DISCHARGE FROM CRIMINAL LIABILITY IN VIEW OF RECONCILIATION OF THE OFFENDER AND THE VICTIM FOR CRIMINAL OFFENCES AGAINST PROPERTY IN THE CONDITIONS OF MARTIAL LAW

Abstract

The article analyzes the conditions for discharge from criminal liability in view of reconciliation of the offender and the victim (Article 46 of the Criminal Code of Ukraine) on theft and fraud in the context of supplement in 2022-2023 of Part 4 of Art. 185 and Part 3 of Art. 190 of the Criminal Code of Ukraine a qualifying feature “in the conditions of martial law or a state of emergency”.It is substantiated that theft and fraud should be a single approach to the use of criminal liability in view of reconciliation of the offender and the victim. It is argued that theft and fraud committed without the use of martial law should be qualified as misconduct. And at the legislative level, they should maintain the possibility of criminal liability in view of reconciliation of the offender and the victim. Theft and fraud committed by taking advantage of a martial law must be qualified as crimes, and therefore the use of criminal liability in view of reconciliation of the offender and the victim should be unacceptable.We propose to implement the outlined approach by adjusting the formulation of a qualifying feature “in the conditions of martial law or state of emergency” on “by taking advantage of a martial law or a state of emergency” in Part 4 of Art.Art. 185, Part 3 of Art. 190 of the Criminal Code of Ukraine, as well as to present the disposition of Part 3 of Art. 190 of the Criminal Code of Ukraine in the following wording: “3. Fraud committed by taking advantage of a martial law or a state of emergency -…”.Such formulations take into account the difference in the degree of public danger and the nature of theft and fraud committed by taking advantage of a martial law and without such taking advantage, and provide a more humane and fair system of criminal influence measures for persons who commit theft and fraud.