Weapons are being purchased more and more often in the modern world. And they use it without permission. This is a criminal offense. At least in Russia. Art. “responsible” for the corresponding crime. 222 of the Criminal Code. Please note that this is where all possible measures of criminal prosecution are prescribed. The sale, purchase, storage, transportation or carrying of weapons (as well as their parts and other components), recognized as illegal, will certainly be punished. But how exactly? What do violators get for their crimes?
What is allowed
It’s worth noting right away that you can carry civilian weapons. And it does not require any additional documents. If you find this category of weapon, nothing will happen to you. No criminal liability.
What is considered a civilian weapon? Firstly, accessories used for hunting, as well as for sports. Secondly, devices designed for cultural development and learning. Thirdly, these are means of self-defense (for example, pocket stun guns).
Please note that firearms permitted to be carried and stored without additional documents must not be capable of firing in bursts. And the drum can hold no more than 10 rounds. The exception is sporting weapons.
Probation
So what does Art. 222 of the Criminal Code of the Russian Federation? Of course, the sale, transfer, storage, acquisition and carrying of weapons will be punished if the above acts are recognized as illegal. In Russia there is criminal liability for this. Only the court can decide on exact preventive measures. The instructions in the Criminal Code are only a kind of “support” that should be addressed when making a final decision. Basically, the degree of punishment depends on the situation as a whole.
Clause 1 of Art. 222 of the Criminal Code of the Russian Federation indicates that a suspended sentence is imposed for the committed act. Or restriction of freedom. For illegal communication with weapons and their components, you will have to put up with a so-called suspended sentence. Not too harsh a punishment. And it lasts for a maximum of 3 years. Remember, carrying civilian weapons is allowed if it meets special standards.
Illegal arms trafficking is a criminal offense
First, let’s figure out what “turnover” is? These are all types of activities associated with the use of a certain type of weapon, including import into the Russian Federation and export from the country. The modern Criminal Code of the Russian Federation provides for several articles (222-226.1), which provide for punishment for illegal actions involving the use of various weapon models, ammunition, and explosives. We list the actions that are considered criminal offenses:
- illegal possession;
- illegal acquisition;
- illegal transfer;
- illegal production;
- illegal carrying;
- illegal sales;
- illegal transportation;
- theft.
In addition, individual officials may bear administrative responsibility for incorrect registration or unreasonable issuance of a license to store/carry a hunting rifle, limited destruction weapon, etc.
In a number of cases, administrative liability can be applied to citizens - here a lot depends on the type of weapon, that is, the subject of the act.
Works
So-called forced public works also take place. The defendant in the case of illegal acquisition, storage, transportation, as well as transfer, sale or carrying of weapons can be sentenced to a kind of labor. It is expressed as forced labor.
The exact deadline is set by the court after all the circumstances of the case have been clarified. However, according to Art. 222 of the Criminal Code, the maximum duration of such punishment is not too long. Only 4 months. In practice, this measure is used extremely rarely. More often than not, more serious penalties are imposed for illegal “communication” with weapons.
Under arrest
For example, arrest. It’s not the most serious measure yet, but it’s the one that makes people think. The thing is that from the text of Article 222 of the Criminal Code (do not confuse with Article 222 of the Civil Code of the Russian Federation, this is a completely different violation) it follows: a person convicted of illegal storage, sale, transportation, carrying and transfer of weapons, as well as their components and ammunition, can be sentenced to arrest.
What is the deadline? Again, it all depends on the specific situation. But from the text of the article it follows that the maximum here is set at six months. Arrest for 6 months or less is another punishment for the crime committed. This “punishment” is used only in the absence of any special conditions. More on them a little later.
Who can be involved
For the commission of most crimes that are covered by the concept of “illegal trafficking in weapons,” any person over 16 years of age can be held accountable. Teenagers over 14 years of age may also be charged for some crimes in this area:
- if the actions are related to the illegal trafficking of explosive devices or explosives, including their production (that is, Articles 222.1, 223.1 of the Criminal Code of the Russian Federation);
- if the actions are related to the theft or extortion of any weapons or ammunition.
