The Supreme Court explained when the absence of a mercenary motive does not exempt from liability
The United Chamber of the Cassation Criminal Court of the Supreme Court clarified the approach to the qualification of crimes against property, emphasizing that the key factor is the direct intent to unlawfully seize property, not the presence of a mercenary motive. This is stated in case No. 369/11891/22.
In this criminal proceeding, the courts of previous instances acquitted individuals accused of committing a criminal offense under part 4 of article 186 of the Criminal Code of Ukraine due to the absence of a crime in their actions. The courts believed that the mercenary motive was not proven in the accusation of robbery. The prosecutor disagreed with this conclusion and filed a cassation appeal.
Evaluating the mentioned cassation claims, the United Chamber of the Cassation Criminal Court of the Supreme Court indicated that the defining feature of theft or another form of unlawful seizure of property in crimes against property is the desire of the guilty person to establish irreversible actual possession of another's property, which allows them to dispose of it at their own discretion. The motives that guided the person in setting such a goal, as well as the method of disposing of the property after gaining control over it, do not matter for the qualification of the act.
The United Chamber of the Cassation Criminal Court of the Supreme Court concluded that to recognize a person guilty of committing a criminal offense under articles 185, 186, 187 of the Criminal Code of Ukraine and other provisions that provide liability for unlawful seizure of another's property, a mercenary motive is not mandatory. The key is to prove direct intent to unlawfully and irreversibly seize another's property in order to gain the ability to dispose of it at one's own discretion. The motives that prompted the person to such actions do not affect their qualification but may be taken into account when sentencing and applying other provisions of criminal law.
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