Changes in legislation, especially in codes, are always a legal event that has a particular role in further legal regulation. Legislation is always being modernized, trying to fill certain problems, to regulate what could not be resolved, and to correct what was not effectively regulated. Therefore, changes appear constantly, of course, it cannot be said about the Criminal Code that this is one of the most changeable normative acts (even if we take the Criminal Procedure Code, there are many more of them), but there are all changes and they need to be reported, so how one way or another it is this branch of law that regulates the most dangerous acts.
Now Criminal Codeabsorbed somechangesto come into effect in 2017. Some of them, by the way, should have worked even earlier, but the Ministry of Justice is considering the issue of their implementation not only from the standpoint of law, but also from the standpoint of the budget, since judicial proceedings and the maintenance of criminals are huge expenses for the state. Therefore, in order for some laws to be enforced, there must be an appropriate budget, but if this law has come into force, then it will be enforced, it does not happen that he committed a crime, and the criminal was not punished due to a lack of budget.
Forced labor
Changes will suffer penalties in the form of forced labor. In the State Duma, there were discussions of a new legal act that will change the Criminal Code in this regard. These changes should start working just with 2017. Now, according to the idea of the law, deprivation of liberty can be replaced by forced labor (of course, under certain conditions, there are different categories of cases depending on the severity of the crime, depending on the degree of public danger, and this, of course, must be taken into account). These norms should still come into force in 2014, but then it did not receive a course of action, since it is still needed necessary resource to implement such permutations, which means you need to prepare everything. Therefore, then this law could not receive proper approval, and only now this issue should be resolved, and changes in Criminal Code Russian Federation come into force.
According to the meaning of the law, in theory, the execution should be something like this: a person who has committed crimes and received punishment in the form of forced labor will be sent to a special correctional center, or rather, to its territory. But on by and large it will be free, that is, there is no imprisonment for the person: he does not sit in a correctional institution (for example, settlement colonies, colonies with strict regimes, prisons, etc.), but can move freely. However, such a punishment may appear as a substitute for serving a sentence when the parole procedure is applied.
While reading one of the editions on the Internet, a certain error was discovered, we are not specialists who make up an expert opinion on various provisions of acts, and we can also interpret them incorrectly, but I would like to voice the error found, since this is a complete lack of professionalism and a lawyer cannot be expressed. So, the editorial says that forced labor will be assigned for "not a serious crime that the offender committed for the first time." The layman will not be able to understand what a non-serious crime is and will not be able to find how to solve this issue, because there is no such concept. The Criminal Code distinguishes between crimes of minor gravity, moderate, heavy and especially heavy. According to the author of that article, most likely they meant crimes of small and medium gravity.
So, here we understand that the categories of crime are minor and moderate. This is logical in the sense that grave and especially grave crimes are of a greater socially dangerous nature, so replacing them with forced labor would somehow not be entirely logical. The Criminal Code already has norms that make it easier for a criminal (if I may say so) in connection with the commission of crimes of small and medium gravity for the first time. Apparently, this experience is not so bad (especially since it has been regulated since time immemorial) and the legislator decided not to reinvent the wheel and introduce the same thing, which, we repeat, is quite logical.
The problem with the resources for implementing this law was incomprehensible (we are not analysts, but we can still express our opinion). In principle, this change will be more or less profitable for the state. So, when deprived of liberty, a person does not bring money to the state in any way, but only spends it, since considerable funds are allocated for the maintenance of convicts. In the case of forced labor, everything is somehow more logical here, since the convict will not only work, but earn money, and at the same time, part of it will be kept in the country's budget. That is, as if the work goes on and the money is received, it is much more useful.
We will return to the issue of forced labor, but in order not to dwell on one change, we will still highlight others.
Illegal migration
Now migrants, before illegally crossing the border of vast Russia, will have to think about it, since there may be punishments for them in accordance with the Criminal Code.
So implying a sanction would mean forced labor, either a fine or imprisonment. It turns out that the commission of this crime, and in general, like any crime, is a completely unpleasant event.
There will also be qualified signs, as in the composition of a group of persons by prior agreement (in principle, without prior agreement it is more difficult to imagine, except that already directly in the process of committing a crime, although even here everything is rather ambiguous). It will also be a qualifying sign when using violence and threats, here the punishment will also be especially severe. For these qualifying signs, the maximum punishment in the form of imprisonment will increase to 6 years.
It is not clear whether it is worth punishing migrants in this way, perhaps this is due to the latter public policy, although this may have been a long-planned change. At the same time, not only those who crossed illegally, but also those who are on the territory of the country or are in transit (also illegally) will fall under the action of the composition. This composition is punishable by a fine of up to 300 thousand rubles. There are also alternatives in the form of corrective, forced or compulsory labor. Speaking about the alternative, we do not mean that the offender will choose it himself, everything will, of course, depend on the decision of the court.
Fraud
Fraud was not bypassed this time either. The changes are not significant and it’s not at all a fact that they will be, so punishments will probably be changed. Fraud and its types are regulated by article 159 of the Criminal Code of the Russian Federation (and 159.1, 159.2, etc., depending on the areas).
Falsification of evidence
Changes will be made to the composition regulated by Article 303 of the Criminal Code of the Russian Federation. Here, if during the proof, various data were falsified that distort reality, then the official will be held liable. The subject, as you understand, is precisely the official.
Now, in theory, at the request of the victim, it will be possible to initiate such cases, with regard to fraud, so here the legislation has gone more towards guaranteeing the rights of participants in criminal proceedings.
Fraud and falsification of evidence were changed rather in judicial practice and on the initiative of the Supreme Court of the Russian Federation, which is quite logical, since they, like no one else, encounter this in practice and have the right to take initiative in the development of laws of the Russian Federation
The aspect is clear that articles on the Internet are one thing, but laws are completely different. Therefore, when reading any article, even this one, always pay attention to the law, sometimes they write complete "nonsense" on the Internet, and with disgusting wording that is never used in jurisprudence. In addition, even if the article is literate, it may become outdated, as the legislation is constantly being modernized. Therefore, despite the fact that the article seems literate, always check the references to the articles separately and independently, the article may have distorted information, and the law is directly what it really is.
