What Article 115 of the Criminal Code of Ukraine Provides

Article 115 of the Criminal Code of Ukraine (CCU) establishes criminal liability for intentional homicide. The Criminal Code defines it as the intentional unlawful causing of death to another person. The key word here is “intentional”: the person is aware of the nature of their actions, and the victim’s death is encompassed by their intent.

Therefore, not every case where one person’s actions result in another’s death is automatically qualified under Article 115 CCU. If the death occurred due to negligence or if the person intended to inflict bodily harm but not to take life, the legal qualification may differ. The Supreme Court separately emphasizes that to distinguish such situations, one must establish the direction of intent.

The official text of the Criminal Code of Ukraine: Criminal Code of Ukraine

Part 1 of Article 115 CCU – What It Means

Part 1 of Article 115 CCU covers intentional homicide without qualifying circumstances listed in part two of this article, and without special characteristics provided for in Articles 116-118 of the CCU.

Part one provides for punishment in the form of imprisonment for a term of 7 to 15 years. Since the maximum punishment exceeds ten years of imprisonment, such a crime, according to the classification of the CCU, is considered particularly grave.

In practice, Part 1 of Article 115 CC can be used to qualify intentional killing during a personal conflict, quarrel, fight, due to jealousy or revenge, if there are no circumstances under Part 2 of Article 115 and no grounds for applying special provisions. The mere fact of a quarrel does not exclude liability for intentional homicide.

Part 2 of Article 115 CCU – Murder Under Aggravating Circumstances

Part 2 of Article 115 CCU contains a list of circumstances under which the law provides for harsher liability. The law names 14 such indicators.

They include intentional murder:

• of two or more persons;
• of a minor child or a woman who was knowingly pregnant to the offender;
• of a hostage or abducted person;
• committed with particular cruelty;
• committed by a method dangerous to the lives of many persons;
• for mercenary motives;
• for hooligan motives;
• of a person or their close relative in connection with the performance by this person of official or public duty;
• with the aim of concealing another criminal offense or facilitating its commission;
• combined with rape or sexual violence;
• committed on order;
• committed by prior conspiracy of a group of persons;
• committed by a person who previously committed intentional homicide, except for cases provided by Articles 116-118 of the CCU;
• on grounds of racial, national, or religious intolerance;

If at least one qualifying circumstance is present, Part 2 of Article 115 CCU is applied. If the case’s circumstances correspond to several points simultaneously, several paragraphs of part two may be indicated in the legal qualification.

What Punishment Part 2 of Article 115 CCU Implies

The punishment is significantly harsher: from 10 to 15 years imprisonment or life imprisonment. In cases of murder for mercenary motives, the law also provides for confiscation of property.

At the same time, the investigator or prosecutor does not set the exact term. The sentence is imposed by the court after examining evidence and establishing the guilt of the specific person.

How Intent to Kill is Established

For Article 115 CCU, the mere fact of death is not sufficient. The prosecution must prove that the person’s intent encompassed taking life.

Judicial practice guides courts to assess circumstances comprehensively, including the method of actions, the weapon used, the number and location of injuries, the behavior of participants before and after the event, reasons for cessation of actions, and the nature of relationships between them. The decisive factor is the person’s attitude toward the possibility of death occurring.

That is why one superficially similar situation can receive different legal evaluations depending on the proven intent.

From What Age Does Responsibility Under Article 115 CCU Arise

The general age of criminal responsibility in Ukraine is 16 years. For a number of grave criminal offenses, the law sets a lower age limit.

For intentional homicide provided by Articles 115-117 CCU, criminal responsibility can commence from 14 years.

This does not mean that the same sentencing rules applied to adults are automatically applied to minors. For persons who committed criminal offenses before 18 years of age, the CCU contains separate rules.

Rights of a Person Suspected Under Article 115 CCU

Suspicion under Article 115 CCU does not yet mean that the person is found guilty. Guilt is established by the court, and the criminal procedure must be conducted with respect for procedural guarantees.

A suspect or accused person has, among others, the following rights:

1. To know which criminal offense they are suspected or accused of committing.
2. To have a defender and to communicate confidentially with a lawyer.
3. To say nothing regarding the suspicion and refuse to answer questions.
4. To collect and submit evidence, file motions and objections.
5. To appeal procedural decisions and request verification of the lawfulness of detention.

These guarantees apply regardless of the gravity of the charges brought. For detainees in cases provided for by law, the state ensures a lawyer through the free legal aid system.

Official text of the Criminal Procedure Code of Ukraine: Criminal Procedure Code of Ukraine

What Procedural Duties Arise in Criminal Proceedings

The scope of duties depends on the person’s status and decisions of the investigative judge or court. A suspect must comply with imposed procedural duties and lawful demands of authorized bodies.

If a close relative of the deceased is recognized as a victim, procedural duties defined in the CPC also apply to them:

• to appear upon proper summons or notify in advance about the inability to appear;
• not to obstruct the establishment of circumstances of the criminal offense;
• not to disclose without permission legally protected information obtained during proceedings;

At the same time, the victim has broad procedural rights – to submit evidence and motions, receive information about the proceedings, appeal decisions, and claim compensation for damages caused. If a person died due to a criminal offense, their close relative or family member may obtain victim status, and several such persons upon motion.

Frequently Asked Questions about Article 115 CCU