Topic 3.

Fundamentals of Criminal Law of the Russian

Federation.
Plan of lectures.

1. The concept, subject, objectives and principles of criminal

law.
2. The concept of crime, its symptoms and types.
3. Criminal law penalties.
4. The offense.
5. General characteristics of the crimes in the sphere of
economic activity.
6. Circumstances excluding criminality.
 [Link] concept, subject, objectives and principles of criminal law.
Criminal law is one of the branches of Russian law and is a body of law established by the
competent public authorities, which define the crime and is punishable offenses, the
grounds of criminal responsibility, the system of punishments, procedure and conditions
of their appointment, as well as grounds for exemption from criminal liability.
Criminal law consolidated in the Criminal Code of the Russian Federation, which operates
from 1 January 1997. Criminal law, which establishes general provisions, principles and
norms related to crime and punishment, form part of the overall content of the Criminal
Code (criminal law), Russia (Articles. 1-104 of the Criminal Code). Other standards, which
define the characteristics of specific crimes and set punishments for their commission,
form a special part of the contents of the Criminal Code (Articles. 105-360 of the Criminal
Code).
The subject of the criminal law are the social relations that arise in connection with the
commission of a crime; criminal legal entities are the person who committed the crime,
and the state represented by the various law enforcement agencies.
Problems of criminal law (Criminal Code) are named in Art. 2 of the Criminal Code: the
protection of human rights and freedoms and civil rights, property, public order and public
safety, the environment, the constitutional order of Russia, peace and human security and
crime prevention.
The Criminal Code establishes the following principles:
1. Rule of law (Art. 3 of the Criminal Code) means that the fight against crime through criminal
means must be carried out strictly within the law. Application of criminal law by analogy is not
allowed;
2. Equality of citizens before the law (Article 4 of the Criminal Code) is that the offender shall
be criminally responsible, regardless of origin, social, professional, property, etc.;
3. Guilt (Article 5 of the Criminal Code) is that a person shall be criminally liable only for the
socially dangerous action (inaction), and occurred as the dangerous consequences in respect of
which his fault. Wine - is the ratio of persons by law to its social and dangerous act and its
consequences. Criminal law provides for two forms of fault: intention (Article 25 of the
Criminal Code) and negligence (Article 26 of the Criminal Code);
4. Justice (Article 6 of the Criminal Code) is that the punishment and other measures of
criminal law applicable to a person who has committed a crime, to be fair, it is appropriate to
the nature and degree of social danger of the crime, the circumstances of its commission and the
individual offender. No one can be held criminally liable twice for the same offense;
5. Humanism (Article 7 of the Criminal Code), as a principle of criminal law, on the one hand,
lies in the fact that criminal law provides the security of the person on the other - criminal
penalties to apply to the person who committed the crime could not have intended to cause
physical suffering or humiliation of human dignity .
2. The concept of crime, its symptoms and types.
Offense is guilty of a perfect social and dangerous act (action or inaction) prohibited by the Penal
Code, under threat of punishment (Article 14 of the Criminal Code).
In the legal literature of the definition are the following crimes: public danger, criminal wrongfulness,
guilt and punishment.
Public danger arises from the fact that the offense to cause or causing substantial harm to an important
state, public and private interests of citizens.
The act or omission, formally containing the signs of an offense under the criminal law, but by virtue
of insignificance no danger to society, not a crime (such as petty theft of state or public property) and
does not entail criminal liability.
Wrongfulness of the criminal means that crime is recognized only act which provided for criminal law
and is a public health hazard. Unlawfulness arises from the fact that an offender has violated the
prohibition contained in the criminal law. The recognition of the wrongful act or omission is not
arbitrary. From the mass of human actions legislator singled out those that are most dangerous to
society and the state. Socially dangerous act is unlawful and may be considered criminal when
committed with guilty.
Culpability means the mental attitude of a person to their social and dangerous behavior and its
consequences. Can not be regarded as a crime any act, no matter what consequences it has not caused,
if it was committed innocently. We have already noted that the legislation provides for two types of
fault: intentional (Art. 25 of the Criminal Code) and negligence (Article 26 of the Criminal Code) of a
crime.
Punishable means recognizing the act of a crime, criminal law, and establishes penalties for its
commission.