On the issue of forced labor
In accordance with Part 1 of Art. 45 of the Criminal Code of the Russian Federation, forced labor is one of the main types of punishment. Article 53.1 of the Criminal Code of the Russian Federation regulates common beginnings its application: forced labor will be used as an alternative to imprisonment in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, for committing a crime of small or medium gravity, or for committing a serious crime for the first time.
Forced labor will be applied to most of the offenses of the Special Part of the Criminal Code of the Russian Federation, with the exception of those offenses for which it would be unfair, such as murder (Article 105 of the Criminal Code of the Russian Federation), intentional infliction of grievous bodily harm (Article 111 of the Criminal Code of the Russian Federation), coercion to remove human organs or tissues for transplantation (Article 120 of the Criminal Code of the Russian Federation), rape (Article 131 of the Criminal Code of the Russian Federation), etc.
We believe that this punishment will be widely applied to a wide range crimes, including the above-mentioned acts related to the illegal handling of material objects of increased danger, since forced labor, by disciplining the convict, seems to be able to contribute to the formation of the habit of complying with the current rules and, thereby, the refusal of the perpetrator to commit new similar and other crimes.
If, having imposed a punishment in the form of deprivation of liberty, the court comes to the conclusion that it is possible to correct the convict without actually serving the sentence in places of deprivation of liberty, he decides to replace the sentence of deprivation of liberty for the convict with forced labor (part 2 of article 53.1 of the Criminal Code of the Russian Federation). If the court imposes a sentence of imprisonment for more than five years, forced labor cannot be applied. This provision is also reflected in the established deadlines for a new type of punishment - forced labor will be imposed for a period of 2 months to 5 years (part 4 of article 53.1 of the Criminal Code of the Russian Federation).
As for the direct content of punishment, according to parts 3 and 5 of Art. 53.1 of the Criminal Code of the Russian Federation, forced labor consists in bringing the convict to work in places determined by institutions and bodies of the penitentiary system, and is appointed for a period of two months to five years. At the same time, from wages convict, deductions will be made to the income of the state, transferred to the account of the relevant territorial authority penitentiary system, in the amount established by the court verdict, but in the range from 5 to 20%.
Forced labor is not assigned to minors; persons recognized as disabled of the first or second group; pregnant women; women with children under the age of three; women who have reached fifty-five years of age; men who have reached the age of sixty-five, as well as military personnel, i.e. such persons for whom special working conditions are provided.
This type of punishment, of course, compares favorably with imprisonment, but with the existing shortcomings, it is hardly more humane than imprisonment in a colony-settlement.
In our opinion, forced labor should not be appointed for a period of more than three years, since long-term isolation from society forms negative personal attitudes and does not contribute to the correction of the convict. The meaning of this punishment is to create an alternative to imprisonment, where the goal - the restoration of social justice - is dominant. In particular, by involving convicts in the implementation of socially significant projects.
Once again, we draw your attention to the fact that you should always contact the ILA. An informational article is one thing, and an article of a law is quite another, if errors are made in an informational article, then in the law we see exactly what it really is. At the same time, articles are often outdated compared to the law, a 1-2 year old article in certain cases may no longer be relevant, therefore, it is always necessary to double-check in comparison with the law.
), it is worth paying attention to the changes in the criminal law that entered into force in August 2017 and are related to the taxation and circulation of alcohol-containing products.
Federal Law No. 250-FZ of July 29, 2017 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with the improvement of the legal regulation of relations related to the payment of insurance premiums to state non-budgetary funds”
Amendments have been made to articles 198, 199, 199.2 of the Criminal Code of the Russian Federation, according to which evasion from paying insurance premiums will be considered a crime.
In addition, two new articles 199.3 and 199.4 have been introduced into the Criminal Code of the Russian Federation. According to which, criminal liability is provided for evading the payment of insurance premiums for compulsory social insurance against industrial accidents and occupational diseases to the state extra-budgetary fund of an individual (Article 199.3 of the Criminal Code of the Russian Federation) and a legal entity (Article 199.4 of the Criminal Code of the Russian Federation).
Under the new articles, a criminal case is subject to initiation in the event of an unlawful act being committed for three consecutive financial years, subject to large-scale evasion.
For an individual large size it is considered if the share of unpaid contributions exceeds 10% of the amounts payable in case of non-payment of more than 600 thousand rubles for 3 years, or exceeds 1 million 800 thousand rubles. For organizations - 10% in case of non-payment of more than 2 million rubles, or exceeds 6 million rubles, respectively.
The listed crimes are categorized as tax crimes, which differ in the collection procedure.
The investigation of these categories of crimes is referred to the jurisdiction of investigators Investigative Committee Russian Federation.
Federal Law of July 26, 2017 No. 203-FZ “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation”
This federal law introduced two new articles 171.3 and 171.4 into the Criminal Code of the Russian Federation.
According to Art. 171.3 of the Criminal Code of the Russian Federation, criminal liability arises for the production, purchase (including import), supply (including export), storage, transportation and (or) retail sale of ethyl alcohol, alcoholic and alcohol-containing products without an appropriate license in cases where such a license obligatory, committed on a large scale (more than 100 thousand rubles).
Investigation of criminal cases under Art. 171.3 of the Criminal Code of the Russian Federation is referred to the jurisdiction of the internal affairs bodies.
According to Art. 171.4 of the Criminal Code of the Russian Federation, criminal liability will occur in the event of illegal retail sale of alcoholic and alcohol-containing food products, provided that the act is committed repeatedly, with the exception of cases provided for in Article 151.1 of the Criminal Code of the Russian Federation ( retail alcohol products for minors).
In our opinion, based on the literal interpretation of the article and the note to it on repetition, for criminal liability under Art. 171.4 of the Criminal Code of the Russian Federation, preliminary bringing to administrative responsibility under Art. Part 2 Art. 14.17.1 of the Code of Administrative Offenses of the Russian Federation (introduced by Federal Law No. 265-FZ of July 29, 2017) during the year.
