In Zakarpattia, the head of a Ukrposhta branch lost 170,000 UAH intended for pensions in a casino
The Tyachiv District Court of Zakarpattia region found the acting head of the postal branch guilty of abuse of office (part 1 of article 364 of the Criminal Code of Ukraine). The court established that she illegally used 170,000 UAH intended for the payment of pensions, state social assistance, and housing subsidies to play in an online casino.
Circumstances of the case
As established by the court, in September 2022 the woman worked as the head of the postal branch in the village of Kryva and simultaneously performed the duties of the head of the branch in the village of Hrushovo. She was materially responsible and accountable for the safekeeping of cash received for the payment of pensions, state social assistance, and other social benefits.
On September 10, 2022, an insured bag containing 666,881 UAH was delivered to the branch. Of this amount, 228,472 UAH were intended for pension payments, 431,406 UAH for state social assistance payments, and 7,003 UAH for housing subsidies.
According to the court's conclusion, abusing her official position and having unrestricted access to cash, the woman illegally used 170,000 UAH for her own needs. At the same time, the indictment, with which the court agreed, stated that she used these funds without the intent to appropriate them. Therefore, her actions were qualified under part 1 of article 364 of the Criminal Code of Ukraine as abuse of office.
What the accused explained
In court, the accused fully admitted guilt.
She explained that she transferred official funds to her personal bank cards through Ukrposhta payment terminals and later returned the cash to the cash desk. According to her, she used this money to play in an online casino.
The woman reported that she was addicted to gambling. Between September 1 and 10, 2022, she lost approximately 170,000–180,000 UAH and then decided to take 170,000 UAH from the insured bag, hoping to borrow the necessary amount and return it the next day. However, she did not manage to do so because the police were called after the shortage was discovered. In court, she sincerely repented and asked not to punish her harshly.
What evidence the court examined
The verdict is based not only on the admission of guilt.
The court examined the testimonies of three postwomen who worked at the branch. They confirmed that after the delivery of the cash-in-transit bag, the head reported a shortage of 170,000 UAH, after which the management was informed about the incident.
The court also examined the protocols of the crime scene inspection, the act on the shortage of 170,000 UAH, cash documents, accompanying letters, bank statements, and information about the movement of funds on the accused's bank accounts, as well as the results of the official investigation by JSC "Ukrposhta." The bank documents confirmed numerous deposits to her personal accounts and subsequent transactions, and the official investigation concluded that the violation was caused by the use of official powers for personal interests and recommended dismissing the employee due to loss of trust.
At the same time, the case materials indicate that on September 12, 2022, the accused returned 170,000 UAH that were intended for pension payments. The court also noted that no civil claim was filed in the criminal proceedings.
What punishment the court imposed
When imposing the punishment, the court took into account that the accused had no prior convictions, fully admitted guilt, sincerely repented, actively assisted in solving the criminal offense, voluntarily compensated the damages, has two minor children to support, and the probation authority assessed the risk of reoffending as medium.
The court also noted that after the commission of the criminal offense, the legislation changed. If at the time of the event the sanction of part 1 of article 364 of the Criminal Code of Ukraine provided, among other things, arrest, then after the entry into force of amendments to the Criminal Code, probation supervision became a milder form of punishment. Applying the provisions of article 5 of the Criminal Code of Ukraine on the retroactive effect of the law that mitigates criminal liability, the court imposed this type of punishment.
The court found the woman guilty and sentenced her to two years of probation supervision, a fine of 6,800 UAH, and deprived her of the right to hold positions in state or communal enterprises, institutions, and organizations related to the performance of organizational-administrative or administrative-economic functions for two years.
Additionally, the convicted person is obliged to periodically appear for registration with the probation authority, notify about changes in residence, work, or study, not leave Ukraine without the consent of the authorized probation body, and comply with the measures provided by the probation program.
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