Depending on the nature and degree of social danger of acts punishable under the Criminal Code,
offenses are divided into:
a) small gravity - it is intentional or reckless act for the commission of which a maximum penalty not
exceeding two years' imprisonment (for example, infection with sexually transmitted disease (article 121
of the Criminal Code), destruction of or damage to property through negligence (Article 168 of the
Criminal Code);
b) moderate - maximum penalty of not more than five years in prison (for example, failure to provide
patient care (Article 124 of the Criminal Code), illegal entrepreneurship (Article 171 of the Criminal
Code);
c) severe - the maximum penalty shall not exceed ten years in prison (for example, unlawful placement
in a psychiatric hospital (Article 128 of the Criminal Code), breach of copyright and neighboring rights
(Article 146 of the Criminal Code);
d) very severe - the maximum penalty is more than ten years imprisonment or more severe punishment
(for example, murder (Article 105 of the Criminal Code), rape (Article 131 of the Criminal Code),
bribery (Article 290 of the Criminal Code).
The criterion for separation of the types of crimes can serve as an object, and assault. On this base
offense combined to form the head of the Special Part of the Penal Code. For example, crimes against
life and health (Sec. 16, Art. Art. 105-125), a crime against freedom, honor and dignity (Sec. 17, Art. Art.
126-130), crimes against sexual inviolability and sexual freedom personality (Ch. 18, Art. Art. 131-135),
etc.
The CC can be identified crime, which may be the subject of health care workers: HIV infection
(Article 122 of the Criminal Code); illegal abortion (Article 123 of the Criminal Code), failure to
provide patient care (Article 124 of the Criminal Code), illegal building in the psychiatric hospital,
and others.
3. Criminal law penalties.
Criminal law penalties - a measure of public enforcement, appointed by a court sentence a person
convicted of a crime, in order to restore social justice and correction of prisoners and the prevention
of new crimes.
Of Art. 44 of the Criminal Code provides for the following penalties:
- A fine;
deprivation of the right to occupy certain positions or engage in certain activities;
- Deprivation of a special, military or honorary rank, grade or state awards;
- Mandatory work;
- Remedial work;
- Restriction on military service;
- Restriction of liberty;
- Forced labor;
- The arrest;
- In a disciplinary military unit;
- Imprisonment for a specified period;
- Imprisonment for life;
-The death penalty.
Certain types of punishment are used as basic (compulsory labor, corrective labor, restriction on
military service, forced labor, arrest, detention in a disciplinary military unit, deprivation of liberty
for a certain period of time, life imprisonment, the death penalty), others - as a major and additional
(fine, deprivation of the right to occupy certain positions or engage in certain activities, restriction
of freedom), and others - just as an additional punishment (deprivation of a special, military or
honorary titles, class rank and state awards.)
Let us consider some types of criminal penalties.
Penalty - a monetary penalty in an amount determined by the court taking into account the
seriousness of the offense and the property of the convicted person and his family, as well as the
possibility of getting convicted of wages or other income. Given the same circumstances, the
court may impose a penalty payment by installments to certain parts of up to five years. The
penalty may not exceed five hundred million rubles. (Article 46 of the Criminal Code).
determined by local authorities in coordination with the criminal-executive inspections.
Established for the period from 60 to 480 hours and shall be served no more than 4 hours per
day. Not assigned: a group of people with disabilities, pregnant women, women with children
under the age of 3 years, servicemen undergoing military service (Article 49 of the Criminal
Code).
Correctional labor shall be convicted of having a principal place of business, as well as not
having it. Established for the period from 2 months to 2 years. From the earnings of the
convicted are made keeping in state revenue in the amount of 5% to 20% in accordance with the
verdict of the court. Not assigned: a group of people with disabilities, pregnant women, women
with children under the age of 3 years, servicemen undergoing military service (Article 50 of the
Criminal Code).
Forced labor used as an alternative to imprisonment in the cases provided for the special part of
the Penal Code for committing a crime of minor or moderate severity, or for a serious crime for
the first time. Aims to bring the convict to work in areas defined by institutions and bodies of the
correctional system for a period of 2 months to 5 years in state income deductions are made from
the wages of the convict in the range of 5 to 20%. Not assigned: juvenile, disabled groups 1.2,
pregnant women, women with children under 3 years old, women who have reached 55 years,
men who have attained the age of 60, as well as military personnel (Article 53 of the Criminal
Code).
The arrest is the content of the convicted person in strict isolation from society and is set for a
period of one to six months. The arrest is not granted to persons under 16 years of age, pregnant
women, women with children under the age of 14 years (Article 54 of the Criminal Code).
Imprisonment for a specified period isolation is convicted of the society by sending him to the
colony - a settlement or colony premises in general, strict or special treatment or in prison. Juvenile
offenders placed in juvenile correctional facilities, or the general reinforced regime. Deprivation of
liberty is set for a period of 2 months to 20 years (Article 56 of the Criminal Code).