The sale of not all alcoholic products at retail entails criminal liability under the introduced article, for example, the sale of beer, cider, mead (that is, individual low-alcohol drinks) does not entail criminal liability, but administrative (part 1 of article 14.17.1 of the Code of Administrative Offenses RF).
Investigation under Art. 171.4 of the Criminal Code of the Russian Federation will be carried out in the form of an inquiry by employees of the internal affairs bodies.
Previously, for the manufacture and sale of moonshine, chacha, araki, mulberry vodka, mash or other home-made strong alcoholic beverages, liability was provided for under Art. 158 of the Criminal Code of the RSFSR, which has lost its force. More than 20 years later, criminal liability for "moonshine" in a different form was again returned by article 171.4 of the Criminal Code of the Russian Federation.
Federal Law No. 248-FZ of July 29, 2017 “On Amendments to the Criminal Code of the Russian Federation” sanctions have been increased (the type and amount of punishment have been toughened) under articles 110, 110.1, 110.2 of the Criminal Code of the Russian Federation (for driving to suicide, inducing or inciting it).
Recall that articles 110.1 and 110.2 of the Criminal Code of the Russian Federation.
Accepted State Duma June 21, 2016 Approved by the Federation Council June 29, 2016
Article 1 Include in the Criminal Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, N 25, Art. 2954; 1998, N 26, Art. 3012; 2001, N 13, Art. 1140; 2002, N 44, Art. 4298; 2003, 50, item 4848; 2004, N 30, item 3091; 2006, N 31, item 3452; 2007, N 1, item 46; N 31, item 4008; 2008, N 52, item 6235; 2009, N 1, item 29; N 26, item 3139; N 31, item 3921; N 52, item 6453; 2010, N 19, item 2289; N 52, item 7003; 2011, N 11 , item 1495; N 19, item 2714; N 30, item 4598; N 50, item 7362; 2012, N 10, item 1162, 1166; N 29, item 3987; N 47, item 6401 ; N 49, item 6752; 2013, N 26, item 3207; N 27, item 3442; N 44, item 5641; N 48, item 6165; N 51, item 6685; 2014, N 19, 2335; N 26, item 3385; N 30, item 4228, 4278; 2015, N 1, item 83, 85; N 24, item 3367; 2016, N 23, item 3286) the following changes:
1) supplement Article 76.2 with the following content:
“Article 76.2. Exemption from criminal liability with the imposition of a court fine
A person who has committed a crime of small or medium gravity for the first time may be released by the court from criminal liability with the imposition of a court fine if he has compensated for the damage or otherwise made amends for the damage caused by the crime.”;
2) part three of Article 78 shall be stated as follows:
“3. The limitation period shall be suspended if the person who committed the crime evades investigation or trial, or from paying a court fine imposed in accordance with Article 76.2 of this Code. In this case, the running of the statute of limitations resumes from the moment of detention of the said person or his surrender.”;
3) Section VI shall be supplemented with Chapter 15.2 as follows:
» Chapter 15.2. Judicial fine
Article 104.4. Judicial fine
1. A court fine is a monetary penalty imposed by a court upon release of a person from criminal liability in the cases provided for in Article 76.2 of this Code.
2. In case of non-payment of a court fine within the period established by the court, the court fine is canceled and the person is held criminally liable under the relevant article of the Special Part of this Code.
Article 104.5. The procedure for determining the amount of a court fine
1. The amount of a court fine may not exceed half of the maximum amount of the fine provided for by the relevant article of the Special Part of this Code. If the fine is not provided for by the relevant article of the Special Part of this Code, the amount of the judicial fine cannot be more than two hundred and fifty thousand rubles.
2. The amount of the court fine is determined by the court, taking into account the gravity of the crime committed and the property status of the person exempted from criminal liability and his family, as well as taking into account the possibility of the specified person receiving wages or other income.”;
4) Article 116 shall be stated in the following wording:
“Article 116. Beatings
Beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, in relation to loved ones, as well as for hooligan motives, or for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group - shall be punishable by compulsory works for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to one year, or by restraint of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to two years.
Note.
In this article, close relatives are understood as close relatives (husband, wife, parents, children, adoptive parents, adopted (adopted) children, siblings, grandfathers, grandmothers, grandchildren), guardians, trustees, as well as persons who are in property with by a person who has committed an act provided for by this article, or by persons conducting a common household with him.
5) add Article 116.1 with the following content:
“Article 116.1. Beating by a person subjected to administrative punishment
Beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, and do not contain elements of the corpus delicti provided for in Article 116 of this Code, by a person subjected to administrative punishment for a similar act, is punishable by a fine of in the amount of up to forty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to two hundred and forty hours, or by corrective labor for a term of up to six months, or by arrest for a term of up to three months.
6) Article 157 shall be stated in the following wording:
“Article 157. Non-payment of funds for the maintenance of children or disabled parents
1. Non-payment by a parent, without good reason, in violation of a court decision or a notarized agreement, of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act has been committed repeatedly, is punishable by corrective labor for a term of up to one year, or forced labor for up to one year. the same term, or by arrest for a term of up to three months, or by deprivation of liberty for a term of up to one year.
2. Non-payment by adult able-bodied children without good reason in violation of a court decision or a notarized agreement of funds for the maintenance of disabled parents, if this act has been committed repeatedly, is punishable by correctional labor for a term of up to one year, or forced labor for the same term, or arrest for up to three months, or imprisonment for up to one year.
Notes.
1. Non-payment by a parent, without good reason, in violation of a court decision or a notarized agreement, of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, if this act has been committed repeatedly, the non-payment by the parent without good reason, in violation of a court decision or a notarized agreement, shall be recognized funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, subjected to administrative punishment for a similar act, during the period when the person is considered to be subjected to administrative punishment.
