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Criminal offenses against lawyers: analysis of types
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This article is devoted to a comprehensive analysis of various types of criminal offenses that may be committed against lawyers in connection with their professional activities in providing legal assistance. By analysing the status of a lawyer as a victim according to Article 397 of the Criminal Code of Ukraine, the article suggests focusing on two main aspects. Firstly, the issue of interference with the activities of a defender or representative of a person is thoroughly examined, with the concluding remark that one of the key guarantees of a lawyer’s activity is the establishment of criminal liability for interfering with the work of these subjects of human rights protection. The object, objective, and subjective sides of this criminal offense are analysed, as well as the sanctions provided for its commission. Secondly, the threat or violence against a defender or representative of a person using Article 398 of the Criminal Code of Ukraine as the main instrument to ensure the safety of defenders and representatives during the provision of legal assistance is discussed. The elements of this offense and the sanctions imposed in case of its commission are described.
The article also thoroughly examines Article 399 of the Criminal Code of Ukraine, “Intentional Destruction or Damage to the Property ofa Defender or Representative of a Person.” The objective and subjective sides of the criminal offense are analysed, along with qualifying features. Special emphasis is placed on the manifestations of the objective side - destruction or damage to the property of a defender, representative of a person, or their close relatives. Sanctions for such actions include fines, probation, restrictions, or deprivation of liberty depending on the severity of the consequences.
Furthermore, Article 400 of the Criminal Code of Ukraine, “Attack on the Life of a Defender or Representative of a Person in Connection with Activities Related to the Provision of Legal Assistance,” is studied separately. The composition of the crime, which consists of murder or attempted murder of a defender, representative, or their close relatives due to professional activities, is analysed.
Title: Criminal offenses against lawyers: analysis of types
Description:
This article is devoted to a comprehensive analysis of various types of criminal offenses that may be committed against lawyers in connection with their professional activities in providing legal assistance.
By analysing the status of a lawyer as a victim according to Article 397 of the Criminal Code of Ukraine, the article suggests focusing on two main aspects.
Firstly, the issue of interference with the activities of a defender or representative of a person is thoroughly examined, with the concluding remark that one of the key guarantees of a lawyer’s activity is the establishment of criminal liability for interfering with the work of these subjects of human rights protection.
The object, objective, and subjective sides of this criminal offense are analysed, as well as the sanctions provided for its commission.
Secondly, the threat or violence against a defender or representative of a person using Article 398 of the Criminal Code of Ukraine as the main instrument to ensure the safety of defenders and representatives during the provision of legal assistance is discussed.
The elements of this offense and the sanctions imposed in case of its commission are described.
The article also thoroughly examines Article 399 of the Criminal Code of Ukraine, “Intentional Destruction or Damage to the Property ofa Defender or Representative of a Person.
” The objective and subjective sides of the criminal offense are analysed, along with qualifying features.
Special emphasis is placed on the manifestations of the objective side - destruction or damage to the property of a defender, representative of a person, or their close relatives.
Sanctions for such actions include fines, probation, restrictions, or deprivation of liberty depending on the severity of the consequences.
Furthermore, Article 400 of the Criminal Code of Ukraine, “Attack on the Life of a Defender or Representative of a Person in Connection with Activities Related to the Provision of Legal Assistance,” is studied separately.
The composition of the crime, which consists of murder or attempted murder of a defender, representative, or their close relatives due to professional activities, is analysed.
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