Life imprisonment is set only the most serious crimes against life, as well as for committing serious
crimes against public health and public morality, public safety, sexual integrity of minors under the
age of fourteen years of age. This form of punishment not be imposed:
1) women;
2) a minor under 18 years of age;
3) men who have attained to the time of adjudication the age of 65 (Article 57 of the Criminal
Code).
Capital punishment - the death penalty, which is established only for very serious crimes against
life. The death penalty does not apply to the same persons not covered by life imprisonment. In
order to pardon the death penalty could be commuted to life imprisonment or imprisonment for a
term of 25 years (Article 59 of the Criminal Code). At present, Russia has a moratorium on the
death penalty.
4. The offense.
The grounds of criminal responsibility is an act that contains all elements of an offense under the
Criminal Code.
Under the offense is commonly understood set of statutory objective and subjective symptoms that
characterize the socially dangerous act is a crime.
Object of the crime - it is something that violates a crime, so that it causes harm. The special part of
the Criminal Code is divided into chapters on object assault.
The objective part includes a description of the circumstances (time, place), the method of committing
a criminal act (by act or omission) occurring characteristic hazardous effects and the causal
connection between the act and the consequences the come. A causal relationship is usually
established as a result of various examinations.
The subject of the crime - a person who commits a crime, has reached the legal age at which criminal
responsibility (Article 20 of the Criminal Code) and is responsible. The subject of criminal
responsibility is the only person over the age of 16, and for the commission of certain crimes (Part 2
of Art. Of the Criminal Code 20) - 14 years of age. Do not be criminally liable a person who at the
time of the offense in a state of insanity, that is, unable to understand the actual nature and the social
danger of his actions (or inaction), or control them due to chronic illness, dementia or other mental
condition (Article 21 of the Criminal Code .) The persons who committed the crime in a state of
insanity, the court may apply compulsory medical measures.
The subjective aspect includes the description of the motive and purpose of the crime. The motive - is
a conscious motive, which causes a person to commit the crime commitment. Purpose - to view the
desired result, for which the person seeks to achieve. Mandatory mental element is wine, in the form
of intent or negligence.
Premeditation may be directly or indirectly (Article 25 of the Criminal Code). The crime is considered
committed with direct intent, if the person is aware of the danger of his actions (or inaction), foresaw
the possibility or inevitability of the onset of dangerous consequences, and willing to attack. The crime
is committed with indirect intent if the person is aware of the social danger of his actions (or inaction),
foresaw the possibility of socially dangerous consequences, did not want to, but consciously allowed
these consequences, or treated them indifferently.
Rough crime can be committed by negligence or thoughtlessness (Article 26 of the Criminal Code). A
crime is committed thoughtlessly, if the person had foreseen the possibility of occurrence of dangerous
consequences of their actions (or inaction), but without sufficient grounds confidently hoped to prevent
such consequences. Negligence - if the person did not foresee the possibility of occurrence of the
dangerous consequences of their actions (or inaction), but with the necessary care and prudence should
have and could have foreseen the consequences.
In the absence of at least one of said elements of a crime involving a person of criminal responsibility is
impossible.
5. General characteristics of the crimes in the area economic activity.
Offenses in the sphere of economic activity combined in Chapter 22 of the Criminal Code and include
such criminal acts, such as:
- Obstruction of the lawful business activities (Article 169);
- Registration of illegal land transactions (Art. 170); illegal entrepreneurship (Article 171);
- Illegal banking activities (Art. 172);
- Lzhepredprinimatelstvo (Art. 173);
Legalization (laundering) of money or other property acquired by illegal means (Article 174);
- The acquisition or sale of property, knowingly obtained by criminal means (Article 175);
- Illegal loan (Art. 176);
- Willful evasion of payment of accounts payable (Article 177);
- Preventing, restricting or eliminating competition (Art. 178);
- Forced to commit the transaction or to deny its conclusion (Article 179);
- Illegal use of a trademark (Art. 180);
- Violation of the rules of manufacture and use of public hallmarks (Article 181);
- Deliberately misleading advertising (Art. 182);
- Unlawful receipt and disclosure of information constituting a commercial or banking secret (Art.