2. Non-payment by adult able-bodied children without valid reasons in violation of a court decision or a notarized agreement of funds for the maintenance of disabled parents, if this act has been committed repeatedly, the non-payment by adult able-bodied children without valid reasons in violation of a court decision or a notarized agreement of funds for the maintenance of disabled parents is recognized subjected to administrative punishment for a similar act, during the period when the person is considered to be subjected to administrative punishment.”;
7) in the notes to Article 158:
a) point 2 shall be stated in the following wording:
"2. Significant damage to a citizen in the articles of this Chapter, with the exception of part five of Article 159, is determined taking into account his property status, but cannot be less than five thousand rubles.
b) clause 4 shall be stated in the following wording:
"4. In Articles of this Chapter, with the exception of parts six and seven of Article 159, Articles 159.1, 159.3, 159.5 and 159.6, the value of property in excess of two hundred and fifty thousand rubles is recognized, and especially large - one million rubles.
8) add Article 158.1 with the following content:
“Article 158.1. Petty theft committed by a person subjected to administrative punishment
Petty theft of someone else's property committed by a person subjected to administrative punishment for petty theft, as provided for by paragraph 2 of Article 7.27 of the Code of Administrative Offenses of the Russian Federation - or by compulsory labor for a term of up to one hundred and eighty hours, or by corrective labor for a term of up to six months, or by restraint of liberty for a term of up to one year, or by forced labor for a term of up to one year, or by arrest for a term of up to two months, or by deprivation of liberty for up to one year.";
9) in Article 159:
a) add the fifth part of the following content:
"5. Fraud associated with the deliberate failure to fulfill contractual obligations in the field of entrepreneurial activity if this act caused significant damage, is punishable by a fine in the amount of up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years, with or without restriction of liberty for a term of up to one year, or by deprivation of liberty for a term of up to five years, with or without restriction of liberty for a term of up to one year.
b) add the sixth part of the following content:
“6. The act provided for by paragraph 5 of this article, if committed on a large scale, - years with restriction of liberty for a term of up to two years or without it, or imprisonment for a term of up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months, or without it and with restriction of freedom for a period of up to one and a half years or without it.”;
c) add part seven as follows:
“7. The act provided for by Part 5 of this Article, if committed on an especially large scale, is punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years. restriction of freedom for up to two years or without it.”;
d) add the following notes:
“Notes.
1. Significant damage in part five of this article is damage in the amount of at least ten thousand rubles.
2. In the sixth part of this article, the value of property in excess of three million rubles is recognized as a large amount.
3. The value of property in excess of twelve million rubles is recognized as a particularly large amount in part seven of this article.
4. Action of parts five - seven of this article extends to cases of deliberate non-fulfillment of contractual obligations in the field of entrepreneurial activity, when the parties to the contract are individual entrepreneurs and (or) commercial organizations.
Article 2 Include in the Code of Criminal Procedure of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2001, N 52, Art. 4921; 2002, N 22, Art. 2027; N 30, Art. 3015, 3020, 3029; N 44, Art. 4298; 2003, N 27, item 2700, 2706; N 28, item 2880; N 50, item 4847; 2005, N 1, item 13; N 27, item 2711; 2006, N 28, item 2975, 2976; N 31, item 3452; 2007, N 1, item 46; N 16, item 1827; N 24, item 2830, 2833; N 41, item 4845; N 49, item 6033; N 50 , items 6235, 6236, 6248; 2008, N 49, item 5724; N 52, item 6226; 2009, N 11, item 1267; N 29, item 3613; N 44, item 5170, 5173; 2010, N 1, item 4; N 14, item 1552; N 15, item 1756; N 17, item 1985; N 21, item 2525; N 27, item 3427, 3428, 3431; N 31 , items 4164, 4193; N 49, items 6412, 6419; 2011, N 1, items 16, 39, 45; N 15, item 2039; N 23, item 3259; N 29, item 4285, 4286; N 30, items 4598, 4601, 4605; N 45, item 6334; N 50, items 7350, 7361, 7362; 2012, N 10, items 1162, 1166; N 24, item 3070; N 30, item 4172; N 31, item 4330, 4331, 4332; N 47, item 6401; N 49, item 6752; N 53, item 7637; 2013, N 9, item 875; No. 17, Art. 2031; No. 26, art. 3207; No. 27, art. 3442, 3477, 3478; No. 30, Art. 4028, 4050, 4078; No. 44, Art. 5641; No. 48, art. 6165; No. 51, Art. 6685, 6696; No. 52, art. 6945, 6997; 2014, N 6, art. 555; No. 16, Art. 1833; No. 19, art. 2303, 2310, 2333; No. 23, Art. 2927; No. 26, art. 3385; No. 30, Art. 4219, 4246, 4259, 4270, 4278; No. 43, art. 5792; No. 48, art. 6651; 2015, N 1, art. 47, 58, 81, 83, 85; No. 6, Art. 885; No. 10, art. 1411; No. 21, Art. 2981; No. 24, art. 3367; No. 27, art. 3981; No. 29, art. 4354, 4391; 2016, N 1, art. 60, 61; No. 14, art. 1908; No. 18, Art. 2515) the following changes:
1) in Article 20:
a) part two shall be stated in the following wording:
"2. Criminal cases on crimes provided for in Articles 115, part one, 116.1 and 128.1, part one of the Criminal Code of the Russian Federation are considered criminal cases of private prosecution, are initiated only at the request of the victim, his legal representative, with the exception of cases provided for in part four of this article, and subject to termination in connection with the reconciliation of the victim with the accused. Reconciliation is allowed until the court retires to the deliberation room to issue a verdict, and in the appellate court - until the appellate court retires to the deliberation room to make a decision on the case.
b) in the part of the third word“Except as provided for in Article 25 of this Code” shall be deleted, the words “Articles 131” shall be replaced by the words “Articles 116, 131”;
2) supplement Article 25.1 with the following content:
“Article 25.1. Termination of a criminal case or criminal prosecution in connection with the imposition of a measure of a criminal law nature in the form of a judicial fine
1. Judgment by own initiative or based on the results of consideration of a petition filed by the investigator with the consent of the head of the investigative body or by the interrogating officer with the consent of the prosecutor, in the manner prescribed by this Code, in the cases provided for by Article 76.2 of the Criminal Code of the Russian Federation, has the right to terminate a criminal case or criminal prosecution against a person suspected or accused of committing a crime of small or medium gravity, if this person compensated for the damage or otherwise made amends for the damage caused by the crime, and appoint this person a measure of a criminal law nature in the form of a judicial fine.
