Subject of Dispute: Termination of Criminal Proceedings against a Person Accused of Theft of Property during Martial Law
The main arguments of the court are that the courts of previous instances incorrectly terminated the criminal proceedings without considering the possibility of reclassifying the defendant’s actions under Article 162 of the Criminal Code of Ukraine (illegal entry into housing), since the value of the stolen property does not exceed two non-taxable minimum incomes of citizens. The court also noted that the ruling on the termination of criminal proceedings can be appealed separately from the verdict, and the appellate court improperly verified the prosecutor’s arguments.
The Supreme Court decided to cancel the rulings of the first and appellate instance courts and assign a new review of the case in the court of first instance.
