The LAWYER ON CRIMINAL CASES under article 191 of the criminal code of Ukraine. KIEV. 
THEFT OF ENTRUSTED PROPERTY, OFFICIAL

Lawyer Alexander N. Evsutin and other lawyers - partners spetsializiruyutsya on criminal law and process in respect of officials on charges of theft and assignments of property.

There is extensive practice with positive results. Even in the High specialized court for civil and criminal cases when from the courtroom was the defendant previously convicted by the district court to 8 years imprisonment, acquitted him under article 191 of part 5, 364 part 2, 209 criminal code of Ukraine, and freed from punishment under Art. 366 of the criminal code of Ukraine.

The managing partner of the firm lawyer Alexander. personally involved in the issues of qualification of crimes under article 191 and 364 of the criminal code since 2001, being investigator and Prosecutor of the Prosecutor's office, overseeing the units of the investigative Department of the Prosecutor's office, "OP", OCD and UAS, investigating cases of this category, has always defended the law and prevent the involvement of innocent to criminal responsibility. Since 2007, he conducts a personal practice in these cases, using the experience.

Law enforcement officers in most cases exceeding their authority unnecessarily trying to accuse the Commission of such grave and especially grave crimes, as provided for articles 191, 364, 365, 368 criminal code of Ukraine of sanctions for the Commission of which reach the terms of imprisonment to 12 years. and in conjunction with articles 209 and 212 of the Criminal Code of Ukraine, may exceed such timing. However, these offences are very peculiar, have a number of required aggravating circumstances and really difficult to prove. We recommend not to testify without consulting with an experienced lawyer specializing in this category. 

 

OUR SERVICES:

• Protection of accused suspects. defendants, victims and witnesses at all stages of the CRIMINAL PROCESS.

• SUPPRESSION of ILLEGAL methods of inquiry and investigation.

• Lawyer protection in criminal cases in the sphere of economic, economic, malfeasance.

• Contacting a lawyer in the EUROPEAN COURT of human rights.

• The legal protection of the interests of the criminal cases of traffic accidents (road traffic accidents).

• Presentation by the lawyer's interests in the military Prosecutor's office and courts for MILITARY offences.

• Protection in criminal cases related to TAX EVASION.

• First AID in case of accident, detention, arrest and searches in criminal cases. Check out the place. Appeal the actions of traffic police and customs.

• To assist the PAROLE Board, a representation from the criminal-Executive institutions.

• Private investigations with DETECTIVES, the investigation of persons and the collection of evidence.

THE COMMENTARY TO ARTICLE 191 OF THE CRIMINAL CODE OF UKRAINE

ASSIGNMENT, WASTE OF PROPERTY OR TAKING TO THEM BY ABUSE OF OFFICIAL POSITION AS DEFINED PRESTUPLENIE ST. 191 OF UK OF UKRAINE WHICH, IN TURN, HAVE 5 PARTS OF DIFFERENT QUALIFICATIONS:

1. Misappropriation or embezzlement of another's property entrusted to the person or was in his charge,-

2. Misappropriation, embezzlement or the misappropriation of another's property by abuse of official of his official position, -

3. The actions provided by parts of first or second present article, made repeatedly or on preliminary arrangement by group of persons-

4. The actions provided by parts of first, second or third present article if they are to perfection in large dimensions-

5. The actions provided by parts of first, second, third or fourth paragraphs of this article, if committed in especially large sizes or organized group,-

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1. The actus Reus of a crime under article 191, may be made in the form of: 1) assignment of another's property entrusted to the person or was in his charge; 2) waste of assets of such specified person (paragraph 1 of article 191); 3) misappropriation, embezzlement or taking possession of another's property through abuse of their official position (part 2, article 191).

The assignment is illegal and uncompensated seizure (dependent, no return) is guilty of someone else's property, which was in its lawful possession with the intent to continue to pay it in their favor or in favor of third parties. In result of embezzlement is guilty of starting it is illegal to possess and use the seized assets, improving as a direct result of stolen their financial situation.

Embezzlement involves the illegal and gratuitous spending (consumption, sale, donation, exchange, transfer to debt repayment, etc.) guilty of another's property which vested in him or was in his charge. In the result of embezzlement guilty improves the financial situation of other persons by direct consumption of illegally seized property, reduce them at the expense of spending such property of certain material costs, an increase in income of others.

Act can qualify as misappropriation or embezzlement only in that case when it is property that was entrusted to the perpetrator was in his charge, that is, it was in lawful possession of the perpetrator, who was endowed with the authority to order, control, delivery and storage of such property. This authority may be made conditional upon service responsibilities, contractual relations or special order.

This competency may occur not only in individuals who are in an employment relationship with the enterprise, institution or organization regardless of ownership form (warehouseman, freight forwarder, purchasing agent, seller, cashier). Such authority may be granted to any other (private) persons whom the owner of the property in accordance with the law transfers certain powers under the order, control, delivery, or storage of property. Such is the competence of the person can occur on the basis of civil-legal contracts, rental, Commission, rent, transportation, storage, tenancy. It does not matter what the owner - a legal or natural person - the perpetrator was endowed with a certain authority regarding the relevant property.