2. Termination of a criminal case or criminal prosecution in connection with the imposition of a measure of a criminal law nature in the form of a judicial fine is allowed at any time in the proceedings on a criminal case until the court retires to the deliberation room to pass a sentence, and in the court of appeal - until the court of appeal to the deliberation room to make a decision on the case.”;
3) part two of Article 27 after the numbers "25," add the numbers "25.1,";
4) Part one of Article 29 shall be supplemented with paragraph 3.1 of the following content:
"3.1) to terminate, on the grounds provided for in Article 25.1 of this Code, in relation to a person suspected or accused of committing a crime of small or medium gravity, a criminal case or criminal prosecution with the imposition of a measure of a criminal law nature in the form of a judicial fine in accordance with the requirements of Chapter 51.1 of this Code;”;
5) add Article 81.1 with the following content:
Article 81.1. The procedure for recognizing objects and documents as material evidence in criminal cases on crimes in the field of economics
1. Items and documents specified in the first part of Article 81 of this Code, including electronic media seized in the course of pre-trial proceedings in criminal cases on crimes provided for by Articles 159, parts five - seven, 159.1 - 159.3, 159.5, 159.6, 160 and 165 of the Criminal Code of the Russian Federation, if these crimes are committed in the field of entrepreneurial activity, as well as articles 171 - 174.1, 176 - 178, 180 - 183, 185 - 185.4 and 190 - 199.2 of the Criminal Code of the Russian Federation, are recognized as material evidence and are attached to the materials of the criminal case about which a decision is made.
2. The decision to recognize as material evidence the items and documents specified in the first part of this article shall be issued no later than 10 days from the moment of their withdrawal. In the event that for the inspection of seized items and documents due to their a large number or due to other objective reasons more time is required, at the substantiated request of the investigator or interrogating officer, this period may be extended for another 30 days, respectively, by the head of the investigative body or the head of the body of inquiry. If the appointment of a forensic examination is required to recognize such items and documents as material evidence, the period for issuing a decision on recognizing them as material evidence cannot exceed 3 days from the moment the investigator or interrogating officer receives the expert's opinion.
3. At the request of the legal owner of documents seized in the course of pre-trial proceedings in a criminal case on a crime specified in part one of this article, he is given the opportunity to make copies of the seized documents at his own expense, including with the help of technical means, in the manner prescribed by the Government of the Russian Federation.
4. Items seized in the course of pre-trial proceedings, but not recognized as physical evidence, including electronic media, with the exception of items specified in paragraph 2 of part three of Article 81 of this Code, and documents are returned to the persons from whom they were seized, no later than after 5 days after the expiration of the terms specified in the second part of this article.”;
6) paragraph 1 of the third part of Article 150 after the numbers "116," add the numbers "116.1," after the words "158 part one," add the numbers "158.1,";
7) in Article 151:
a) in clause 3 of part two, the words “159 parts two to four” shall be replaced by the words “159 parts two to seven”;
b) in part five, the words “159 parts two to four” shall be replaced by the words “159 parts two to seven”;
8) Article 162 shall be supplemented with part six.2 as follows:
“6.2. In the event that the court returns the criminal case to the head of the investigative body in connection with the cancellation of the decision to terminate the criminal case or criminal prosecution in accordance with the procedure established by Article 446.5 of this Code, the term for the performance of investigative and other procedural actions may not exceed one month from the day the criminal case was received by the investigator. Further extension of the period of preliminary investigation is carried out on a general basis in the manner prescribed by parts four, five and seven of this article.”;
9) Article 212 shall be supplemented with the third part of the following content:
“3. If during the investigation the grounds provided for in Article 25.1 of this Code are established, the investigator or interrogating officer shall take the measures provided for in Chapter 51.1 of this Code to send a petition to the court to terminate the criminal case or criminal prosecution with the imposition of a criminal law measure on the suspect, the accused in the form of a court fine .»;
10) Part one of Article 213 shall be supplemented with the words ", except for the cases provided for in Article 25.1 of this Code";
11) in Article 236:
a) Part one shall be supplemented with paragraph 4.1 of the following content:
"4.1) on termination of a criminal case or criminal prosecution in accordance with Article 25.1 of this Code and imposition of a criminal law measure on the accused in the form of a judicial fine, provided for in Article 104.4 of the Criminal Code of the Russian Federation;";
b) add part three.1 as follows:
“3.1. In accordance with Article 25.1 of this Code, the decision to terminate a criminal case or criminal prosecution with the imposition of a criminal law measure on the accused in the form of a court fine must also indicate the amount of the court fine, the term and procedure for the execution of this criminal law measure.”;
12) in Article 254:
a) the name after the words "criminal case" shall be supplemented with the words "or criminal prosecution";
b) add paragraph 4 with the following content:
"4) in the cases provided for by Article 25.1 of this Code, taking into account the requirements established by Article 446.3 of this Code.";
13) part two of Article 393 shall be stated as follows:
"2. A copy of the guilty verdict shall be sent by the judge or the chairman of the court to the institution or body responsible for the execution of the sentence. For the execution of a sentence, ruling, court order in terms of property penalties, together with copies of the sentence, ruling, court order, a bailiff is sent a writ of execution. The writ of execution together with copies of the sentence, ruling, court order may be sent by the court for execution to the bailiff in the form of an electronic document signed by the judge with an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation.
