Regarding the application of Part 4 of Article 185 of the Criminal Code of Ukraine under the qualifying criterion of “committing a crime under conditions of martial law or a state of emergency”
On January 15! 2024! the Joint Chamber of the Cassation Criminal Court of the Qualifying feature Supreme Court! within the framework of case No. 722/594/22! proceedings No. 51-3186кмо22 (EDRSRU No. 116446106)! investigated the issue of the application of Part 4 of Article 185 of the Criminal Code of Ukraine under the qualifying criterion of “committing a crime in conditions of war or a state of emergency”.
The Verkhovna Rada of Ukraine adopted the Law of Ukraine No
2117-IX “On Amendments to the Criminal Code of Ukraine whatsapp lead Regarding Strengthening Liability for Looting.
Hereinafter referred to as Law No. 2117-IX)! which amended Qualifying feature part four of Articles 185-187! 189 and 191 of the Criminal Code of Ukraine of the same content: they were supplement with. The qualifying feature of committing crimes “in conditions of war or a state of emergency.”
From March 7! 2022 (after the entry into force of Law No. 2117-IX). The commission of theft under martial law is qualified under Part 4 of Article 185 of the Criminal Code of Ukraine.
The legislator took into account the commission of theft under martial law as a factor that significantly increases the public danger of any theft committed under martial law! which determines the addition! any individual will be able qualification of the perpetrator under the relevant part of Article 185 of the Criminal Code of Ukraine.
The CCC in its decisions
with which the panel of judges of the First Judicial Chamber disagrees! resolved the issue of the criminal legal assessment of theft committed. Under martial law and applied the norm of the Law of Ukraine on criminal liability (Part 4 of Article 185 of the Criminal Code of Ukraine) taking into account the changes made by Law No. 2117-IX.
Thus! in the ruling of January 17! 2023 (case No. 404/3367/22)! the Court agreed with. The conclusions of the courts of first and appellate instances that the theft was committed under martial law! that is! during the period of martial law in the territory of Ukraine! and there are no grounds for reclassifying the actions under Part 1 of Article 185 of the Criminal aqb directory Code of Ukraine! since the commission of a crime under martial law as a qualifying feature is not an identical concept to the circumstances of committing a crime using martial law.