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Case No. 947/12873/23 dated 05/12/2024

Subject of the dispute – appealing the appellate court’s verdict regarding the conviction of a person for stealing a cable worth 646.80 hryvnias and damaging a telecommunications network. The court was guided by the fact that after the commission of the crime, a new law came into force that decriminalized theft of property worth up to 2 non-taxable minimum incomes of citizens (2,684 hryvnias in 2023). Since the value of the stolen property was less than this amount, the person’s actions are now classified as an administrative offense, not a criminal crime. In this case, the court took into account that the law that mitigates responsibility has a retroactive effect. The Supreme Court partially satisfied the cassation appeal – closed the criminal proceedings regarding the theft, but upheld the verdict for damaging the telecommunications network with a punishment of 2 years of restricted freedom.

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