As for judicial practice, sentences against minors under Art. Art. 222-226 of the Criminal Code of the Russian Federation are issued quite rarely.
Officials whose work is related to issuing a license, destroying cartridges, etc., can only bear administrative liability for violations committed in their activities.
Prison + fine
What else can be relied upon for committing this act? For example, imprisonment. And, the “bonus” is the payment of a fine. This is an optional measure, but it is extremely common in many cases. If it is possible to assign a payment to the state, this is usually done.
In Art. 222 of the Russian Federation (Criminal Code) states that illegal storage, sale, transfer, carrying, acquisition of weapons or their components (and ammunition) is punishable by prison. For a period of up to 4 years inclusive. A fine of up to 80,000 rubles may also be imposed. Or payments can be presented in the form of the convicted person’s income for no more than 3 months. This could be a part-time job, salary or other sources of (legal) funds.
Manufacturing
Weapons production in Russia is the prerogative of state and private paramilitary enterprises, whose control is so strict that almost every gram of raw materials used for cartridges and components is subject to counting. The Supreme Court of the Russian Federation, in a resolution of the Plenum of March 12, 2002, stipulates in a separate paragraph that relations between paramilitary enterprises in production and supply, subject to the Law “On Weapons,” do not entail any liability.
Production in artisanal conditions, without control and without a special license is criminally punishable; liability for this is provided for in a separate article 223 of the Criminal Code of the Russian Federation, which prohibits three possible actions:
- direct manufacturing, that is, creation - for example, when one weapon is assembled from components of different types of weapons - it may look completely different from the models whose parts were used;
- alteration - for example, when a firearm is produced from a flare gun, an air pistol or a sports weapon, which falls under the characteristics of a civilian weapon, that is, prohibited in circulation without a special permit. The appearance of the converted item is almost completely preserved, but the functions change;
- repair - when a faulty gun is repaired, as a result of which it becomes possible to use it to hit a target.
Punishment for such actions can reach up to 8 years in prison. In cases where the subject of the crime is a weapon of limited destruction (traumatic) or gas, the punishment is milder - up to 2 years in prison.
Article 223.1 of the Criminal Code of the Russian Federation provides for liability for the illegal manufacture (as well as alteration, repair) of explosive devices; punishment can be imposed for a term of up to 12 years in prison with an additional fine of up to 500,000 rubles.
For a group
Special punishment is provided for in Article 222 of the Criminal Code (not to be confused with Article 222 of the Civil Code of the Russian Federation) for the acts mentioned above, but with a certain “complicating” point. We are talking about a conspiracy by several persons. That is, when the acquisition, sale, storage, transportation or carrying of weapons and its components is carried out by several persons or a group.
These violations will be punished criminally. Imprisonment and fine. Exactly the same as in the previous case. Only now the terms and amounts of payments will be longer. Imprisonment for a term of 2 to 6 years, and a fine of up to one hundred thousand rubles. Or you can hope to assign “compensation” in the form of income for a period not exceeding six months.
It is worth paying attention to the fact that the group that committed the violation should not be considered some kind of organized association. Otherwise Art. 222 (part 2) loses its legal force. Instead, the case will be considered taking into account Part 3 of this article of the Criminal Code of the Russian Federation. Therefore, it is important to know which group acted - organized or simply by prior agreement. It's a huge difference.
Comments to Art. 222 and art. 223 of the Criminal Code of the Russian Federation
Commentary on the Criminal Code of the Russian Federation Edition 2, amended and supplemented
Under the general editorship of the Prosecutor General of the Russian Federation, Professor Yu.I. Skuratov and Chairman of the Supreme Court of the Russian Federation V.M. Lebedeva
Article 222. Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices
1. Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, ammunition, explosives or explosive devices - shall be punishable by restriction of liberty for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to three years. with a fine in the amount of two hundred to five hundred minimum wages or in the amount of wages or other income of the convicted person for a period of two to five months, or without it.
