Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Lawyer under Article 411 of the Criminal Code – Intentional destruction or damage to military property
Today, the question of war crimes is quite relevant. One of the articles that regulates this issue is Article 411 of the Criminal Code of Ukraine. We are talking about the commission of intentional actions related to the damage/destruction of military property. If you need the help of a lawyer under this article, the specialists of the Prykhodko and Partners law office will be able to protect your rights and interests.
Composition of the crime under Article 411 of the Criminal Code
Let’s consider in detail what is the object and subject of the crime under Article 411 of the Criminal Code. The object of the crime is the peculiarities of the storage of property belonging to the military. This issue is regulated by current Ukrainian legislation. Every serviceman must carefully protect equipment, ammunition, weapons and other military property.
The object of the crime is military property. This category includes any item placed on the balance sheet of various units of the Armed Forces of Ukraine and other paramilitary formations.
Important: property that is not on the balance sheet of a military unit does not belong to the military category. That is why, in case of damage, for example, to cars, such actions will be qualified under Article 194 of the Criminal Code.
Another important point that should be noted: for the qualification of actions under Article 411 of the Criminal Code, it is completely irrelevant whether the damaged/destroyed property belonged to a specific military unit where the serviceman is serving.
The objective side of the crime concerns the damage/destruction of property belonging to the Armed Forces of Ukraine: ammunition, weapons, equipment (military and special), means of transportation or other military property.
An important issue is establishing the motive for the offense committed. Most often, these are revenge or hooligan motives. If the destruction of property implies more serious goals, in particular, weakening the state, responsibility falls under another article of the Criminal Code – 113 (sabotage).
Liability under Article 411 of the Criminal Code
Punishment under Article 411 of the Criminal Code, i.e., for committing acts of intentional damage/disappearance of property, involves one of the following types of punishment:
- Limitation on service – up to two years.
- Detention in the so-called “disciplinary punishment battalion” – up to two years.
- Deprivation of liberty – up to three years.
If the actions committed under Article 411 of the Criminal Code caused serious consequences (among them – the death of people and other unavoidable consequences), the punishment is significantly increased – imprisonment for a term of up to 8 years. Such a crime will already refer to the category of particularly serious offenses.
Important: the qualification of the offense is not affected by the degree of property damage. The only exception is the infliction of serious material damage to a military unit as a result of damage to property (part two of Article 411 of the Criminal Code).
Assistance of a lawyer under Article 411 of the Criminal Code
To begin with, we note the following: the very fact of committing an offense under Article 411 of the Criminal Code is not evidence that the crime has been solved. In order to establish the guilt of a person, it will be necessary to carry out various investigative actions. That is, representatives of law enforcement agencies must provide indisputable evidence that the person is involved in the commission of specific actions specified in Article 411 of the Criminal Code.
To prove your own innocence, you should enlist the support of professional lawyers. Lawyers Prykhodko and Partners have the necessary experience in the field of similar cases. We will make all necessary efforts and use effective tools to prove your innocence. We reach such a result even at the stage of pre-trial investigation. Thus, there will be no need for long legal proceedings. An individual approach to each specific case is the key to the long-term success of our law office.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services under Article 411 of the Criminal Code, fill out the form below.
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