Particularly serious crime: what it is, examples from the Criminal Code and consequences

A particularly serious crime is the highest category of crimes by severity in the Criminal Code of Ukraine (CC). All the categories are covered in the article on the classification of crimes by severity, and serious crimes in the article “Serious Crimes and Their Consequences”.

What the law considers a particularly serious crime

Under Article 12(6) of the Criminal Code of Ukraine, a particularly serious crime is an act for which the Code provides a principal punishment in the form of:

• a fine of more than 25,000 non-taxable minimum incomes of citizens (NTMI);
• imprisonment for a term of more than ten years;
• life imprisonment.

The category is determined by the punishment provided by the sanction of the article (part of the article), not by the one the court imposed on a specific person. If the sanction provides for both a fine and imprisonment at the same time, the category is determined by the term of imprisonment (Article 12(7) of the CC).

The boundary with a serious crime

A serious crime is one for which imprisonment of not more than ten years or a fine of not more than 25,000 NTMI is provided (Article 12(5) of the CC), and a minor crime — imprisonment of not more than five years or a fine of not more than 10,000 NTMI (Article 12(4) of the CC). The upper limit of the sanction decides: more than five and up to ten years inclusive — serious, more than ten — particularly serious.

Therefore, the category depends on the part of the article, not on the name of the crime. Robbery by a group of persons by prior conspiracy is punishable by imprisonment from seven to ten years — this is a serious crime. Robbery with entry into a dwelling is punishable by seven to twelve years — and this is already a particularly serious crime (Article 187(2) and (3) of the CC).

Examples from the Criminal Code

Crimes that are particularly serious under the current sanctions:

• intentional homicide — from seven to fifteen years of imprisonment (Article 115(1) of the CC), and with the aggravating features of part two — from ten to fifteen years or life imprisonment;
• high treason — from twelve to fifteen years, under martial law — fifteen years or life imprisonment (Article 111 of the CC);
• rape committed by a group of persons, or rape of a juvenile — from seven to twelve years (Article 152(3) of the CC);
• robbery aimed at taking possession of property on a large or particularly large scale, or committed by an organised group or under martial law or a state of emergency, or combined with causing grievous bodily harm — from eight to fifteen years (Article 187(4) of the CC);
• fraud on a particularly large scale or by an organised group — from five to twelve years (Article 190(5) of the CC);
• accepting an offer or promise of, or receiving, an undue advantage in a particularly large amount, or by an official holding a particularly responsible position — from eight to twelve years (Article 368(4) of the CC).

Classification as particularly serious does not mean that the punishment will necessarily exceed ten years: the court imposes it within the limits of the sanction, taking into account the degree of severity, the personality of the offender, and mitigating and aggravating circumstances (Article 65(1) of the CC).

What the “particularly serious” category changes

Statute of limitations

A person is released from criminal liability if fifteen years have passed from the day a particularly serious crime was committed until the judgment enters into legal force; for a serious crime — ten years (Article 49(1)(4) and (5) of the CC). The limitation period is suspended if the person evaded the pre-trial investigation or trial, but even then the person is released from liability if fifteen years have passed since the offence was committed (Article 49(2) of the CC). The period is interrupted if, before its expiry, the person committed a new crime, other than a minor crime punishable by imprisonment of up to two years (Article 49(3) of the CC). For certain offences against young children and juveniles (Articles 151-2–156-1, 301-1–303 of the CC), in particular rape of a juvenile, the period is counted from the day the victim reached the age of majority (Article 49(6) of the CC).

If life imprisonment is possible for a crime, the statute of limitations does not operate automatically: the court decides the question, and if the court does not apply the statute of limitations, life imprisonment cannot be imposed (Article 49(4) of the CC). For certain offences, in particular high treason, there is no statute of limitations regardless of the category (Article 49(5) of the CC).

Punishment

The law provides for life imprisonment only for particularly serious crimes and only where the sanction expressly provides for it, if the court does not consider it possible to impose imprisonment for a specified term. It is not imposed on persons who committed a crime before the age of 18, on persons over 65, or on women who were pregnant at the time of committing the crime or at the time of the judgment (Article 64 of the CC). It is also not imposed for preparation for a crime or an attempt to commit it, except for separately listed crimes, in particular high treason (Article 68(4) of the CC).

Release from serving a sentence on probation is possible, in particular, when the court imposes imprisonment of not more than five years; the exceptions are listed in the same provision (Article 75(1) of the CC). The limit relates to the punishment imposed, not to the sanction. For corruption proceedings there is a separate rule: if a plea agreement provides for imprisonment of not more than eight years and release on probation, the court, in approving the agreement, releases the person on probation (the second paragraph of Article 75(2) of the CC). For more, see the article on conditional punishment.

After the judgment

Conditional early release for an intentional particularly serious crime is possible after actually serving not less than three quarters of the term of punishment; for a negligent particularly serious crime, as for an intentional serious crime — not less than two thirds (Article 81(3)(2) and (3) of the CC).

A person convicted of a particularly serious crime and sentenced to imprisonment or a fine is deemed to have no criminal record if, within eight years from the day the principal and additional punishment was served, the person does not commit a new criminal offence; for a serious crime — six years (points 8 and 9 of Article 89 of the CC). After release on probation, a person is deemed to have no criminal record if during the probation period the person did not commit a new criminal offence and the release was not revoked; and if the term of the additional punishment is longer than the probation period — after that additional punishment has been served (point 1 of Article 89 of the CC). The early removal of a criminal record through the court is not possible if the particularly serious crime is intentional (Article 91(2) of the CC). For more, see the article on the expungement and removal of a criminal record.

The periods of the statute of limitations, conditional early release and expungement of a criminal record given above are for adults. For those who committed a particularly serious crime before the age of 18, the statute of limitations is ten years (Article 106(2)(4) of the CC), conditional early release for an intentional crime — after two thirds of the term (Article 107(3)(3) of the CC), expungement of a criminal record — five years from the day the imprisonment was served, and the court may remove it early after half of this period (Article 108(2)(4) and Article 108(3) of the CC).

Investigation and trial

In criminal proceedings concerning a particularly serious crime, the participation of defence counsel is mandatory from the moment the person acquired the status of a suspect (Article 52(1) of the Criminal Procedure Code of Ukraine (CPC)).

Bail for a suspect or accused of a particularly serious crime is set within the range of 80 to 300 subsistence minimums for able-bodied persons, and in exceptional cases — more (Article 182(5) of the CPC). For details, see the article “Bail in Criminal Proceedings”.

At first instance, a case concerning a crime punishable by imprisonment of more than ten years is heard, at the request of the accused, by a panel of three judges (Article 31(2)(1) of the CPC), and if the sanction provides for life imprisonment — by a panel of three judges or, at the request of the accused, by a jury (Article 31(3) of the CPC).

If the suspicion is of this kind

The written notice of suspicion must state the article and the part of the article of the CC (Article 277(1)(5) of the CPC). It is precisely by the part of the article that the category is determined. For help from defence counsel, see the page “Criminal Law”.

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