2. The same acts, committed by a group of persons by prior conspiracy or repeatedly, are punishable by imprisonment for a term of two to six years.
3. Acts provided for in parts one or two of this article, committed by an organized group, are punishable by imprisonment for a term of three to eight years.
4. Illegal acquisition, sale or carrying of gas weapons, edged weapons, including throwing weapons, with the exception of those areas where the carrying of edged weapons is part of the national costume or is associated with hunting, is punishable by compulsory labor for a term of one hundred eighty to two hundred forty hours, or correctional labor for a term of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years with a fine in the amount of up to two hundred minimum wages or in the amount of wages or other income of the convicted person for a period of up to two Months or without it.
Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability unless his actions contain another crime.
Comments
1. When interpreting the signs of crimes described in Art.
222-226 of the Criminal Code, it is necessary to be guided by the provisions of the Federal Law “On Weapons” of November 13, 1996, which comes into force on July 1, 1997, and the resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of theft and illegal trafficking of weapons, ammunition and explosives" dated June 25, 1996 No. 5. 2. The object of the crime is public safety. Recently, the public danger of crimes related to weapons trafficking (Articles 222-226) has increased significantly. A large number of weapons are illegally owned by the population. Illegal arms trafficking, being dangerous in itself, also facilitates the commission of other crimes of a violent nature.
3. The objective side of the crime in question is the illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, ammunition, explosives and explosive devices.
4. The subject of the crime provided for in Part 1 of Art. 222 of the Criminal Code, may be weapons, ammunition, explosives or explosive devices.
In cases where special knowledge is required to decide whether the items that the perpetrator illegally acquired, transferred, sold, stored, transported or carried are weapons, ammunition, explosives or explosive devices, an examination is necessary in the case.
According to Article 1 of the said Law, weapons are understood as devices and objects that are structurally designed to destroy a living or other target, or to send signals. Weapons do not include products certified as household and industrial products, or sports equipment that is structurally similar to weapons.
A firearm is understood as a weapon that is structurally designed to mechanically destroy a target at a distance with a projectile that receives directional movement due to the energy of a powder or other charge.
In accordance with the said Law, weapons, depending on the purpose of use, as well as according to the main parameters and characteristics, are divided into: 1) civilian; 2) official; 3) combat hand-held rifle and cold. The characteristics of these types of weapons are given in Art. 3-5 of the indicated 3rd law. Civilian firearms, in particular, include smooth-bore long-barreled firearms, including those with traumatic cartridges; domestically produced barrelless firearms with traumatic, gas and light-sound cartridges; firearms for sporting purposes with a rifled or smooth-bore barrel; hunting firearms with a rifled barrel; smooth-bore hunting firearms, incl. with a threaded part length of more than 140 mm; combined hunting firearms (rifled and smooth-bore), including those with interchangeable and inserted rifled barrels. Firearms for service include long-barreled firearms and rifled short-barreled weapons of domestic production, as well as smooth-bore long-barreled firearms. A military handgun is a firearm.
Firearms do not include gas weapons, edged weapons, and throwing weapons. They are the subjects of a crime described in Part 4 of Art. 222 of the Criminal Code.
Firearms do not include air guns, i.e. a weapon designed to hit a target at a distance with a projectile receiving directed movement due to the energy of compressed, liquefied or rejected gas (Article 1 of the Law).
Firearms do not include signal weapons, i.e. weapons that are structurally intended only to produce light, smoke or sound signals (Article 1 of the Law).
It is recommended that firearms in paragraph 3 of the said resolution of the Plenum of the Supreme Court of the Russian Federation include rifles, carbines, pistols and revolvers, machine guns and machine guns, mortars, grenade launchers, cannons, and other types of firearms, regardless of caliber; including hunting smooth-bore firearms and hunting firearms with a rifled barrel (clause “c” of Article 5 of the Weapons Law).