14) Section XVI shall be supplemented with Chapter 51.1 as follows:
» Chapter 51.1. Proceedings on the appointment of a measure of a criminal law nature upon release from criminal liability
Article 446.1. The procedure for terminating a criminal case or criminal prosecution with the appointment of a measure of a criminal law nature in the form of a judicial fine
1. The requirements of this Chapter shall apply in the event of termination of a criminal case or criminal prosecution in accordance with Article 25.1 of this Code and the imposition of a measure of a criminal law nature in the form of a judicial fine provided for in Article 104.4 of the Criminal Code of the Russian Federation.
2. Proceedings on the termination of a criminal case or criminal prosecution and the imposition of a measure of a criminal law nature in the form of a judicial fine shall be carried out in accordance with the rules established by this Code, with the features provided for by this Chapter.
Article 446.2. The procedure for terminating a criminal case or criminal prosecution and imposing a criminal law measure in the form of a judicial fine in the course of pre-trial proceedings in a criminal case
1. A criminal case or criminal prosecution on the grounds specified in Article 25.1 of this Code shall be terminated by a court with the imposition of a measure of a criminal law nature on the person released from criminal liability in the form of a judicial fine, provided for in Article 104.4 of the Criminal Code of the Russian Federation.
2. If in the course of the preliminary investigation it is established that there are grounds provided for in Article 25.1 of this Code for terminating a criminal case or criminal prosecution against a suspect or accused, the investigator, with the consent of the head of the investigative body or the interrogating officer, with the consent of the prosecutor, shall issue a decision to file a petition with the court for termination of a criminal case or criminal prosecution against a person suspected or accused of committing a crime of small or medium gravity and imposing on this person a measure of a criminal law nature in the form of a judicial fine, which, together with the materials of the criminal case, is sent to the court.
3. A copy of the decision referred to in part two of this article shall be sent by the investigator, interrogating officer to the suspect, the accused, the victim and the civil plaintiff.
4. The petition specified in part two of this article is subject to consideration by a single judge district court or a military court of the appropriate level or a justice of the peace, whose jurisdiction includes the consideration of the relevant category of criminal cases, at the place of the preliminary investigation no later than 10 days from the date of receipt of the petition to the court with the obligatory participation of the suspect or the accused, the defense counsel, if the latter participates in the criminal case, the victim and (or) his legal representative, representative, prosecutor. Absence without good reason of the parties, duly notified of the time court session, is not an obstacle to the consideration of the petition, except in cases of non-appearance of the person in respect of whom the issue of terminating the criminal case or criminal prosecution is being considered.
5. Based on the results of consideration of the petition, the judge shall issue a decision in which he indicates one of the following decisions:
1) on satisfaction of a petition to terminate a criminal case or criminal prosecution on the grounds provided for in Article 25.1 of this Code, and on imposing a measure of a criminal law nature on a person in the form of a court fine;
2) on the refusal to satisfy the petition to terminate the criminal case or criminal prosecution and to impose a measure of a criminal law nature on the person in the form of a court fine with the return of the petition and the materials of the criminal case to the head of the investigative body or the prosecutor, if the information about the participation of the person in the crime, set out in the decision to initiate a motion to apply a criminal law measure to a person in the form of a court fine does not correspond to the actual circumstances of the case established during the judicial review of the motion, or the criminal case or criminal prosecution must be terminated on other grounds.
6. In the decision on the appointment of a person in respect of whom the criminal case or criminal prosecution has been terminated on the grounds provided for in Article 25.1 of this Code, a measure of a criminal law nature in the form of a court fine, the judge, taking into account the financial situation of the said person and his family, shall establish a period within which the person is obliged to pay the court fine, and explains to him the procedure for appealing against the decision and the consequences of evading the payment of the court fine. The size of the court fine is determined by the judge in accordance with Article 104.5 of the Criminal Code of the Russian Federation.
7. The decision of the judge, specified in the fifth part of this article, may be appealed to a higher court in the appeal procedure established by Chapter 45.1 of this Code. 8. A copy of the decision issued as a result of consideration of a petition to terminate a criminal case or criminal prosecution and to impose a measure of a criminal law nature in the form of a judicial fine shall be handed over or sent to the person in respect of whom it was issued, his defense counsel, the victim and (or) his legal representative, representative, as well as the person who filed the petition, the prosecutor and the bailiff.
Article 446.3. The procedure for terminating a criminal case or criminal prosecution and imposing a measure of a criminal law nature in the form of a judicial fine in the course of judicial proceedings in a criminal case
1. If in the course of judicial proceedings in a criminal case the grounds provided for in Article 25.1 of this Code are established, the court, simultaneously with the termination of the criminal case or criminal prosecution, resolves the issue of imposing a measure of a criminal law nature in the form of a judicial fine. In this case, the court shall issue a decision or ruling on the termination of the criminal case or criminal prosecution and on the imposition of a criminal law measure on the defendant in the form of a court fine, in which it indicates the amount of the court fine, the procedure and the term for its payment.
2. The court shall explain to the person in respect of whom the criminal case or criminal prosecution has been terminated and a measure of a criminal law nature in the form of a court fine has been imposed, the consequences of failure to pay the court fine within the established time limit, provided for by part two of Article 104.4 of the Criminal Code of the Russian Federation, as well as the need to provide information on the payment of a court fine to the bailiff within 10 days after the expiration of the period established for the payment of the court fine.
Article 446.4. The procedure for applying for execution of a decision on the application of a measure of a criminal law nature in the form of a judicial fine
1. Appeal to the execution of a decision on the appointment of a measure of a criminal law nature in the form of a judicial fine shall be assigned to the court that issued the decision.
2. The decision to apply a measure of a criminal law nature in the form of a judicial fine shall be enforced in accordance with the procedure established by Article 393 of this Code.
Article 446.5. Consequences of non-payment by a person of a court fine
In the event that a person fails to pay a court fine imposed as a measure of a criminal law nature, the court, on the recommendation of a bailiff in the manner prescribed by parts two, three, six, seven of Article 399 of this Code, cancels the decision to terminate the criminal case or criminal prosecution and imposing a measure of a criminal law nature in the form of a judicial fine and sends the materials to the head of the investigative body or the prosecutor. Further proceedings in the criminal case are carried out in accordance with the general procedure.