The appeal in their favor of another's property, committed by a person who has not been endowed with a certain authority regarding the property, and the nature of their activities had only access to the property (caretaker, security guard, maintenance worker, porter, etc.), should be qualified as theft 185. This also applies to individuals who have performed a purely technical function transportation assets (driver, tractor, combine, drivers water vehicles, etc.). If these individuals, in addition to purely technical functions related to the transportation of property, was given the assignment to transport property in a certain jurisdiction, their actions illegal acquirement of this property should be considered as misappropriation or embezzlement of and qualify under article 191. At the same time, theft of another's property, committed by a person who had been about him a certain authority, but in this case it is not used, should be qualified under articles 185, 186 and 187 of the criminal code of Ukraine.

Temporary borrowing of property entrusted to the guilty or was in his charge, for temporary use it and then return it or its equivalent to the owner, could not be deemed wrongful assigning it. In the presence of bases such actions can be regarded as arbitrariness (article 356), and in their committing officer - as the abuse of power or position (article 364).

Misappropriation and embezzlement committed by abuse of official of his official position, constitute an offense under part 2 of article 191. Part 2 of this article covers also the acquisition of another property by abuse of officials by their official position.

The acquisition of another property by abuse of officials their official, is when an official (a special subject) illegally paying someone else's property in their favor or in favor of third parties, using their official position. Its peculiarity is that, unlike misappropriation or embezzlement, subject to the acquisition of another property by abuse of office can be the property that are not directly entrusted to the perpetrator was or was not in its purview. In this method, the offender may take possession of the property in respect of which, in virtue of his office he has the authority, management or disposal of assets through other entities. That is, he has certain powers to influence the persons whom the property entrusted to or is in their care.

The subject of the wrongful appropriation can also be property with respect to which neither the blame nor his subordinates were not endowed with a certain authority. In contrast to embezzlement for taking someone else's property by abuse of officials of his official position, the main feature is not the presence or absence of the perpetrator of certain powers in respect of property that is the subject of the crime, and the use for taking someone else's property granted to him by the post office authority.

If the misappropriation of another's property through abuse of their official position was associated with the making by such person in the official documents of obviously false data, another forgery of documents, or drafting and issuing of fake documents, the actions of the guilty, require training on set of the crimes provided by corresponding parts of article 191, 366 (forgery) of the criminal code of Ukraine.

The acquisition of another property by abuse of officials of his official position should be distinguished from abuse of power or official position committed for selfish motives and constituted a crime under article 364 of the Criminal code of Ukraine.

Abuse their official position for committing a crime under part 2 of article 191 of the Criminal code of Ukraine, is the way of taking possession of another's property, and thus forms a special part of the abuse of power. When the selfish abuse of power or official position, the responsibility for which is provided in art. 364 of the Criminal code of Ukraine, the officer seizes someone else's property, and acting contrary to the interests of the service and receiving illegal benefits from his official position, causing the owner of the property property damage. While such harm may be so-called loss of profits. Unlike a crime under part 2 of article 191 of the Criminal code of Ukraine, abuse of power or official position (art. 364 of the Criminal code of Ukraine) may be accompanied by platnim seizure of another's property, for which there is a replacement property of equal value equivalent and other property, money, using someone else's property for personal use without the purpose of taking them.

Intentional and unreasonable receipt by an official using his official position of someone else's property as premiums, allowances to salaries, pensions, allowances and other benefits should qualify for article 191 of the Criminal code of Ukraine, not under article 364 of the Criminal code of Ukraine. Typically, such prepline committed in conjunction with official forgery (article 366 criminal code of Ukraine) or the use of forged documents (article 358 of the criminal code of Ukraine).

If a person first pays for their use of someone else's property by abuse of his official position, and then to conceal the crime committed by it abuse their position of authority, her actions, require training according to the rules of the real set of crimes - on the relevant parts of article 364 and article 191 of the Criminal code of Ukraine.

The assignment is considered completed upon seizure of another's property and obtain guilty able to dispose of them as his own. The end of waste coincides with the time of spending other people's property. The misappropriation of another's property through abuse of their official position is considered ended from the moment of being able to dispose of them at its discretion.

2. The subject of embezzlement, the responsibility for which is provided by part 1 of article 191, may be a responsible person over 16 years of age and where the property that is the subject of this crime, it was entrusted or was in his charge.

Lawyers ACB "UIP" specialize in matters under article 191 of the criminal code of Ukraine. Bureau Director - counsel EUSUITIN A. personally practices cases in this category since 2002 as a Prosecutor, and since 2005 as a supervising attorney and since 2007 as a lawyer.

THE COST OF THE SERVICES OF A CRIMINAL LAWYER:

LAWYER - ARTICLE 366 OF THE CRIMINAL CODE OF UKRAINE - OFFICIAL FORGERY

ATTORNEY - 191 ARTICLE OF THE CRIMINAL CODE OF UKRAINE - EMBEZZLEMENT OF ENTRUSTED PROPERTY, OFFICIAL

LAWYER - ARTICLE 368 OF THE CRIMINAL CODE OF UKRAINE. BRIBE

ATTORNEY - ST. 212 OF THE CRIMINAL CODE OF UKRAINE - INTENTIONAL EVASION OF TAXES, DUTIES AND OTHER MANDATORY PAYMENTS