Fraud is rampant in the world. Criminals regularly develop and implement new fraud schemes on the Internet and by phone. At the same time, they do not abandon the classic but more sophisticated methods of fraud on the street, in transport, etc. Interestingly, this problem can affect anyone, and from an unexpected angle. There are various life situations when not only direct victims but also suspects need legal assistance. Article 190 of the Criminal Code, which deals specifically with fraud, can be a serious problem for citizens who have committed illegal acts by mistake or ignorance. It is not uncommon for a person to be illegally charged with this article.

 

In all of these cases, you simply cannot do without the help of a professional who is thoroughly familiar with all legal aspects and has extensive experience in successfully defending clients’ interests in fraud cases. Lawrange Attorneys at Law offers the services of such a specialist. Our attorneys and lawyers know what measures to take to reduce psychological and physical pressure in criminal proceedings and avoid adverse consequences.

 

Feel free to trust our professionals who work not according to templates, but on an individual basis. Whether you are a victim of fraud, accused of fraud, or a witness in the case, we can do everything you need to achieve positive results.

 

Fraud from the point of view of the law

The Criminal Code of Ukraine contains Article 190, which defines fraud as a crime in which someone else’s property was seized by deception or a breach of trust occurred. This article is included in the Special Part of the Criminal Code of Ukraine, and according to it, this crime is divided into:

 

  • simple
  • medium gravity
  • grave;
  • especially grave.

 

The subject of fraud is always property or rights to it, which is confirmed by a certain document. The law clearly states that this crime can be committed in two different ways.

 

If deception is involved

Deception means providing false information or concealing certain facts for the sole purpose of taking possession of someone else’s property (or obtaining the right to own it). Deception is expressed both orally and in written and electronic form. Examples include telephone fraud, which is only growing in popularity over the years, or fictitious trading through popular marketplaces, raising charitable funds with subsequent misappropriation or misappropriation, etc. When committing fraud by deception, outright lies may relate to the performance of items, their quality, availability, or the offender’s personal data (impersonation, use of forged documents).

 

If the offender has breached trust

The offender takes fraudulent actions to illegally take possession of property or the right to it. In doing so, he or she takes advantage of a trusting relationship with the victim (friendship, family ties, official relations, etc.). For example, he deliberately starts a friendship with a person, and after a while asks for help to buy a car, then disappears with the money.

 

Important! In all cases, the victim is confident in the absolute legality of everything that happens, believes that everything is done voluntarily and for their own benefit. In contrast, a fraudster acts purely for mercenary purposes, with the direct intention of taking possession of someone else’s property or the right to it.

 

Variety of qualifying elements of fraud

There are four parts that make up Article 190 fraud. The lawyer in Ukraine chooses the defense tactics based on the qualifying features used in the case:

 

  • Repetition – more than two crimes under this article or its parts have been committed. According to the Criminal Code, theft, robbery, assault, etc. will also be considered repeated in this crime.
  • The fraudulent act was the result of a preliminary conspiracy by a group of people who had agreed in advance.
  • Significant damage in the amount of 100 to 250 tax-free minimum incomes, taking into account the financial condition of the victim.
  • Large-scale damage – in the amount of 250 to 600 tax-free minimum incomes.
  • Losses of especially large amounts – from 600 or more tax-free minimum incomes.
  • Use of electronic computing equipment – applies only to transactions that cannot be carried out without such equipment (payment by bank transfer, electronic transfers, etc.).
  • Committing a crime by an organized (stable) group of persons that was formed in advance to commit such crimes. Cases with this qualifying feature are considered very complex and poorly solved.

 

The punishment is selected by the court based on which features or their combination are characteristic of the crime in question. If you are charged with fraud in Ukraine, legal advice will help you immediately identify all the nuances of the case and prepare for the next steps.

 

The most common types of fraud

Over the past year, the number of registered criminal cases under Article 190 of the Criminal Code of Ukraine has increased significantly compared to the previous period. This means that fraudsters continue to deceive citizens even in particularly difficult conditions for the country. At the same time, new fraud schemes have emerged related to rental housing, evacuation of citizens, volunteering, etc. At the same time, classic online fraud and phishing (personal data extortion) are not going away.

 

Features of credit fraud

The crime consists in providing false information to a financial institution in order to obtain a loan. As a rule, the offender uses a forged signature or documents about:

 

  • place of employment
  • income
  • financial status of the entrepreneur or enterprise;
  • property that is the subject of the pledge.

