Lawyer for Article 190 of the Criminal Code of Ukraine: Defense Against Fraud Charges

Article 190 of the Criminal Code of Ukraine establishes liability for fraud – one of the most common crimes against property. Fraud charges can arise in both everyday situations and business relationships, even when a person acted in good faith. The line between a civil dispute and a criminal offense is often thin, which is why professional legal defense is critically important for preserving freedom, reputation, and future prospects.

What Constitutes Fraud Under Article 190 of the Criminal Code of Ukraine

Article 190 of the Criminal Code of Ukraine defines fraud as the acquisition of someone else’s property or the acquisition of property rights through deception or abuse of trust.

Key elements of fraud: acquisition of someone else’s property or property rights occurs voluntarily on the part of the victim (unlike theft), deception or abuse of trust is used as a method of acquisition, direct intent and mercenary motive are present, property damage is caused to the victim.

Deception – is the communication of knowingly false information or concealment of circumstances that are significant for making a decision to transfer property. For example: selling non-existent goods, providing false information about product quality, concealing defects or encumbrances on property.

Abuse of trust – is the use of trusting relationships to acquire property. For example: failure to fulfill contractual obligations by a person entrusted with property, use of official position for illegal enrichment, fraud by persons with whom the victim has trusting relationships.

Elements of the Crime Under Article 190 of the Criminal Code of Ukraine

To bring criminal charges, all elements of the crime must be proven.

The objective aspect includes the act – deception or abuse of trust, the consequence – acquisition of someone else’s property or property rights, causal link between the act and the consequence. It is important that the victim himself transfers the property through deception, rather than being subjected to violence.

The subjective aspect is characterized by direct intent – the person realizes that they are using deception to acquire property and desires this. Also mandatory is a mercenary motive – the intention to enrich oneself or others at the expense of the victim.

The subject of the crime – a sane individual who has reached 16 years of age. Certain types of fraud may be committed by a special subject (for example, an official).

Qualifying features increase the severity of the crime: Part 2 – fraud committed repeatedly or by a group of persons by prior conspiracy, or if it caused significant damage to the victim. Part 3 – fraud committed on a large scale or by an organized group. Part 4 – fraud committed on an especially large scale or if it caused grave consequences.

Types of Fraud: From Everyday to Business Crimes

Fraud manifests in various forms depending on the sphere of relations and method of commission.

Everyday fraud includes selling non-existent goods through advertisements, rental housing fraud (receiving advance payment without intention to rent out housing), bank card fraud (phishing, skimming), fraud using trust (borrowing money without intention to return it).

Business fraud encompasses failure to fulfill contractual obligations after receiving advance payment, selling fictitious shares in business or securities, fraud in supply contracts (receiving goods without payment), using forged documents to obtain loans.

Internet fraud has become particularly widespread: phishing sites and fake online stores, fraud on trading platforms (OLX, Prom), fraud through social networks, account hacking and ransom demands.

Investment fraud includes financial pyramids, fictitious cryptocurrency projects, real estate fraud (selling one property to multiple buyers).

Criminal Liability for Fraud

Punishment for fraud depends on qualifying features and the severity of the crime.

Part 1 of Article 190 CC (simple fraud) – fine up to 50 tax-free minimum incomes or community service from 150 to 240 hours, or correctional labor up to 2 years, or arrest up to 6 months, or restriction of liberty up to 3 years, or imprisonment up to 3 years.

Part 2 (qualified fraud) – fine from 50 to 100 tax-free minimum incomes or correctional labor up to 2 years, or restriction of liberty up to 5 years, or imprisonment from 3 to 5 years.

Part 3 (on a large scale) – imprisonment from 5 to 8 years with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years and with confiscation of property.

Part 4 (on an especially large scale or with grave consequences) – imprisonment from 8 to 12 years with deprivation of the right to hold certain positions for up to 3 years and with confiscation of property.

Who Is Most Often Prosecuted Under Article 190 of the Criminal Code of Ukraine

Analysis of judicial practice shows that various categories of persons are brought to justice.

Sellers of goods and services via the internet – persons who received advance payment for goods that did not exist or had no intention of shipping. This is the most common category in everyday fraud.

Entrepreneurs and company executives – persons who received advance payment for goods or services without intention to fulfill obligations. The line between commercial failure and fraud is important.

Real estate intermediaries – persons who collected funds from buyers under the guise of helping to purchase housing but did not deliver on promises.

Persons who exploited trusting relationships – fraud by acquaintances, relatives, colleagues who borrowed money without intention to return it.

Persons who used fictitious documents – forged income certificates to obtain loans, fictitious contracts to obtain property.

Typical Investigative Errors in Fraud Cases

Pre-trial investigation bodies often make mistakes that can become grounds for defense.

Qualifying a civil dispute as fraud – the most common mistake. Simple breach of contract is not fraud if intent to deceive from the beginning is not proven. Many cases should be resolved in civil rather than criminal proceedings.

