Serious Crimes and Their Consequences: What You Need to Know About One of the Key Categories of the Criminal Code of Ukraine

“Serious crime” is not an assessment of how high-profile a case is, but a legal category with specific consequences: the statute of limitations, the possibility of an agreement, the limits of bail, conditional early release and the expungement of a criminal record all depend on it. The strictest category is covered separately — in the article on particularly serious crimes.

When a crime is considered serious

A serious crime is a crime for which the Criminal Code of Ukraine (CC) provides a principal punishment in the form of a fine of not more than twenty-five thousand non-taxable minimum incomes of citizens (NTMI) or imprisonment for a term of not more than ten years (Article 12(5) of the CC). If the sanction provides for both a fine and imprisonment, the category is determined by the term of imprisonment (Article 12(7) of the CC). What matters is the sanction, not the punishment the court will impose, and the sanction may contain no imprisonment at all: tax evasion on a large scale is a serious crime, although the principal punishment for it is only a fine of ten to fifteen thousand NTMI (Article 212(2) of the CC). How to determine the category of a specific article is explained in the material on the classification of crimes by severity.

Statute of limitations: how long a person can be held liable

For a serious crime, a person is released from criminal liability if ten years have passed from the day of the crime until the judgment enters into legal force (Article 49(1)(4) of the CC). If the person evaded the investigation or trial, the running of the limitation period is suspended; in that case, release is possible if fifteen years have passed since the crime (Article 49(2) of the CC). For certain crimes, in particular those against the foundations of the national security of Ukraine, the statute of limitations does not apply at all (Article 49(5) of the CC).

Release from liability and agreements

Active repentance (Article 45 of the CC), reconciliation with the victim (Article 46 of the CC), transfer on surety (Article 47 of the CC) and change of circumstances (Article 48 of the CC) are grounds for release from criminal liability only for a person who committed a criminal misdemeanour or a minor crime for the first time, and for repentance and reconciliation — only a negligent minor crime. They do not apply to a serious crime. The statute of limitations and special grounds from individual articles of the Special Part of the CC do apply. For example, for tax evasion a person is released from liability if the taxes were paid before the person was brought to liability and the damage to the state was compensated (Article 212(4) of the CC).

The law allows a reconciliation agreement between the victim and the suspect or accused in proceedings concerning criminal misdemeanours and minor crimes, and in proceedings in the form of private prosecution (Article 469(3) of the Criminal Procedure Code of Ukraine (CPC)). A plea agreement with the prosecutor in respect of a serious crime can be concluded (Article 469(4)(1) of the CPC) if the harm was caused only to state or public interests. If, however, victims take part in the proceedings — only with the written consent of all the victims (Article 469(4) of the CPC). Separate conditions apply to corruption offences (Article 469(4)(2) and (2-1) of the CPC).

Investigation and preventive measures

The total period of the pre-trial investigation, including extensions, may not exceed twelve months from the day the notice of suspicion of a serious crime is given; for a minor crime — six months (Article 219(4) of the CPC).

Bail for a suspect or accused of a serious crime is set within the range of twenty to eighty subsistence minimums for able-bodied persons (Article 182(5)(2) of the CPC). In exceptional cases, the court may set a larger amount if bail within these limits will not ensure the performance of the obligations (the fifth paragraph of Article 182(5) of the CPC). For details, see the article on bail in criminal proceedings.

Detention in custody is an exceptional preventive measure: it is applied only if the prosecutor proves that no milder measure will prevent the risks, except in cases directly named in the law (Article 183(1) of the CPC). Such an exception applies during martial law: for suspects or accused of the crimes listed in Article 176(6) of the CPC, among them crimes against the foundations of national security, detention in custody specifically is applied where risks exist.

For a person with no previous criminal record, the law allows detention in custody if the crime carries imprisonment for a term of more than five years (Article 183(2)(4) of the CPC). If the sanction for a serious crime includes imprisonment, this condition is met: with a sanction of up to five years, the crime would be minor (Article 12(4) of the CC). But the category alone does not determine detention in custody. If, however, the principal punishment is only a fine, as for tax evasion on a large scale, detention in custody is possible only when the prosecutor proves that the person failed to perform the obligations under a previously chosen preventive measure or did not pay bail (Article 183(2)(1) of the CPC). The aggregate period of detention in custody during the pre-trial investigation in proceedings concerning a serious crime is not more than twelve months, and concerning a minor crime — six months (Article 197(3) of the CPC). How the court chooses a preventive measure is covered in the material on preventive measures and house arrest.

Punishment and serving it

A person convicted of a serious crime may be deprived by the court of a military or special title, rank, grade or qualification class (Article 54 of the CC), and for a serious crime committed for gain the court may impose confiscation of property only if it is provided for by an article of the Special Part of the CC (Article 59(2) of the CC).

The category does not rule out release from serving a sentence on probation: the court may apply it if it has imposed imprisonment for a term of not more than five years and has concluded that the person can reform without serving the punishment; the exceptions are certain offences, in particular corruption offences (Article 75(1) of the CC). For more, see the article on conditional punishment.

Conditional early release is possible if the convicted person has proved their reform by conscientious behaviour and attitude to work. For an intentional serious crime, this requires actually serving not less than two thirds of the term, and for a negligent serious crime — not less than half. There are exceptions: in particular, for a violation of road traffic rules in a state of intoxication — two thirds (Article 81(2) and (3) of the CC). The unserved part of a punishment may be replaced with a milder one after serving not less than half of the term for an intentional serious crime and, as a general rule, not less than one third — for a negligent one (Article 82(4) of the CC).

Criminal record after a serious crime

After imprisonment or a principal punishment in the form of a fine for a serious crime, a person is deemed to have no criminal record if, within six years from the day the punishment — principal and additional — was served, the person does not commit a new criminal offence (point 8 of Article 89 of the CC). After release from serving a sentence on probation — at the end of the probation period, if no new offence was committed during it and the release was not revoked (point 1 of Article 89 of the CC; for details, see the article on conditional criminal record). The removal of a criminal record early through the court is not possible upon conviction for an intentional serious crime. For a negligent one it is possible, if the person has served a punishment of restriction of liberty or imprisonment and has proved their reform by exemplary behaviour and a conscientious attitude to work, but not before half of the expungement period has passed (Article 91(1)–(3) of the CC).

The periods stated above for the statute of limitations, conditional early release, and the expungement and removal of a criminal record are for adults; for those who committed a crime before the age of 18, Articles 106–108 of the CC apply. Thus, after imprisonment for a serious crime committed before the age of 18, the criminal record is expunged after three years without a new criminal offence, and the court may remove it early after half of this period (Article 108(2)(3) and Article 108(3) of the CC). For details, see the material on the expungement and removal of a criminal record.

Which of these consequences will arise depends on the legal qualification: the article, its part, the form of guilt. What an attorney at the pre-trial investigation stage helps with is described on our service page.

The provisions are cited as currently in force as of 13 October 2026.