Subject of the dispute – appealing a court verdict regarding theft of property valued at 1,273 hryvnias and 44 kopiykas, committed by breaking into a premises. The court was guided by the fact that after the adoption of Law No. 3886-IX dated 18.07.2024, the threshold value of property for qualifying theft as a criminal offense was raised. Since the value of the stolen property did not exceed the established threshold (2,481 hryvnias in 2022), the defendant’s actions cannot be qualified as theft. At the same time, the fact of illegal entry into the premises provides grounds for qualifying the actions under the article on violation of the inviolability of housing.
The Supreme Court changed the qualification from Part 4 of Article 185 of the Criminal Code (theft) to Part 1 of Article 162 of the Criminal Code (violation of housing inviolability) and imposed a punishment of 3 years of restricted freedom instead of 5 years of imprisonment.
