Subject of Dispute: Prosecutor’s Appeal Against Sentencing of Probation Supervision for Fraud.
Main Arguments of the Court: The court established that at the time of the crime (September 29, 2023), probation supervision was not provided for in the sanction of Article 190 of the Criminal Code of Ukraine. The law introducing this type of punishment came into force on March 28, 2024, that is, after the commission of the crime. Previous courts incorrectly applied the principle of retroactive effect of the law, imposing a more severe type of punishment than existed at the time of the crime.
Court Decision: Amend the verdict and replace probation supervision with community service for 200 hours.