President of the Russian Federation V. Putin
DOCUMENT OVERVIEW
The State Duma agreed to decriminalize certain crimes.
The purpose of the amendments is to improve the grounds and procedure for exemption from criminal liability.
Thus, a person who has committed a crime of small or medium gravity for the first time will be released from criminal liability with the imposition of a judicial fine if he has compensated for the damage or otherwise made amends for the harm caused.
The issues of appointment and application of a judicial fine have been settled.
It was decided to decriminalize some acts that were previously classified as minor crimes. We are talking about beatings or other violent acts that caused physical pain, but did not entail the consequences indicated in the article on deliberate infliction minor health damage.
Criminal liability has been introduced for beating a person subjected to administrative punishment. They will be punished with a fine of up to 40 thousand rubles. or in the amount of the salary or other income of the convicted person for a period of up to three months, or by compulsory work for a term of up to 240 hours, or by corrective labor for a term of up to 6 months, or by arrest for a term of up to 3 months.
The procedure for imposing punishment for non-payment of funds for the maintenance of children or disabled parents has been clarified. Criminal liability will follow if the act is committed repeatedly.
There is a penalty for petty theft committed by a person subjected to administrative punishment.
From 2,500 to 5,000 rubles. increased minimum size significant damage caused by the theft.
The Code of Criminal Procedure of the Russian Federation spells out the rules of proceedings on the appointment of a measure of a criminal law nature in case of release from liability. Provisions for judicial fines have been introduced.
During the first half of 2017, numerous amendments and additions to the Criminal Code of the Russian Federation were adopted and (or) entered into force. The most resonant ones concern the issues of decriminalization of beatings, combating suicides, especially among minors, and combating transport hooliganism.
General list of changes and additions (in chronological order):
- New edition (beatings). .
- New edition (deferred punishment). .
- New version (postponement of punishment for drug addicts). . The changes came into effect on March 30, 2017.
- The new wording of paragraph "b" (hooliganism) and the addition of this part with paragraph "c". .
- Supplementing the Criminal Code with a new article - (actions that threaten the safe operation Vehicle). Federal Law of April 3, 2017 No. 60.
- New edition of the first paragraph of the first part (falsification of evidence and results of ORM). .
- The new edition (bringing to suicide) and the addition of new articles to the Criminal Code - Art. 110.1 and 110.2 (inciting suicide, assisting suicide and organizing activities aimed at inciting suicide). .
- Supplementing the Criminal Code with a new article - (involving a minor in the commission of actions that pose a danger to his life). Federal Law of 06/07/2017 No. 120.
Let's consider these changes and additions in detail, starting with the most resonant ones.
Useful Documents
- A copy of the court order on the fine for ignoring a lawyer's request
Partial decriminalization of battery
Changes made at the beginning of 2017 to Art. 116 of the Criminal Code of the Russian Federation, decriminalized the so-called family beatings. Violence against close relatives domestic violence”), in the absence of harm to health and other qualifying signs, now entails only administrative liability. Article 116.1 of the Criminal Code of the Russian Federation remained unchanged. Thus, for family beatings, criminal punishment may still follow, but only on the condition that the perpetrator has previously been brought to administrative responsibility for similar actions (Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation).
Innovations have caused multipolar assessments in society and among specialists. The bill on the decriminalization of family beatings was submitted to the State Duma in the summer of 2016, and after numerous discussions it was adopted only six months later, which already indicates the ambiguity of the decision. On the practice of applying Art. 116 and 116.1 of the Criminal Code of the Russian Federation in the new conditions, it is too early to say, however, a sharp surge in the number of cases under Art. 116.1 of the Criminal Code of the Russian Federation did not happen. This was quite expected, given the statistics of previous years. According to the Ministry of Internal Affairs, in 60-70% of cases, the victims did not report domestic violence in law enforcement, and in more than 95% of cases, criminal cases under Article 116 of the Criminal Code of the Russian Federation did not reach trial or sentence and were terminated, as a rule, due to formal or actual reconciliation of the parties.
Tightening responsibility for actions that provoke suicidal behavior
In this case, it was not so much the changes and additions to the Criminal Code of the Russian Federation that were resonant, but everything that preceded this. A sharp surge in suicides, especially among minors, and the spread of "death groups" in in social networks- the main reasons for the tightening of the criminal law.
Changes and additions were made in June 2017 by one law - Federal Law No. 120. They provide:
- New edition of Art. 110 of the Criminal Code of the Russian Federation (incitement to suicide).
- New offenses - articles 110.1 and 110.2 (inciting suicide, assisting suicide and organizing activities aimed at inciting suicide).
- The introduction of criminal liability for the involvement of minors in the commission of actions that pose a danger to their lives - Article 151.2 of the Criminal Code of the Russian Federation.
All these changes and additions are included in the system of state measures aimed at counteracting activities related to inciting children to suicidal behavior.
Article 110 of the Criminal Code of the Russian Federation
Before the changes, Article 110 was rather short and did not provide for qualifying signs that increase the severity of the deed and, accordingly, toughen sanctions. The innovations supplemented the article with the second part with such signs, determining that incitement to suicide (attempted suicide):
- minor;
- pregnant woman;
- two or more persons;
- a person who is in a helpless state or dependent on the perpetrator;
- publicly, in the media, via the Internet;
- as well as committed in a group of persons by prior agreement or organized criminal group, -
entails a more serious punishment, in particular, imprisonment for a term of 5-8 years.
Sanctions have also been increased under the first part of Article 110 of the Criminal Code of the Russian Federation. So, if earlier the punishment in the form of imprisonment could be up to 5 years, now it is from 2 to 6 years.
Article 110.1 of the Criminal Code of the Russian Federation
Article 110.1 of the Criminal Code of the Russian Federation establishes liability for inciting or facilitating suicide, while:
Assistance with advice, provision of information, means and instruments of suicide or a promise to hide them, as well as assistance in removing obstacles to committing suicide, provide for liability under Part 2 of Art. 110.1 of the Criminal Code of the Russian Federation and more serious sanctions.
