Criminal law is a branch that determines which acts are criminal offenses (crimes and criminal misdemeanors), the grounds and limits of criminal liability, and the types of punishments provided for by the Criminal Code of Ukraine.
to the lead lawyer
A criminal offense is punishable under the Criminal Code of Ukraine: from a fine and correctional labor to imprisonment. Thus, both a person accused of a crime and a victim of its actions always need legal assistance from a lawyer. Although in both cases, the defense strategies when representing interests in court will differ.
Criminal law (which, by the way, is considered one of the oldest branches of law) is a branch that determines which acts are criminal offenses (crimes and criminal misdemeanors), the grounds and limits of criminal liability, and the types of punishments provided for by the Criminal Code of Ukraine. In fact, criminal liability arises in the event of gross violations and causing significant material and moral damage in any other areas of law (for example, such a well-known corruption crime in Ukraine as a large bribe (illegitimate benefit) may, depending on the amount, be classified as administrative or criminal law. Common examples of criminal offenses are:
The degree of severity of the crime is initially determined by the investigative authorities during the criminal investigation, and the qualification may change and be supplemented and supplemented in the course of the case. The final decision on the nature and circumstances of the crime and punishment is made by the court.
According to Article 12 of the Criminal Code of Ukraine (CCU), criminal offenses are divided into misdemeanors and felonies depending on their severity. A criminal misdemeanor provides for a simplified investigation procedure and punishment that is not related to deprivation of liberty – a fine, community service. In turn, crimes are non-serious, serious and especially serious. In addition, depending on who the criminal act (omission) is directed at, the following criminal offenses are distinguished:
The punishment for the crime includes both a fine (from 10 thousand to more than 25 thousand tax-free minimum incomes) and imprisonment.
When it comes to defense in criminal cases, legal advice is needed as early as possible. Immediately after the arrest, a lawyer can ensure that law enforcement agencies do not apply psychological pressure and other illegal methods of investigation to the accused. Actually, preparation for a criminal trial also requires a lot of time and effort and includes:
The correct placement of accents is important, which will help change the qualification of the crime. Let’s consider an example of legal assistance in fraud. The essence of this crime is that a person misleads and appropriates material funds and resources that he offers to invest profitably or transfer to a fake fund. Qualification depends on the amount of money and has four levels of responsibility. You can protect yourself from fraud by remaining attentive and vigilant and asking your lawyer to review the documents you are being asked to sign.
Sometimes, protection from fraud charges is needed by a person who has been falsely accused. Then one of the key questions will be: did this person really intend to misappropriate funds or did not fulfill their obligations in civil law relations for any other reasons? If the lawyer can prove the honesty of their intentions, this will affect liability.
In some cases, in particular, in the case of voluntary abandonment of the unit (SZCH), it is advisable to contact a lawyer before committing a criminal offense. Theoretically, this situation resembles desertion, but there is a nuance: in the case of SZCH, the person seems to intend to return to the unit or is not sure about this.
A person who goes to SZCH, as a rule, does not know what to do next, what the responsibility is and whether it would be better to surrender to law enforcement agencies after some time. Yes, a lawyer cannot give advice on committing crimes, but he can advise, warn about the consequences and options for solving the problem. The Criminal Code has already undergone several changes, and the average person is most likely not aware that he has a chance to return to his military unit or another unit, while a lawyer understands all the intricacies of the defense and can collect evidence and present the case in such a way that the serviceman gets off with minimal punishment.
Both the client himself and his family members can contact a lawyer for judicial protection of rights in criminal cases, if the client is detained. After clarifying the circumstances, initial confirmation of the agreement with relatives is not required – the lawyer goes to the place of temporary detention of the client (investigator’s office, detention center, etc.). If the client refuses the services of a lawyer, the agreement with the family is considered invalid. In the event of obtaining the client’s consent, the lawyer immediately gets down to business: gives advice, participates in procedural actions, collects evidence, involves witnesses and forms a defense position that will be followed in court.
For criminal case consultation, it is necessary to provide the lawyer with the documents of the person who applied (this can be both the client himself and his family members), describe the events that occurred, and present all documents that are relevant to the event and became the basis for raising suspicion. These can be photo and video materials that confirm or refute the fact of committing a crime, a copy of the search report with photo and video recording, and others. For example, criminal liability for a road accident occurs when the victim has sustained moderate or higher health damage, so a lawyer needs medical documents and doctor’s conclusions, information about eyewitnesses, video camera recordings, etc. to protect rights in road accidents.
Depending on the case, the investigation is conducted by different law enforcement agencies: the State Bureau of Investigation, the National Anti-Corruption Bureau, the police, the prosecutor’s office, but in any case, the lawyer joins the process and forms a defense strategy and ensures compliance with procedural rights. During the trial, the lawyer has broad powers: to order expert examinations, invite witnesses, request documents, convince judges and jurors of the suspect’s innocence. Legal support for criminal cases includes:
In addition, the lawyer can file a claim in a criminal case for compensation for damages to the victim. This case can be considered in parallel, so a person simultaneously with the verdict receives a court decision that includes not only the punishment of the guilty party, but also compensation for material and moral damage.
Based on the evidence and case materials, the judge assesses the qualification of the criminal offense and assigns a punishment. The result of defense in criminal cases at all stages can be either the withdrawal of charges and the closure of the case, or the finding of evidence that allows the offense to be qualified as less serious and receive a less severe punishment. If you are a victim, you can expect that the guilt of the person who committed a criminal offense against you will be fully proven, the offender will receive a severe punishment, and the victim will receive proper compensation for material and moral damage.
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