183);
- Bribery of participants and organizers of professional sports and entertainment business competition
(Article 184);
- Abuse in the issuance of securities (issue) (Article 185);
- The manufacture or sale of counterfeit money or securities (Article 186);
- The manufacture or sale of forged credit or payment cards and other payment instruments (Article
187);
- Smuggling (Article 188);
- The illegal export of the Russian Federation or the transfer of raw materials, equipment,
technologies, scientific and technical information, the illegal execution of works (services) that can
be used to develop weapons of mass destruction, weapons and military equipment (Article 189);
- Failure to return to the territory of the Russian Federation, subjects of art, historical and
archeological heritage of the peoples of the Russian Federation and foreign countries (Article 190);
- Illicit trafficking in precious metals, natural precious stones or pearls (Art. 191);
- Violation of the rules state the date of precious metals and precious stones (v. 192);
- Non-return of funds in foreign currency (Art. 193);
- Evasion of customs duties levied on the organization or individual (Art. 194);
- Misconduct in bankruptcy (Article 195);
- Intentional bankruptcy (Article 196);
- Fictitious bankruptcy (Article 197);
- Tax evasion, and (or) the fees of an individual (Article 198);
- Tax evasion, and (or) the fees to organizations (Article 199);
- Consumer fraud (Article 200).
- We give a general description of the listed social and dangerous behavior in terms of elements of
the crime.
The object of these offenses is the economic activity of the state, individuals and legal entities. The
economy is harmed by the illegal enterprise, illegal loan, manufacture or sale of counterfeit money
or securities, smuggling, tax evasion, etc.
The subject of crime in the sphere of economic activity in most cases is a sane person who has reached
the time of the crime 16 years of age. But for some offenses require a specific subject. The subject of
misconduct in bankruptcy is the head, the owner of a debtor organization or individual entrepreneur
(Art. 195 of the Criminal Code), the subject of crime in the illicit loan (Article 176 of the Criminal
Code) is a sole proprietor or the head of the organization, with an offense under Art. 193 of the Criminal
Code (failure to return from abroad of foreign currency) may be subject only to the head of the
organization. Special subject of a crime directly specified in the hypothesis of special articles of the
Criminal Code.
The objective aspect of the crimes in question is characterized as a rule, the commission action. Upon
registration of illegal land transactions (Article 170 of the Criminal Code) is a distortion of the
credentials of the State Land Cadastre, the deliberate understatement of the size of payments for land,
the legalization of money or property acquired by illegal means (Article 174 of the Criminal Code)
includes the performance of financial transactions and other transactions with illegal funds and property,
their use for business and other economic activities.
Some crimes are committed by omission. The legislator establishes criminal liability for failure to return
to the territory of the Russian heritage of the people of various subjects of the Russian Federation and
foreign countries (Article 190 of the Criminal Code), non-return funds in foreign currency (Article 193
of the Criminal Code), evasion of customs duties (Art. 194 of the Criminal Code), tax evasion (Article
198, 199 of the Criminal Code).
An important element of the objective side is the characteristic of occurring, socially dangerous
consequences of the crime. Illegal loan must result in a bank or other creditor to large damages (Part 1 of
Art. 176 of the Criminal Code), or substantial damage to individuals, organizations or the State (Part 2 of
Art. 176 of the Criminal Code).
In the manufacture or sale of counterfeit money or securities of criminal liability on the part of an art.
186 CC comes with no damage to part 2 - in the commission of specified acts on a large scale.
Responsibility for illegal business (Article 171 CC) occurs when the infliction of serious injury to
citizens, organizations and government. In a footnote to this article of chapter 22 of the Criminal Code,
indicates the size of a large loss, revenue on a large scale. For example, smuggling (Article 188 of the
Criminal Code) is done at large scale, if the cost of moving goods more than 200 times the minimum
wage, illegal trafficking of precious metals, precious stones, pearls deemed committed in large scale if
the value of these items exceeds 500 minimum wages (note to Art. 191 of the Criminal Code), with tax
evasion (Article 198 of the Criminal Code), a citizen subject to criminal liability under part 1 when
performing actions on a large scale (in the amount of unpaid tax of more than 200 minimum wages), in
Part 2 for non-payment of taxes in large-scale (500 SMIC).
For criminal responsibility according to some formulations of the crimes do not need to attack any
consequences (Articles. 183, 189, 190). This so-called formal offenses.
Compulsory element of the objective side is a causal relationship between these social and dangerous
actions (inactions) in the economic sphere and come will be dangerous consequences.
From the standpoint of the subjective side, crimes in the sphere of economic activity are selfish in nature
and committed intentionally.
Economic crimes are new to the criminal law and related to the development of market relations in
Russia. They are designed to ensure normal economic development of the state, the emergence of market
relations, with the participation of citizens and legal entities.
