Article 371. Knowingly unlawful apprehension,
taking into custody or arrest
1. Knowingly unlawful apprehension or unlawful
taking into custody, -
shall be punishable by deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to five
years, or to restraint of liberty for a term
up to three years.
2. Knowingly unlawful arrest or detention,
-
shall be punishable by restraint of liberty
for a term of three to five years, or imprisonment
for the same term.
3 Any such acts as provided for by paragraph
1 or 2 of this Article, where these caused
any grave consequences, or were committed
for mercenary motives or any other personal
benefit, -
shall be punishable by imprisonment of a term
of five to ten years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 372. Prosecution of a knowingly
innocent person
1. Criminal prosecution of a knowingly innocent
person by an investigator, prosecutor or any
other person authorized by law, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term.
2. The same act accompanied with charges of
a grievous or special grievous offense, and
also accompanied with fabrication of prosecution
evidence or any other falsification, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 373. Compelling to testify
1. Compelling to testify during an interview
by means of unlawful actions of a person who
conducts the interview or pretrial investigation,
-
shall be punishable by restraint of liberty
for a term up to three years, or imprisonment
for the same term.
2. The same actions accompanied with violence
or insult in regard to a person, -
shall be punishable by imprisonment for a
term of three to eight years.
Article 374. Violation of the right to defense
1. Failure to provide access to a defense
attorney in a timely manner, and also any
other serious violation of the right of a
suspected, accused or defendant to defense,
if committed by a inquiring officer, investigator,
prosecutor or judge, -
shall be punishable by a fine of 300 to 500
tax-free minimum incomes, or correctional
labor for a term up to two years, or arrest
for a term up to six months, with or without
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
2. The same actions that resulted in conviction
of an innocent person, or committed by a group
of persons upon their prior conspiracy, or
where they caused any grave consequences,
-
shall be punishable by imprisonment for a
term of three to seven years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 375. Delivery of a knowingly unfair
sentence, judgment, ruling or order by a judge
(or judges)
1. Delivery of a knowingly unfair sentence,
judgment, ruling or order by a judge (or judges),
-
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for a term of two to five years.
2. The same actions that caused any grave
consequences, or committed for mercenary motives
or for any other personal benefit, -
shall be punishable by imprisonment for a
term of five to eight years.
Article 376. Interference with activity
of judicial authorities
1. Any interference with activity of a judge
for the purpose of preventing him form performance
of his official duties or obtaining an unlawful
judgment, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or correctional labor for
a term up to two years, or arrest for a term
up to six months.
2. The same actions that precluded the prevention
of a criminal offence or apprehension of the
offender, or committed by a person through
abuse of office, -
shall be punishable by deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to five
years, or arrest for a term up to six months,
or imprisonment for a term up to three years.
Article 377. Threats or violence against
a judge, assessor or juror
1. Threats of murder, violence, destruction
or impairment of property made in respect
of a judge, assessor or juror, and also their
close relatives, in connection with their
activity related to the administration of
justice, -
shall be punishable by correctional labor
for a term up to two years, or arrest for
a term up to six months, or restraint of liberty
for a term up to three years, or imprisonment
for the same term.
2. Willful battery of, or infliction of minor
or medium grave bodily injury on a judge,
assessor, juror or heir close relatives, in
connection with their activity related to
the administration of justice, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for a term up to six years.
3. Willful infliction of grave bodily injury
on a judge, assessor, juror or their close
relatives, in connection with their activity
related to the administration of justice,
-
shall be punishable by imprisonment for a
term of five to twelve years.
Article 378. Willful destruction or impairment
of property owned by a judge, assessor or
juror
1. Willful destruction or impairment of property
owned by a judge, assessor or juror or their
close relatives, in connection with their
activities related to the administration of
justice, -
shall be punishable by arrest for a term up
to six months, or imprisonment for a term
up to five years.
2. The same actions committed by setting fire,
explosion, or any other generally dangerous
method, or where they caused death of people
or any other grave consequences, -
shall be punishable by imprisonment for a
term of six to fifteen years.