 

For example, a fraud lawyer in Ukraine often encounters situations where a loan is issued on stolen documents or copies of a passport. Therefore, it is extremely important to keep track of personal documents and not to pass them on to unauthorized persons unless absolutely necessary. It is also common for a company’s director to deliberately submit incorrect reporting for preferential lending terms. If this subsequently leads to particularly large damage, the case will be classified under one of the parts of Article 190 of the Criminal Code.

 

What is phishing?

Phishing is one of the most common types of online fraud. It involves the illegal acquisition of confidential user data (passwords, logins, wallet numbers, etc.), which are then used, for example, to perform payment transactions.

 

The favorite phishing methods among fraudsters are:

 

  • Sending emails with a request to log in to certain resources;
  • messages with congratulations on winning, etc.

 

The criminals hope that the user will not notice the fake, will perform certain actions, and will thus share their personal data. Not only ordinary citizens, but even the largest technology companies can become victims of phishing scams. If you have also encountered this problem and need legal assistance under Article 190 of the Criminal Code, then contact Lawrange law firm. We will study your problem and offer the best ways to solve it.

 

Features of fictitious online stores

Fraudsters create lookalike websites that are very similar to real ones. They have many pages with hundreds or even thousands of products that are not actually available or their quality does not match the declared one. Such “stores” usually attract buyers with low prices (much lower than the market average). After receiving payment for the goods, the fraudsters often first report the need to postpone delivery, citing, for example, problems with suppliers. Then they stop answering calls and messages and simply disappear.

 

Credit card and banking fraud

Fraudsters usually work according to one of the following schemes:

 

  • They call, allegedly on behalf of a bank employee (for example, the security service), report suspicious activity and offer to dictate card details to take measures to protect your money.
  • They persistently persuade you to transfer money to a separate account, again, arguing that it is necessary to protect your funds.
  • They demand the use of special software. Which, in fact, is needed to steal card data and reissue an approved loan. After that, they simply withdraw the money.
  • Citizens are called 15 minutes after receiving the card with a proposal to activate it, although all banks require the user to do this process directly.

 

Important! To avoid problems, never disclose the four-digit pin code of your card and the three-digit CVC code on the back to outsiders. Remember, fraudsters can even call from numbers that appear to be real bank numbers.

 

More about insurance and tax fraud

In the first case, we are talking about falsifying or falsifying a situation that opens up the possibility of receiving insurance compensation. Such an action becomes a criminal offense as soon as it occurs, regardless of whether the offender succeeds in obtaining compensation or not.

 

Tax fraud consists of a taxpayer providing false or incomplete information in order to avoid, for example, a tax increase. It is worth noting here that in addition to Article 190, Articles 212 and 205 of the CCU may be applied during investigations. At the same time, the prosecution cannot use only tax audit data if the taxpayer has challenged the results of the audit. Tax fraud cases, however, like many others, are complex and therefore require a strictly professional legal approach to their resolution. A Lawrange fraud attorney will be helpful at any stage of the case, and will be able to monitor and correct many issues.

 

Forgery of documentation

This type of fraud is related to the forgery of contracts, etc. Such a crime is also qualified by more than one Article 190. Article 358 of the Criminal Code is often used. In other words, persons who have committed fraud with the use of forged documents may be subject to additional criminal liability.

 

How fraud is punished

A criminal case is initiated under Art. 190 of the Criminal Code of Ukraine if the damage is at least 0.2 tax-free minimums. If the amount is less, then it is an administrative penalty.

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The punishment for fraud in Ukraine, provided that there are no qualifying features, is in the form of:

 

  • Fines – can reach UAH 51 thousand.
  • Community service – 200-400 hours.
  • Correctional labor – up to 24 months.
  • Probation – up to 3 years.

 

If the crime was repeated or involved persons who had previously conspired and resulted in significant damage to the victim, the punishment is imposed in accordance with Article 190(2) of the Criminal Code of Ukraine:

 

  • A fine in the amount of 50-100 tax-free minimum incomes (hereinafter referred to as the “TFMI”).
  • Correctional labor – up to 2 years.
  • A suspended sentence of up to 5 years.
  • Imprisonment for up to 3 years.

 

If the investigation applies parts 3 and 4 of Article 190 of the Criminal Code of Ukraine, the accused may be sentenced to imprisonment from 5 to 12 years. In this case, property is subject to confiscation.

 

The court is obliged to make a decision taking into account the personality of the defendant, the gravity of the crime and other circumstances that mitigate or alleviate the punishment.

 

Based on this, a lawyer under Article 190 of the Criminal Code will do everything necessary to provide the court with information that would help to avoid punishment or lighten the penalty.

