Subject of Dispute: Criminal Proceedings Regarding an Unfinished Attempt at Covert Theft of Another’s Property, Committed by Entering a Premises.
Main Arguments of the Court: The court decided to reclassify the person’s actions from theft to illegal entry into a dwelling due to changes in legislation that came into effect on August 9, 2024. In particular, criminal liability for theft now only occurs if the value of the stolen property exceeds 2 non-taxable minimum incomes of citizens (over 2,102 UAH). In this case, the value of the stolen property was 1,802.15 UAH, therefore the act falls under administrative, rather than criminal offense.
Court Decision: Reclassify the person’s actions from Part 3 of Article 15, Part 3 of Article 185 of the Criminal Code to Part 1 of Article 162 of the Criminal Code (illegal entry into a dwelling) and impose a punishment of restriction of liberty for a term of 2 years.
