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proportional liability

Cправа № 149/1596/16-к (Case No. 149/1596/16-к)

The defendant physically attacked and raped the victim. The court of the first instance found the defendant guilty of rape (part 1 of Article 152 of the Criminal Code of Ukraine - after this The Criminal Code) and sentenced him to three years of imprisonment. However, the appellate court released the defendant from serving the sentence and instead imposed a three-year probationary period (Article 75 of the Criminal Code).

Cправа № 243/9975/16-к (Case No. 243/9975/16-к)

The defendant, a boy under the age of 18 (juvenile: 16-18 years), committed lewd acts against a girl under the age of 14 (minor). The first-instance court imposed a punishment of five years imprisonment (Part 2 of Article 156 of the Criminal Code of Ukraine - Criminal Code). However, the court of first instance released the defendant from serving a sentence and instead imposed a probationary period of two years (Articles 75, 104 of the Criminal Code). The Court of Appeal left the decision unchanged.

Cправа № 738/1154/16-к (Case No. 738/1154/16-к)

While intoxicated, the defendant committed lewd acts against a minor (under 14 years old) by forcing her to expose herself and photographing her naked. He also took the photographs, which were recognized as a pornographic product. According to the courts of the first and second instance, the illegal actions qualified as corruption of a minor (Article 156 of the Criminal Code of Ukraine) and the production of child pornography for which he was sentenced to seven years of imprisonment.

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