Initiation of a criminal case under Article 176 of the Criminal Code of Ukraine
When to apply?
In cases of illicit reproduction, distribution of works of science, literature and art, computer programs and databases as well as illegal reproduction, distribution of performances, phonograms, video grams and broadcast programs, their illegal replication and distribution on audio and video cassettes, floppy disks, other media, camcording, card sharing or other intentional violations of copyright and related rights, as well as the financing of such actions. When the damage amounts to more than UAH 16,000, remember that you might have to prove the violation in court.
What types of violations are covered?
Reproduction, distribution, replication of copyright and/or related rights objects, camcording, card sharing and other intentional violations of property rights, as well as financing of piracy.
What can be achieved?
Up to six years’ imprisonment, with forfeiture of the right to occupy certain positions or engage in certain activities for a term of up to three years.
What should be done?
- Contact the offender (if possible) about the facts detected of illegal use of the intellectual property;
- record the violation in a way that is recognized by the court (involving third parties with special expertise and experience);
- prepare and file an appropriate criminal offense statement to the national police body of Ukraine;
- prove that the damage that incurred is more than uah 16000. Only in this case will the violation be classified as a criminal offense;
- personally and/or with the participation of a lawyer take an active part in the pre-trial investigation and trial proceedings.