Article 379. Trespass against life of a
judge, assessor or juror in connection with
their activity related to the administration
of justice
Murder or attempted murder of a judge, assessor,
juror or their close relatives, in connection
with their activity related to the administration
of justice, -
shall be punishable by imprisonment for a
term of eight to fifteen years, or life imprisonment.
Article 380. Failure to ensure safety of
persons taken under protection
Failure to make a decision or making an untimely
or insufficiently grounded decision, and failure
to take or untimely taking of measures, which
are sufficient to ensure safety of court members,
law enforcement officers, persons involved
in criminal proceedings, members of their
families and their close relatives, by an
official of an agency responsible for safety
of the above persons, where these acts caused
any grave consequences, -
shall be punishable by imprisonment for a
term up to five years.
Article 381. Disclosure of information on
safety measures in respect of a person taken
under protection
1. Disclosure of information on safety measures
in respect of a person taken under protection,
by an official who made decisions on these
measures, a person who implements these decisions,
or a person who became aware of these decisions
due to his/her official position, and also
by a person taken under protection, where
these acts caused any harm to the health of
a person taken under protection, -
shall be punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to three years.
2. The same actions that caused death of a
person taken under protection or any other
grave consequences, -
shall be punishable by arrest for a term up
to six months, or restraint of liberty for
a term up to five years, or imprisonment for
the same term.
Article 382. Failure to comply with a judgment
1. Willful failure of an official to comply
with a sentence, judgment, ruling or order
of a court, which has come into effect, or
preclusion of their execution, -
shall be punishable by a fine of 500 to 1000
tax-free minimum incomes, or imprisonment
for a term up to three years, with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
2. The same actions committed by an official
who occupies a responsible or especially responsible
position, or a person previously convicted
for the offense created by this Article, or
where these actions caused any significant
damage to legally protected rights and freedoms
of citizens, state and public interests, or
interests of legal entities, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term, with the deprivation of
the right to occupy certain positions or engage
in certain activities for a term up to three
years.
3. Willful failure of an official to comply
with the judgment of the European Court of
Human Rights, -
shall be punishable by imprisonment for a
term of three to eight years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 383. Intended misreport of a criminal
offense
1. Intended misreport of a criminal offense
to a court, prosecutor, investigator, or inquiring
body, -
shall be punishable by correctional labor
for a term up to two years, or arrest for
a term up to six months, or restraint of liberty
for a term up to three years, or imprisonment
for a term up to two years.
2. The same actions accompanied with accusation
of a person in a grave or special grave offense,
or fabrication of prosecution evidence, or
committed for mercenary motives, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term.
Article 384. Knowingly false testimony
1. Any knowingly false testimony by a witness
or victim, or any knowingly false opinion
presented by an expert during the inquiry,
pretrial investigation, investigation by an
ad-hoc investigation commission or an ad-hoc
special commission of the Verkhovna Rada (Parliament)
of Ukraine, or in court, and also any knowingly
false interpretation/translation made by an
interpreter/translator in the same cases,
-
shall be punishable by correctional labor
for a term up to two years, or arrest for
a term up to six months, or restraint of liberty
for a term up to two years.
2. The same actions accompanied with accusations
in a grave or special grave offense, or with
the fabrication of prosecution or defense
evidence, and also committed for mercenary
motives, -
shall be punishable by correctional labor
for a term up to two years, or restraint of
liberty for a term up to five years, or imprisonment
for a term of two to five years.
Article 385. Refusal of a witness to testify,
or refusal of an expert or interpreter/translator
to perform their duties
1. A groundless refusal of a witness to testify,
or an expert or interpreter/translator to
perform their duties in court or during pretrial
investigation, investigation by an ad-hoc
investigation commission or an ad-hoc special
commission of the Verkhovna Rada (Parliament)
of Ukraine, or inquiry, -
shall be punishable by a fine of 50 to 300
tax-free minimum incomes, or arrest for a
term up to six months.