Established part 3 of Art. 110.1 of the Criminal Code of the Russian Federation, the qualifying signs are similar to those indicated in Part 2 of Article 110 of the Criminal Code of the Russian Federation and also toughen the punishment.
If the person being persuaded committed suicide or an attempt on his life, then the act of the perpetrator is already qualified under part 4 of Art. 110.1 of the Criminal Code of the Russian Federation and provides for, among other things, punishment in the form of imprisonment for up to 5 years.
If there are signs specified in Part 3 of Art. 110.1 of the Criminal Code of the Russian Federation, a suicide or attempted suicide will lead to the prosecution of the perpetrator under Part 5 of Art. 110.1 of the Criminal Code of the Russian Federation, for which the maximum punishment can be 6 years in prison.
Article 110.2 of the Criminal Code of the Russian Federation
Article 110.2 of the Criminal Code of the Russian Federation establishes responsibility for organizing activities aimed at inciting suicide. Here we are talking about such an impulse, which is associated with the dissemination of calls for suicide and information about methods of suicide. The publicity of this kind of activity toughens the punishment.
Note to article 110.2 of the Criminal Code of the Russian Federation provides for the possibility of releasing the guilty person from criminal liability. This requires a cumulative voluntary termination criminal activity, assistance in the disclosure (suppression) of crimes provided for in Articles 110-110.2 of the Criminal Code of the Russian Federation, and the absence of other elements of crime in the actions of the guilty person.
Article 151.2 of the Criminal Code of the Russian Federation
New corpus delicti - art. 151.2 of the Criminal Code of the Russian Federation - focused on the protection of minors from criminal acts persons who put the life of the victim in danger. The norm is aimed primarily at combating suicide, although it covers a much wider range of possible criminal behavior and its goals.
The criminally punishable involvement of a minor in life-threatening illegal activities refers to persuasion, promises, deceit, threats and other ways of inducing such activities. An exception is everything that falls under the signs of inclination to suicide, involvement in the commission of a crime or antisocial actions, that is, it forms a different composition (compositions) of a crime.
Actions of a public nature, in relation to two or more persons, committed as part of an organized crime group or a group of persons by prior agreement, are qualified under Part 2 of Art. 151.2 of the Criminal Code of the Russian Federation and entail more serious sanctions.
Criminal liability for violation of transport safety requirements and hooliganism in transport
In April 2017, the Criminal Code of the Russian Federation was supplemented with a new offense - Art. 267.1. It provides for liability for various illegal actions in the field of transport security and their grave consequences. At the same time, changes were made to Article 213 of the Criminal Code of the Russian Federation (hooliganism), which appeared in a new edition.
The adoption of these changes and additions to the Criminal Code of the Russian Federation was due to the need to combat the so-called transport hooliganism, often associated with the presence of the perpetrator in a state of intoxication. But not only. The increased frequency of emergency situations related to the violation of the rules for the operation of various vehicles and not covered by the existing corpus delicti also demanded tougher liability.
Article 267.1 provides for two independent elements of the crime:
Under the first part, persons who do not comply with safety requirements in transport and transport infrastructure facilities will be involved if this negligently caused serious bodily harm or major damage (more than 1 million rubles).
Part two of Article 267.1 of the Criminal Code of the Russian Federation provides for liability for similar actions and consequences, but for persons (special subject) who are obliged to ensure transport security.
The commission of a crime as part of a group of persons by prior agreement or that caused the death of a person is qualified under Part 3 of Art. 267.1 of the Criminal Code of the Russian Federation, and as part of an organized crime group or that caused the death of two or more people - under Part 4 of Art. 267.1 of the Criminal Code of the Russian Federation.
Article 213 of the Criminal Code of the Russian Federation was supplemented with a new paragraph - paragraph "c" of the first part. It allows you to qualify gross violation public order on any form of public transport as criminal hooliganism, even in the absence of other signs. Previously, only administrative punishment was provided for the same act.
Falsification of evidence in administrative proceedings became a criminal offense
Changes were made only to part 1 of Art. 303 of the Criminal Code of the Russian Federation. The new edition has expanded the range of cases, falsification of evidence for which entails criminal liability. In accordance with this, the circle of persons against whom criminal prosecution may be initiated is also expanding.
Now not only civil cases, but also administrative cases (proceedings) are protected by criminal law. Liability entails falsification of evidence:
a person participating in the administrative case, or his representative;
a participant in the proceedings on an administrative offense, or his representative;
an official authorized to consider cases of an administrative offense or draw up protocols on administrative offenses.
Mitigation of conditions for obtaining a deferral of serving a sentence (Articles 82, 82.1 of the Criminal Code of the Russian Federation)
Despite the fact that articles 82 and 82.1 of the Criminal Code of the Russian Federation refer to the same institution - the suspension of serving a sentence - the changes to these rules are somewhat separated in time.
The new wording of part 1 of article 82.1 of the Criminal Code of the Russian Federation was adopted at the end of December 2016, and parts 1 of Art. 82 of the Criminal Code of the Russian Federation - at the beginning of March 2017. At the same time, both provisions entered into force almost simultaneously - in March 2017. All of them relate to the mitigation of the conditions for obtaining a deferral of serving a sentence.
Part 1 Art. 82.1 of the Criminal Code of the Russian Federation allows persons suffering from drug addiction to voluntarily undergo a course of treatment (rehabilitation) and, on the basis of this, defer serving a sentence until the completion of therapeutic (rehabilitation) measures. The new edition makes it possible to use this right not only for persons who have committed minor crimes in the field of drug trafficking for the first time (as was the case before), but also for persons who have been sentenced to imprisonment for such crimes for the first time.
Changes to Article 82 of the Criminal Code of the Russian Federation now allow applying for a deferment both at the stage of execution of the sentence (for already convicted persons) and at the stage of sentencing (for persons who have only been sentenced). The court considers the issue of postponing the decision of the verdict and indicates it in the operative part.
