Statistics show an increase in crime in Ukraine, and in particular theft, which occurs daily. Theft of mobile phones, wallets, bicycles, goods from the supermarket and other property, we all heard about it, but not all faced. For such a crime, you can incur administrative or criminal liability, depending on the severity of the offense.
Administrative punishment for theft of someone else’s property is provided for by Art. 51 of the Administrative Code of Ukraine. This article is applicable only if the value of the stolen property does not exceed 20% of the NMDG, which in 2016 is 689 UAH. That is, the theft of things up to UAH 137.8. provides for the following punishment:
- Payment of a fine in the amount of 10-30 NMDG, that is, 170-510 UAH.
- Appointment of correctional labor for up to one month with the withdrawal of 20% of the earned funds.
- Administrative arrest, which can last 5-10 days.
If the theft was committed repeatedly during the year, then a more serious punishment may be awarded to the offender:
- Payment of a fine in the amount of 30-50 NMDG, that is, 510-850 UAH.
- Appointment of correctional labor lasting from one to two months with the withdrawal of 20% of the earned funds.
- Administrative arrest, which can last 10-15 days.
From administrative responsibility can be released under Art. 22 of the Administrative Code of Ukraine, but only if the theft was insignificant – a lighter or chewing gum was stolen. In such cases, they are limited to verbal warning.
In Ukrainian legislation, theft or theft and liability for these crimes are regulated by Art. 185 of the Criminal Code of Ukraine. This crime is characterized as a secret theft of someone else’s property with active actions of the offender, aimed at unlawful seizure of someone else’s property without the knowledge of the owner.
The secrecy of the crime is the main sign of theft. If the theft of someone else’s property takes place in an open form, then this is already robbery, which is punished more severely and is regulated by Art. 186 of the Criminal Code of Ukraine. In addition, the theft must have a secret intent of the attacker, that is, he must initially plan to stealthily steal property. If he acted secretly, but he was noticed, then this offense still remains theft, and not robbery, where the crime is committed openly.
The following actions can also be considered theft:
- Theft of valuables in the presence of persons who are not aware of the fact of theft;
- Theft of valuables in front of people who understand what is happening, but do not interfere and agree with what is happening.
But if the illegal actions of the intruder were revealed, and he still continued to steal valuables in the open, then this is already qualified as robbery.
Citizens can be criminally liable before the law from the age of fourteen. Depending on the aggravating signs, theft can be punished as follows:
- Payment of a fine in the amount of 50-100 NMDG, that is, 850-1700 UAH.
- Appointment of community service for 80-240 hours.
- Execution of executive works for up to 2 years.
- Arrest of a criminal for a period of one month to six months.
- Awarding an opinion for a period of 1 to 3 years.
- Burglary and entry is punishable by imprisonment for a term of 3 to 6 years.
- In case of theft by an organized group or on an especially large scale, confiscation of property and imprisonment for 7-12 years is threatened.