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Criminal Code of Ukraine – safety of journalists

*I.                   **Criminal Code of Ukraine*

*Article 163. Violation of privacy of correspondence, telephone conversations, telegraph and other correspondence transmitted by means of communication or via computers*

1. Violation of privacy of correspondence, telephone conversations, telegraph and other correspondence transmitted by means of communication or via computers,

shall be punishable by a fine in the amount of 50 to 100 tax-free minimum incomes of citizens, or by correctional labour for up to 2 years, or by restraint of liberty for up to 3 years.

2. The same actions repeated or committed against state or public figures, a journalist, or committed by an official or by use of special means for disclosed reading of information, shall be punishable by deprivation of liberty for the term of 3 to 7 years.

/(Article 163 with amendments introduced according to the Law № 993–VIII of 04 February 2016).///

*Article 171. Impeding lawful professional activity of journalists*

1. Illegal seizure of the materials collected, processed, prepared by a journalist and technical means which he/she uses with regard to his/her professional activity; illegal denial to provide access to information for a journalist; illegal prohibition of covering certain topics, portrayal of certain persons, criticizing governmental authorities as well as any other intentional impediment to perform lawful professional activity of a journalist

shall be punishable by a fine in the amount of up to 50 tax-free minimum incomes of citizens, or by arrest for up to 6 months, or by limitation of liberty for up to 3 years.

2. Any form of influence on a journalist aiming at impeding the performance of his/her professional duties or persecution of a journalist with regard to his/her lawful professional activity

shall be punishable by a fine in the amount of  up to 200 tax-free minimum incomes of citizens, or by arrest for up to 6 months, or by limitation of liberty for up to 4 years.


3. The actions envisaged in the part two of this article in case when they are committed by an official using his/her official position or upon preliminary conspiracy by group of persons

shall be punishable by a fine in the amount of 200 to 500 tax-free minimum incomes of citizens, or by limitation of liberty for up to 5 years with the deprivation of the right to occupy certain positions or being engaged in certain activity for up to 3 years or without the above mentioned.


*Article 345-1. Threats or violence against journalist*

1. Threat of murder, violence, destruction or damage to property made against a journalist, his/her close relatives or family members due to performance by this journalist of his/her lawful professional activity

shall be punishable by correctional labour for up to 2 years, or by arrest for up to 6 months, or by limitation of liberty for up to 3 years, or by deprivation of liberty for up to 3 years.

2. Intentional infliction of battery or minor or medium grave bodily injuries on a journalist or his/her close relatives or family members due to performance by this journalist of his/her lawful professional activity

shall be punishable by limitation of liberty for up to 5 years, or by deprivation of liberty for the same term.

3. Intentional infliction of grave bodily injuries on a journalist or his/her close relatives or family members, due to performance by this journalist of his/her lawful professional activity

shall be punishable by deprivation of liberty for the term of 5 to 12 years.

4. The actions as envisaged in parts 1, 2 or 3 of this Article, if committed by an organised group,

shall be punishable by deprivation of liberty for the term of 7 to 14 years.

Note. Professional activity of a journalist shall be defined in this article and in the articles 171, 347.1, 348-1 of this Code as a person’s systematic activity related to collection, receipt, creation, dissemination, storage or other use of information aiming at its dissemination among indefinite range of persons through print mass media, television and radio organisations, information agencies, Internet. Status of a journalist or his/her affiliation with the mass media outlet shall be confirmed by editorial or official identity card or other document issued by the mass media, its editorial office, professional or creative union of journalists.

/{The article 345-1 was added to the Code according to the Law No. 421-VIII of 14 May 2015} /

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*Article 347-1. Intentional destruction or damage to property of a journalist*

1. Causing intentional destruction or damage to the property that belongs to a journalist, his/her close relatives or family members due to performance by this journalist of his/her lawful professional activity

shall be punishable by a fine in the amount of 50 to 200 tax-free minimum incomes of citizens, or by arrest for up to 6 months, or by limitation of liberty for up to 5 years.


2. The same actions, committed by arson, explosion or in other generally dangerous way, or when they caused death of persons or other grave consequences

shall be punishable by deprivation of liberty for the term of 6 to 15 years.

(/The article 347-1 was added to the Code according to the Law No. 421-VIII of 14 May 2015)/


*Article 348-1. Infringement on the life of a journalist*

Murder or attempt of murder of a journalist, his/her close relatives or family members due to performance by this journalist of his/her lawful professional activity

shall be punishable by deprivation of liberty for a term of 9 to 15
years or by life imprisonment.

/{The article 348-1 was added to the Code according to the Law No. 421-VIII of 14 May 2015} /


*Article 349-1. Taking journalist hostage *

Taking or holding a journalist, his/her  close relatives or family members hostage for the purpose of making such journalist to carry out or refrain from any actions as a condition for release of the hostage shall be punishable by deprivation of liberty for a term of 8 to 15 years.

/{Article 349-1 was added to the Code according to the Law No. 421-VIII of 14 May 2015} /

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*Article 375. Delivery of knowingly unjust verdict, judgment, ruling or order by a judge (or judges)*

1. Delivery of knowingly unjust verdict, judgment, ruling or order by a judge (or judges)

shall be punishable by limitation of liberty for up to 5 years, or by deprivation of liberty for a term of 2 to 5 years.

2. The same actions, which caused grave consequences or committed out of mercenary motives, in other private interests or for the purpose of impeding lawful professional activity of a journalist

shall be punishable by the deprivation of liberty for a term of 5 to 8 years.

/(Article 375 with amendments introduced according to the Law No.421-VIII of 14 May 2015)./

 

translated by Office of the Council in Europe in Kyiv.

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