Failure to prove intent – investigators often presume intent from the fact of non-performance of obligations without collecting evidence that the person planned deception from the start. This violates the presumption of innocence.

Ignoring objective circumstances – investigators do not consider force majeure circumstances, economic crises, illnesses that prevented fulfillment of obligations. The presence of such circumstances excludes intent.

Violation of evidence collection procedures – illegal searches, obtaining testimony under pressure, use of evidence obtained in violation of procedures. All such evidence can be excluded.

Lack of proper damage assessment – investigators often overstate the amount of damage, including lost profits, moral damages, etc. Proper expert examination can significantly reduce the amount of the charge.

The Role of a Lawyer at the Pre-Trial Investigation Stage

Professional defense at an early stage is crucial for the outcome of the case.

When summoned for questioning as a witness, the lawyer assesses whether this is the beginning of an investigation into involvement in a crime, advises on which questions may be provocative, accompanies to questioning to protect rights.

Upon notification of suspicion, immediately analyzes the validity of the suspicion and availability of evidence, prepares written objections to the suspicion, forms a defense position considering the case prospects, collects evidence to refute the accusation.

During investigative actions, ensures presence during interrogations, searches, inspections, records violations of procedural rights, objects to illegal actions of the investigator, files motions for expert examinations, questioning of defense witnesses.

Collection of evidence for defense includes searching for documents confirming good faith intentions, involving witnesses who confirm the circumstances of the case, obtaining expert conclusions on the amount of damage, collecting evidence of force majeure circumstances or other obstacles.

Interrogations, Searches, Property Seizure: How to Defend

Procedural actions require special attention and control from the lawyer.

Interrogation of the suspect – a critically important investigative action. The lawyer prepares the client for interrogation, explains the right not to testify against oneself, advises during interrogation (breaks for consultations are possible), records incorrect questions or pressure, controls the accuracy of recording answers in the protocol.

Search must be conducted by court order. The lawyer checks for the presence of the order and its compliance with actual actions, controls seizure of only those items related to the case, records all seized items in the protocol, objects to violations (illegal seizure, property damage), ensures compliance with the rights of other persons present.

Property seizure is applied to ensure possible confiscation or compensation for damage. The lawyer appeals the seizure order if it is unfounded, petitions to reduce the seizure to the amount of possible damage, seeks exclusion from seizure of property necessary for life, controls inventory and valuation of seized property.

Closure of Criminal Proceedings Under Article 190 of the Criminal Code

Closure of proceedings is the best outcome for the suspect, which is possible on various grounds.

Absence of the event of a crime is established if the fact of property acquisition is not confirmed or property was transferred as a gift rather than through deception. The lawyer collects evidence of the absence of a criminal event.

Absence of elements of a crime – even if there were contract violations but deception or intent is not proven, elements of crime are absent. This is a civil dispute.

Absence of intent to acquire property from the beginning – if the person intended to fulfill the obligation but could not due to objective reasons, intent is absent. Commercial failure is not a crime.

Reconciliation with the victim – in cases of minor or medium gravity crimes, closure through reconciliation and damage compensation is possible. The lawyer helps organize reconciliation.

Expiration of statute of limitations – proceedings are subject to closure if 3, 5, or 10 years have passed since the commission of the crime, depending on severity.

Insignificance of the act – if the amount of damage is insignificant and there is no significant public danger, application of Article 11-1 of the CC on insignificance is possible.

Judicial Practice: Effective Defense Strategy

Analysis of acquittal verdicts allows identifying the most effective defense strategies.

Proving absence of deception – courts acquit if it is proven that information was accurate or errors were unintentional. It is important to prove that the person himself believed what they were saying.

Proving intention to fulfill obligation – even if obligations were not fulfilled, a person can be acquitted if they prove attempts at fulfillment. Evidence: correspondence with counterparties, attempts to find alternative suppliers, applying for loans.

Proving force majeure circumstances – illness, death of loved ones, military actions, pandemic, economic crisis can be circumstances that exclude intent or even unlawfulness.

Criticism of prosecution evidence – refutation of victim’s testimony with other evidence, exclusion of inadmissible evidence, criticism of expert examinations regarding damage amount.

Reclassification as a civil dispute – in many cases courts close cases, recognizing them as civil disputes rather than crimes. The lawyer proves the absence of criminal legal elements.

Why You Should Contact Dextra Law

Dextra Law legal company has many years of experience defending fraud cases under Article 190 of the Criminal Code of Ukraine.

Our advantages:

• Specialization in criminal cases – deep understanding of crime qualification
• Successful defense experience – 98% of cases end in closure or acquittal
• Rapid response – upon detention, a lawyer arrives within an hour
• Comprehensive approach – from pre-trial investigation to appeal
• Individual strategy – each case is unique, no templates exist

If you are summoned for questioning, notified of suspicion, or learned about criminal proceedings under Article 190 of the CC – contact Dextra Law immediately. The earlier we begin defense, the greater the chances of success. Your freedom is our priority!