6. Circumstances excluding criminality.
In the process of suppressing socially dangerous acts in the elimination of hazards causing
possible physical, material or other damage to the person who created the danger. Such actions
include the formal features of individual crimes, but under certain conditions, they are recognized
as legitimate, because they are not socially dangerous and prevent harm.
Under the circumstances that remove criminality, made socially useful and appropriate actions to
address threats to existing social relations. These Criminal Code (Chapter 8) include:
- Self-defense;
Injury during the arrest of the offender;
- The urgent need;
- Physical or mental coercion;
- A reasonable risk;
- Execution of orders or instructions.
-Defense - a defense of legitimate interests of the individual, society and state from criminal
attacks by encroaching harm (Article 37 of the Criminal Code). In theory, criminal law, release
conditions to be satisfied by an attack and defense against them with the necessary defense.
Encroachment on which citizens have the right to defend themselves by harming an attacker must
have:
1) a public health hazard (danger or harm to legally protected interests)
2) cash (start, but not yet consummated)
3) actual (really existing, and not imaginary, generated only by the imagination a person).
Terms of protection from abuse are:
1) protection is not any, but a legally defined interests of the individual, society and state;
2) harm to the defense when necessary to directly harms inflicted, not outsiders;
3) Protection shall not exceed the limits of necessary defense, ie, there should be a clear discrepancy
between the means of assault and
protection from it. Causing damage in excess of traversed
Defense is punishable under Art. 108 or Art. 114 of the Criminal Code.
In determining the proportionality of means of protection and means of attack is necessary to
consider the nature of the dangers of encroached and defending, their age, physical development,
the availability of weapons, time, location, encroachment and other circumstances.
Harm to the detention of the perpetrator (Article 38 of the Criminal Code). It is not a crime to harm
a person who committed the crime with his arrest for the conveyance of the authorities and prevent
them from committing new crimes, if other means to detain such a person could not be identified
and thus were not exceeded required for this action. If as a result of such excess is caused by death,
criminal liability under Art. 108 of the Criminal Code, the infliction of serious or moderate bodily
injury detainee - under Art. 114 of the Criminal Code.
Urgency is causing harm to legally protected interests, that is to eliminate the imminent danger to
the individual and the rights of the person or other persons legally protected interests of society or
the state, if this danger could be eliminated by other means, and this was not allowed exceeding the
limits of extreme necessity (Article 39 of the Criminal Code). For example, a cashier at risk of life
gives money to the robbers, the driver, preventing hitting a child is faced with standing on the side
of the car.
Decided to allocate the conditions relating to the impending danger and protection from it. The sources
of danger may be people's actions, the failure mechanisms of the elements (fire, water, earthquakes,
etc.), physiological processes (cold and hunger). The danger for emergency cash and must be valid
(see-defense).
Protected in such circumstances can only be legally protected interests. Causing harm to the interests of
one should be the only way to prevent harm to other interests. Urgent need is legitimate in cases where
the harm is less than the harm prevented. Human life or health is more precious than any property. You
can not save one good due to the injury sprawl good (for example, to save her life through someone
else's life). Harmful if absolutely necessary, as a rule, caused "third parties", ie citizens, legal persons
who are not involved in the creation of such a situation. However, their interests are harmed in the
rescue of another, legally protected interests. Exceeding the limits of extreme necessity entails criminal
liability only in cases of intentional infliction of harm.
In a situation of extreme necessity the court may in the circumstances of the case to assign the duty to
compensate for damage to the person for whose benefit the harm has been caused.
Physical or mental coercion (Article 40 of the Criminal Code) excludes the criminality of an act if there
has been a real constraint, so that a person should not be able to control his actions (or inactions). The
question of criminal liability for injury in this situation is solved subject to the provisions of Art. 39 of
the Criminal Code (emergency).
Reasonable risk (Article 41 of the Criminal Code). It is not a crime to harm to legally protected
interests at risk in order to achieve sound public benefit goal.
The risk is justified if the goal can be achieved is not associated with the risk of actions (inactions) and
the person who committed the risk, took reasonable steps to prevent harm.
Risk can not be justified if it is known to involve a threat to the lives of many people, the threat of
social disaster, ecological catastrophe.
Execution of the order or orders (Article 42 of the Criminal Code). In the case of a person acting
pursuant to a binding order or instruction, and harm the interests protected, it can not be held
responsible for these actions. Criminally responsible for causing such harm is a person who gave
the illegal order or instruction.