2. A person who refuses to testify against
himself/herself, members of his/her family
or close relatives during an inquiry, pretrial
investigation or in court, shall not be criminally
liable.
Article 386. Preclusion of appearance of
a witness, victim or expert, or compulsion
to testify or give an opinion
Preclusion of appearance of a witness, victim
or expert before a court, pretrial investigation
authorities, ad-hoc investigation commissions
and ad-hoc special commissions of the Verkhovna
Rada of Ukraine, or inquiry authorities, or
compulsion of the above persons to testify
or give an opinion, and also give any knowingly
false testimony or opinion, by threats of
murder, violence, destruction of property
of these persons or their close relatives,
or disclosure of defamatory information about
them, or tampering with a witness, victim
or expert for the same purposes, and also
any threats to commit any such actions as
a revenge for any previously presented testimony
or opinion, -
shall be punishable by a fine of 50 to 300
tax-free minimum incomes, or correctional
labor for a term up to two years, or to arrest
for a term up to six months.
Article 387. Disclosure of information on
pretrial investigation or inquiry
1. Disclosure of information on preliminary
investigation or inquiry by a person who was
notified, in a manner prescribed by law, of
his/her obligation not to disclose any such
information, provided that this disclosure
was not authorized by a prosecutor, investigator,
or a person who conducted inquiry or pretrial
investigation, -
shall be punishable by a fine of 50 to 100
tax-free minimum incomes, or correctional
labor for a term up to two years.
2. Disclosure of information on preliminary
investigation or inquiry by a judge, prosecutor,
investigator, inquiry officer, detective officer,
whether on not this person was directly involved
in such pretrial investigation or inquiry,
where this information defames a person, derogates
his/her honor and dignity, -
shall be punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional
labor for a term up to two years, or arrest
for a term up to six months, with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 388. Concealment of property
Concealment of property which is to be forfeited,
or is under arrest, or has been inventoried,
-
shall be punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional
labor for a term up to two years, or arrest
for a term up to six months, or imprisonment
for a term up to two years.
Article 389. Avoidance of any punishment
other than imprisonment
1. Avoidance of fine or deprivation of the
right to occupy certain positions or engage
in certain activities by a person on whom
it was imposed, -
shall be punishable by correctional labor
for a term up to two years, or restraint of
liberty for the same term.
2. Avoidance of community service or correctional
labor by a person on whom it was imposed,
-
shall be punishable by arrest for a term up
to six months, or restraint of liberty for
a term up to three years.
Article 390. Avoidance of restraint of liberty
or imprisonment
1. Unauthorized leaving of the place of restraint
of liberty, or persistent avoidance of work,
or systematic violation of public order or
established rules of residency, by a person
sentenced to restraint of liberty, -
shall be punishable by imprisonment for a
term up to three years.
2. Failure of a person sentenced to restraint
of liberty, who was allowed to leave for a
short period of time, to return to the place
of serving the sentence by the end of the
leave period, -
shall be punishable by restraint of liberty
for a term up to two years, or imprisonment
for the same term.
3. Failure of a person sentenced to imprisonment,
who was allowed to leave for a short period
of time, to return to the place of serving
the sentence by the end of the leave period,
-
shall be punishable by imprisonment for a
term up to three years.
Article 391. Persistent disobedience to
authorities of a correctional institution
Persistent disobedience to lawful requirements
of authorities of a correctional institution,
or any other resistance to lawful actions
of such authorities in discharge of their
functions, by a person who serves a sentence
of restraint of liberty or imprisonment, where
that person had been penalized for his/her
misconduct by placement in a separate cell
or a more restricted regime of service within
one year,
shall be punishable by imprisonment for a
term up to three years.
Article 392. Disorganization of activity
of correctional institutions
Terrorization of inmates or attacks on the
authorities of correctional institutions,
and also creation of an organized group for
any such purposes or active participation
in that group, by persons who serve their
sentence of imprisonment or restraint of liberty,
-
shall be punishable by imprisonment for a
term of five to ten years.
