During the war – no leniency: how Ukraine toughened penalties for theft and robbery

Under martial law in Ukraine, criminal liability for property crimes has increased significantly. What previously could have resulted in a fine or suspended sentence is now classified as a serious crime with a real term of imprisonment.

Tougher legal norms

The changes to the Criminal Code provide that theft committed under martial law falls under Part 4 of Article 185. The sanction of the article is imprisonment for a term of 5 to 8 years. This means that even for the theft of inexpensive goods, the court does not have the right to impose a milder sentence than that provided for by law.

The situation is similar with robbery. If earlier the sentence depended on the circumstances and could be more flexible, today an open crime against property is punishable by 7 to 10 years in prison.

What is the difference between theft and robbery

Lawyers emphasize: the key difference lies in the method of committing the crime.

Theft is the secret theft of property.
Robbery is the open appropriation of someone else’s property.

It is important that if a person is caught during the theft, but does not stop his actions, the crime is automatically reclassified as robbery, which significantly increases the punishment.

Is a suspended sentence possible

In the case of theft, the court can apply exemption from serving a sentence with probation – but only under certain conditions. At the same time, for robbery, such an opportunity is practically absent, since the minimum term exceeds the limit set by law for a “suspended” sentence.

Why the punishments have become stricter

The increased responsibility is explained by the need to maintain law and order in wartime. The state seeks to prevent looting and any crimes that can destabilize the situation in the rear.

Lawyers emphasize: strict sentences are not a judicial initiative, but a direct requirement of legislation passed by parliament during the war.