5. Ammunition, according to Art. 1 of the Law on Weapons are weapons and projectile equipment intended to hit a target and containing explosive, propelling, pyrotechnic or expelling charges or a combination thereof.
The category of ammunition, regardless of the presence or absence of explosive means, includes artillery shells and mines, military-engineering demolition charges and mines, hand-held rocket-propelled anti-tank grenades, combat missiles, aerial bombs, etc., intended to destroy people. Ammunition also includes types of factory-made and home-made cartridges for various firearms, regardless of caliber, with the exception of cartridges that do not have a striking element (a projectile - bullets, buckshot, shot, etc.) and are not intended to hit a living target.
In accordance with Art. 1 of the Law, a cartridge is a device intended for firing from a weapon, combining into one unit, with the help of a cartridge case, the means of initiation, the propellant charge and the projectile equipment.
6. By explosives, the Plenum of the Supreme Court of the Russian Federation (in paragraph 4, paragraph 3 of the said resolution) recommends understanding chemical compounds or mechanical mixtures of substances capable of rapid self-propagating chemical transformation - an explosion.
Explosives include TNT, ammonites, plastites, elastites, black and smokeless powder, solid rocket fuel, etc.
7. Explosive devices consist of an explosive substance and a special device designed to initiate an explosion (for example, a fuse, a detonator, a fuse, etc.).
Explosive devices can be industrially manufactured or homemade.
8. Certain types of trafficking in weapons and similar items are criminally punishable, in particular those committed through the acquisition, transfer, sale, storage, transportation or carrying of these items.
Under the circulation of weapons Art. 1 of the Law on Weapons understands the production of weapons, trade in weapons, sale, transfer, acquisition, collecting, exhibiting, accounting, storage, carrying, transportation, transportation, use, removal, destruction, import of weapons into the territory of the Russian Federation and their export from the Russian Federation.
The basis for the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation is a certificate of conformity (Article 7 of the Weapons Law). The restrictions imposed on the circulation of civilian and service weapons are regulated in Art. 6 of the said Law. In accordance with Art. 9 of this Law, the production of weapons, trade in them, their acquisition, collecting or exhibiting on the territory of the Russian Federation are subject to licensing, with the exception of the production and acquisition of weapons by state paramilitary organizations. Licenses for the sale of weapons, their acquisition, collection or exhibition are issued by internal affairs bodies (see Article 9 et seq. of the said Law). By order of the Minister of Internal Affairs of the Russian Federation dated July 25, 1994, the Instructions on the procedure for recording, storing and issuing licenses for the right to sell and purchase service and civilian weapons were approved. The procedure for storing, carrying and using weapons by military personnel is regulated by the Law of the Russian Federation “On the Status of Military Personnel” and general military regulations.
In accordance with Art. 22 and 25 of the said Law, the requirements for the storage conditions of various types of civilian and service weapons and ammunition for them, as well as the rules for transporting weapons, are determined by the Government of the Russian Federation.
The circulation of weapons in violation of the rules established by the listed regulations is considered illegal.
The acquisition of the listed items should be understood as their purchase, receipt as a gift or in payment of a debt, in exchange for goods and things, appropriation of what was found, etc. (paragraph 4, paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation).
The theft of weapons and similar items is not an acquisition in the sense of Art. 222 of the Criminal Code and is qualified under Art. 226 of the Criminal Code.
Theft and subsequent carrying, storage of weapons, etc. are assessed based on the totality of crimes under Art. 226 and 222 of the Criminal Code (clause 15 of the resolution of the plenum of the Supreme Court of the Russian Federation).
The transfer of weapons involves the actions of an intermediary during the alienation, sale and other operations) of weapons by its owner, as well as the transfer of weapons by the owner himself into someone else’s possession (for example, for storage, (temporary use).