 

Important! Fraudsters, in addition to criminal liability, may also bear administrative responsibility. For example, Article 51 provides for a fine of 10 minimum national income and correctional labor for up to 1 month for petty theft. Administrative detention for up to 15 days is also allowed if the offense is repeated.

 

What actions can be taken

If you are accused under Article 190 of the Criminal Code, a fraud lawyer recommends that you act immediately:

 

  • Make a video recording of how you are suspected.
  • Contact your relatives, friends, or colleagues and inform them of the criminal prosecution (in case you are going to be taken to a police station or pre-trial detention center).
  • Do not give any testimony without a lawyer.
  • Contact our specialist or ask the police officer to provide you with a free lawyer under the Free Secondary Legal Aid program.

 

What can harm you with a high probability:

 

  • deletion of archives;
  • coordination of legal position with colleagues or business partners;
  • deletion of information from electronic media;
  • any comments, conclusions in the presence of law enforcement officials, etc.

 

Those who have become a victim of fraud should also not waste time if they want to bring the fraudsters to justice. To do this, you need to:

 

  • Collect evidence of the crime that occurred (copies of electronic statements, printed copies of recent correspondence in messengers, as well as video evidence from surveillance cameras, etc.)
  • Submit an application to the police department in your district or city with a detailed description of the circumstances and attach the evidence collected (you can submit an application through the office or send it by mail).
  • Testify or participate in investigative and search activities, if necessary.
  • Appear in court according to the agenda at a certain time.

 

In any case, you will need to consult a fraud lawyer who will answer all your questions, offer an optimal plan of action, and predict the most likely prospects for your case.

 

Important! A victim of fraud has the right to file a civil lawsuit to recover damages from the accuser and return the material things that were misappropriated.

 

Qualifications of a fraud lawyer in Ukraine

A fraud lawyer in Ukraine under Article 190 of the Criminal Code is a narrow specialist who deals with criminal cases related to the seizure of another’s property by fraud or breach of trust. To obtain this specialization, you must successfully pass the qualifying exams.

 

A good criminal defense lawyer has both theoretical knowledge and practical skills. When dealing with fraud cases, such a specialist is able to correctly interpret the law and build the necessary legal defense for the client. In doing so, he/she applies his/her experience of working in a prosecutor’s office, law firm, etc.

 

The high level of professionalism of a fraud lawyer in Ukraine is accompanied by the same level of ethical considerations. He respects the rights of clients, ensures that there is no conflict of interest and always adheres to the norms of professional activity.

 

Important! You can use the services of legal professionals by contacting our company. We will help those who find themselves in a difficult life situation.

 

Why you should choose Lawrange

You will need the help of a lawyer both during detention and pre-trial investigations or if you are a victim of fraud. Our fraud attorney-at-law under Article 190 of the Criminal Code of Ukraine has the necessary level of qualifications and many years of experience. Thanks to this, he will be able to develop the right and winning strategy, skillfully operating with the legal rights of his client.

 

We provide all the necessary legal assistance, including:

 

  • We provide individual consultations.
  • We help you to prepare statements to the police and draw up procedural documents for the court.
  • Represent your interests in government agencies and courts.

 

We always keep our clients informed of what is happening – any changes in the case, significant and not so significant, are always reported and, if necessary, discussed. At the same time, we guarantee complete confidentiality, which makes even the slightest risk of personal information leakage impossible.

 

Conclusions

Article 190 of the Criminal Code of Ukraine defines fraud as the seizure of another’s property by deception or breach of trust. There are various ways to commit this crime, ranging from classic fraud schemes involving lending money to an acquaintance who suddenly disappears to scams via the Internet and telephone. In this case, anyone can get into trouble: both the victim and the accused.

 

Each party needs maximum protection of their rights. Therefore, it is recommended that you contact Lawrange, where an experienced, highly qualified fraud attorney is ready to defend your rights. Kyiv and other cities of Ukraine – our geography of service provision is wide thanks to the Internet. For more information, please call the phone numbers listed on the website or fill out the form and we will call you back.

 

FAQ

Can a loan guarantor file a complaint about the debtor’s fraud?

Yes, they have the right to file a complaint with the police. However, in such a situation, it will be quite difficult for him to prove that there was an intention to commit illegal actions.

 

Who can force a fraudster to return my money?

This is the prerogative of the court. It must make a decision according to which you will be recognized as an injured party.

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Can I appeal a court decision in a fraud case?

Yes, our lawyer will help you appeal the court’s decision. The deadline for filing an appeal in a criminal case is 10 days (starting from the date following the day after the verdict is announced).

 

How long does a fraud investigation take?

On average, the investigation takes 2-6 months. However, if a large number of defendants are involved, this process can take several years.

 

 

 

 

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