In accordance to the Criminal
code of Ukraine Scam falls under Article
# 190:
Article 190. Fraud
1. Taking possession of somebody else's property
or obtaining the property title by deceit
or breach of confidence (fraud), -
shall be punishable by a fine up to 50 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. Fraud, if repeated, or committed by a group
of persons upon their prior conspiracy, or
where it caused a significant damages to the
victim, - shall be punishable by a fine of
50 to 100 tax-free minimum incomes**, or correctional
labor for a term of one to two years, or restraint
of liberty for a term up to five years, or
imprisonment for a term up to three years.
3. Fraud committed in respect of a gross amount
or by unlawful operations involving computerized
equipment, -
shall be punishable by imprisonment for a
term of three to eight years***.
4. Fraud committed in respect of an especially
gross amount, or by an organized group, -
shall be punishable by imprisonment for a
term of eight to fifteen years and forfeiture
of property.
* The Authorities of Ukraine are interested
in replenishment of the treasury of the State.
This way scammer will pay a fine up to 50
tax free minimum income (170.00 USD) if the
court brought in a verdict of guilty.
** As it's mentioned above The Authorities
of Ukraine are interested in replenishment
of the treasury of the State. This way scammer
will pay a fine of 50 to 100 tax-free minimum
incomes (170.00-340.00 USD) if the court brought
in a verdict of guilty.
***Here's justice is more severe. Scammer
can be punishable by imprisonment for a term
of three to eight years. Anyway scammer will
get suspended sentence if the scammer returns
money to the victim, begs victim's pardon
and regrets about his crime.
Scammer can be also discharged from criminal
liability:
Article 44. Legal grounds and procedure for
discharge from criminal liability
1. A person, who committed a criminal offense,
shall be discharged from criminal liability
in cases prescribed by this Code, and also
on the grounds of the Law of Ukraine of amnesty
or an act of pardon.
2. The discharge from criminal liability in
cases prescribed by this Code shall be exercised
exclusively by court. The procedure of discharge
from criminal liability in shall be established
by law.
Article 45. Discharge from criminal liability
in view of effective repentance
A person who has committed a minor criminal
offense for the first time shall be discharged
from criminal liability if, upon committing
that offense, he/she sincerely repented, actively
facilitates the detection of the offense,
and fully compensates the losses or repairs
the damage inflicted.
Article 46. Discharge from criminal liability
in view of reconciliation of the offender
and the victim
A person who has committed a minor criminal
offense for the first time shall be exempt
from criminal liability if he/she reconciled
with the victim and compensated the losses
or repaired the damage inflicted.
Article 47. Discharge from criminal liability
in view of admission by bail
1. A person, who has committed a minor criminal
offense or an offense of medium gravity for
the first time and sincerely repented, may
be discharged from criminal liability for
admission by bail on request of the collective
body of an enterprise, institution or organization
on condition that such person, within one
year of his/her admission by bail, will not
fail the trust of the collective body, avoid
measures of correctional nature or break public
peace.
2. If conditions of the admission by bail
are not satisfied, the person shall be subject
to criminal liability for the offense committed.
Article 48. Discharge from criminal liability
due to a change of situation
A person who has committed a minor criminal
offense or an offense of medium gravity for
the first time may be discharged from criminal
liability if it is found that at the time
of investigation or trial, due to a change
of situation, the act committed by that person
has lost its socially dangerous nature or
that person has ceased to be dangerous to
the public.
Article 49. Discharge from criminal liability
due to limitation period
1. A person shall be discharged from criminal
liability if the following periods have elapsed
from the date of the criminal offense to the
effective date of the judgment:
(1) two years where a minor offense has been
committed and the prescribed punishment is
less severe than the restraint of liberty;
(2) three years where a minor offense has
been committed and the prescribed punishment
is the restraint of liberty or imprisonment;
(3) seven years where an offense of medium
gravity has been committed;
(4) fifteen years where a grave offense has
been committed;
(5) twenty years where a special grave offense
has been committed.
2. The statute of limitations shall be saved
where a person who committed a criminal offense
evaded investigation or trial. In such cases
the running of the statute of limitations
is resumed as of the date of the person's
surrender or apprehension. In this case the
person shall be discharged from liability
if twenty years elapsed after the commission
of the offense.
3. The statute of limitation shall be forfeited
where a person, before the terms specified
in paragraphs (1) and (2) of this Article
have expired, commits another medium grave,
grave or special grave offense. In this case
a limitation period starts on the date on
which such new crime is committed. Each offense
gives rise to its own period of limitation.
4. Where a person has committed a special
grave offense punishable by life imprisonment,
the issue of limitation shall be decided by
a court. Where a court rules out the possibility
to apply a period of limitation, a sentence
of life may not be imposed and is commuted
to an imprisonment for a determinate term.
5. The statute of limitation shall not apply
where any crime against the peace and humanity,
as provided for in Articles 437 through 439,
and paragraph 1 of Article 442 of this Code.