Article 393. Escape from a penitentiary
institution or custody
1. Escape from a penitentiary institution
or custody by a person who serves his/her
sentence of imprisonment or arrest, or who
is under pretrial detention, -
shall be punishable by imprisonment for a
term of three to five years.
2. The same actions, if repeated, or committed
by a group of persons upon their prior conspiracy,
or by a method dangerous to lives and health
of other persons, or accompanied with capturing
or use of weapons, or violence, or threats
of violence, or undermining, and also with
endamagement of technical security facilities,
-
shall be punishable by imprisonment for a
term of five to eight years.
Article 394. Escape from a specialized treatment
facility
Escape from a specialized treatment facility,
or on the way to it, -
shall be punishable by arrest for a term up
to six months, or imprisonment for a term
up to two years.
Article 395. Violation of rules related
to administrative supervision
Unauthorized leaving of a place of residence
by a person for the purpose of avoidance of
administrative supervision, and also ungrounded
failure of a person, who was placed under
administrative supervision after release from
a penitentiary institution, to arrive at the
appointed time to the determined place of
residence, -
shall be punishable by arrest for a term up
to six months.
Article 396. Concealment of a criminal offense
1. Unpromised concealment of a grave or special
grave criminal offense, -
shall be punishable by arrest for a term up
to three months, or restraint of liberty for
a term up to three years, or imprisonment
for the same term.
2. Family members or close relatives of an
offender, as determined by law, shall not
be subject to criminal liability for unpromised
concealment of a criminal offense.
Article 397. Interference with activity of
a defense attorney or legal agent
1. Any interference with lawful activity of
a defense attorney or legal agent, or violation
of legal guaranties of their activity and
professional secrets, -
shall be punishable by a fine of 100 to 200
tax-free minimum incomes, or correctional
labor for a term up to two years, or arrest
for a term up to six months, or restraint
of liberty for a term up to three years.
2. The same actions committed by a person
through abuse of office, -
shall be punishable by a fine of 300 to 500
tax-free minimum incomes, or restraint of
liberty for a term up to three years, with
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
Article 398. Threats or violence against
a defense attorney or legal agent
1. Threats of murder, violence, destruction
or impairment of property made in respect
of a defense attorney or legal agent, and
also their close relatives, in connection
with their legal assistance, -
shall be punishable by arrest for a term up
to six months, or restraint of liberty for
a term up to three years, or imprisonment
for the same term.
2. Willful battery of, or infliction of minor
or medium grave bodily injury on a defense
attorney or legal agent or heir close relatives,
in connection with their legal assistance,
-
shall be punishable by restraint of liberty
for a term of three to five years, or imprisonment
for the same term.
3. Willful infliction of grave bodily injury
on the same persons, in connection with their
legal assistance, -
shall be punishable by imprisonment for a
term of seven to twelve years.
Article 399. Willful destruction or impairment
of property owned by a defense attorney or
legal agent
1. Willful destruction or impairment of property
owned by a defense attorney or legal agent
or their close relatives, in connection with
their legal assistance, -
shall be punishable by a fine of 50 to 100
tax-free minimum incomes, or arrest for a
term up to six months, or restraint of liberty
for a term up to three years, or imprisonment
for the same term.
2. The same actions committed by setting fire,
explosion, or any other generally dangerous
method, or where they caused damages in especially
gross amount, -
shall be punishable by imprisonment for a
term of five to eight years.
2. Any such actions as provided for by paragraph
1 or 2 of this Article, if they caused death
of people, grave bodily injuries or any other
grave consequences, -
shall be punishable by imprisonment for a
term of eight to fifteen years.
Article 400. Trespass against life of a
defense attorney or legal agent in connection
with their activity related to the administration
of justice
Murder or attempted murder of a defense attorney
or legal agent or their close relatives, in
connection with their legal assistance, -
shall be punishable by imprisonment for a
term of eight to fifteen years, or life imprisonment.
