Classification of crimes by degree of severity: four categories and how to determine the severity of a crime

The Criminal Code of Ukraine (CC) divides criminal offences into categories by severity. Among other things, the statute of limitations and the expungement of a criminal record depend on the category. Below are the four categories, the criterion, and how to determine the category of a specific article. What the “serious” category entails is explained in the article on serious crimes and their consequences, and the strictest category is covered in the article on particularly serious crimes.

Criminal misdemeanours and crimes

Criminal offences are divided into criminal misdemeanours and crimes (Article 12(1) of the CC), and crimes are divided into minor, serious and particularly serious (Article 12(3) of the CC). Together, these are four categories.

A criminal misdemeanour is an act provided for specifically by the Criminal Code (Article 12(2) of the CC). It should not be confused with an administrative offence: for example, malicious disobedience to a lawful order or demand of a police officer falls under Article 185 of the Code of Ukraine on Administrative Offences, and it does not belong to the classification in Article 12 of the CC.

Four categories under Article 12 of the CC

The category is determined by the principal punishment provided for the act. The law states the amount of a fine in non-taxable minimum incomes of citizens (hereinafter — NTMI).

• Criminal misdemeanour — a fine of not more than 3,000 NTMI or another punishment not involving imprisonment (Article 12(2)).
• Minor crime — a fine of not more than 10,000 NTMI or imprisonment for a term of not more than five years (Article 12(4)).
• Serious crime — a fine of not more than 25,000 NTMI or imprisonment for a term of not more than ten years (Article 12(5)).
• Particularly serious crime — a fine of more than 25,000 NTMI, imprisonment for a term of more than ten years, or life imprisonment (Article 12(6)).

Article 12 does not list specific crimes — only the limits of punishment. Therefore, the category is determined by the sanction of the article of the Special Part of the CC, and if the parts have different sanctions, by the sanction of the part under which the act is qualified: the Code separately refers to “sanctions of an article (sanctions of a part of an article)” (Article 52(4) of the CC).

Three rules for how the criterion works

1. What matters is the punishment provided by law, not the one imposed by the court. Article 12 speaks of an act “for the commission of which the principal punishment is provided”, that is, of the sanction. A crime with a sanction of up to eight years of imprisonment is serious, even if the court imposed a milder punishment.
2. Only the principal punishment counts. Confiscation of property is an additional punishment (Article 52(2) of the CC), so the words “with confiscation of property” in a sanction do not change the category.
3. If the sanction includes both a fine and imprisonment, the category is determined by the term of imprisonment (Article 12(7) of the CC). For example, for abuse of authority by an official of a private-law legal entity that caused grave consequences, the sanction provides, among other things, for a fine of 4,000 to 6,000 NTMI or imprisonment from three to six years (Article 364-1(2) of the CC). By the fine alone this would be a minor crime, but the term of six years of imprisonment is what counts — it is a serious crime.

How to determine the category of a specific article

1. Find out the article and part. If a person has been given a notice of suspicion, the notice must contain the legal qualification stating the article (part of an article) of the law on criminal liability (Article 277(1)(5) of the Criminal Procedure Code of Ukraine (CPC)).
2. Find the sanction of the relevant part on zakon.rada.gov.ua — the text after the words “is punished” or “are punished”.
3. Determine the upper limit of the principal punishment: the longest term of imprisonment, and if the sanction does not include imprisonment, the largest fine and other punishments.
4. Compare it with the limits in Article 12 from the list above.
5. Check the date. The punishability and other criminal-law consequences of an act are determined by the law in force at the time the act was committed (Article 4(2) of the CC). A later law that mitigates liability or otherwise improves the person’s position has retroactive effect, while a law that aggravates it does not (Article 5 of the CC). If the sanction has been amended, check the version in force on the date of the act.

Example: one article — four categories

Theft (Article 185 of the CC) shows why the category is determined by the part of an article, and not by the name of the crime. Where the line lies between petty theft under the Code of Ukraine on Administrative Offences and theft under the CC, and what the sanctions are in hryvnias — see the article on petty theft.

• Part 1 — theft without qualifying features: a fine of 1,000 to 3,000 NTMI, community service or corrective labour, probation supervision or restriction of liberty; there is no imprisonment — a criminal misdemeanour.
• Part 2 — committed repeatedly or by a group of persons by prior conspiracy: imprisonment of up to five years — a minor crime.
• Part 3 — with entry into a dwelling, other premises or storage facility, or with significant damage: from three to six years — a serious crime.
• Part 4 — on a large scale or under martial law or a state of emergency: from five to eight years — a serious crime.
• Part 5 — on a particularly large scale or by an organised group: from seven to twelve years — a particularly serious crime. Confiscation here is an additional punishment.

The same applies to fraud: under Article 190(2) of the CC (in particular, repeated fraud, imprisonment of up to three years) it is a minor crime, and under Part 5 (a particularly large scale or an organised group, from five to twelve years) it is a particularly serious crime. Examples from other articles are in the articles on serious crimes and particularly serious crimes.

What the category affects

The statute of limitations depends on the category. For adults, the general rule is as follows: a person is released from criminal liability if the following time has passed from the day of the act until the judgment enters into legal force:

• two years — for a criminal misdemeanour for which a punishment milder than restriction of liberty is provided;
• three years — for a criminal misdemeanour punishable by restriction of liberty or a minor crime punishable by imprisonment of not more than two years;
• five years — for other minor crimes;
• ten years — for a serious crime;
• fifteen years — for a particularly serious crime.

The statute of limitations does not apply to certain offences (Article 49 of the CC).

The periods for the expungement of a criminal record also depend on the category (Article 89 of the CC) — see the article on the expungement and removal of a criminal record for details. For the investigation period, release from liability and conditional early release, see the article on serious crimes and their consequences.

The category alone does not determine detention in custody: what decides it is the term of imprisonment or the amount of the fine in the sanction and a previous criminal record (Article 183(2) of the CPC). Detention in custody is ordered by the investigating judge or the court, not by the police (Article 176(4) of the CPC). For more, see how the court chooses preventive measures.

For help from an attorney in criminal cases, see the service page criminal law.

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