Judicial practice recognizes the sale of these items as their sale, donation, exchange, transfer in payment of a debt or for temporary use, etc. (paragraph 6, paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation).
The illegal storage of weapons and other items of crime should be understood as the presence of these items in premises, hiding places, as well as in other places that ensure their safety (paragraph 2, paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation). Premises should include both office and residential premises; garages, sheds and similar places are other places that ensure the safety of weapons. A cache is a hidden place, a hidden storage.
A person who found a weapon, but did not appropriate it and did not take measures to further conceal it, is not subject to liability under Art. 222 of the Criminal Code. On the contrary, a person who changes the location of storage of a discovered foreign weapon has essentially acquired and stored it.
The illegal carrying of weapons and other objects of crime should be understood as their presence in the clothes or directly on the body of the accused, as well as their carrying in a bag, briefcase and similar items (paragraph 1, paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation).
The presence of weapons and similar items in a vehicle owned by the perpetrator without the appropriate permit should be qualified as their storage or carrying, depending on the specific circumstances of the case (paragraph 3, paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation).
Transportation of objects of this crime is considered to be their movement by any type of transport (both freight and passenger) for any purpose (for one’s own needs, under a contract, for the purpose of sales, etc.).
The corpus delicti is formal. The crime is completed at the moment of committing the listed actions. The occurrence of consequences for bringing to criminal liability is not required, but they can be taken into account when individualizing responsibility.
9. The subject of this crime is any person who has reached the age of sixteen and illegally handles weapons.
10. The subjective side of the crime is expressed exclusively in direct intent. The person is aware that he is illegally acquiring, transferring, selling, storing, transporting or carrying the items in question, and wishes to commit precisely these actions.
A person’s misconception regarding the subject of the crime excludes intentional guilt and liability under this article. For example, a person transports goods in which the owner of the goods has hidden weapons or ammunition.
11. Qualifying and especially qualifying characteristics include the commission of a crime:
a) by a group of persons by prior conspiracy;
b) repeatedly;
c) an organized group of persons (parts 2 and 3 of Article 222 of the Criminal Code).
The definitions of the concepts “group of persons by prior conspiracy” and “organized group” are given in parts 2 and 3 of Art. 35 of the Criminal Code.
Repeatability should be determined in accordance with Part 1 of Art. 16 of the Criminal Code.
The commission of a crime under Parts 1-3 of Art. is considered repeated. 222 of the Criminal Code, if it was preceded by the commission of one or more crimes provided for in Parts 1-3 of Art. 222 of the Criminal Code. The presence of a criminal record for previous crimes does not matter for qualification on the basis of repetition. However, in cases of removal or expungement of a criminal record, repetition cannot be recognized.
Attention should be paid to the fact that with repetition we are talking about two crimes that have a gap in time. So, if a person illegally acquires, then keeps and carries a firearm, then what he has done should be recognized as a single crime falling under the signs of Part 1 of Art. 222 of the Criminal Code. On the contrary, if a person alone illegally acquires firearms, stores them and later, as part of a group of persons, acquires, for example, ammunition and weapons, then the act should be assessed as repeated acquisition of firearms and ammunition by a group of persons by prior conspiracy (Part 2 of Article 222 ).
The repeated commission of actions provided for in Parts 1-3 of Art. 222 of the Criminal Code, after performing the actions provided for in Part 4 of Art. 222 of the Criminal Code. The elements of the crimes described in parts 1 and 4 of Art. 222 of the Criminal Code are relatively independent. Qualifying and especially qualifying signs in parts 2 and 3 of Art. 222 of the Criminal Code relate only to the main composition provided for in Part 1 of Art. 222 of the Criminal Code. Thus, for example, there will be no repeated acquisition of firearms made after the illegal acquisition of bladed weapons.
12. Part 4 art. 222 of the Criminal Code provides for liability for the illegal acquisition, sale or carrying of gas weapons, edged weapons, including throwing weapons, with the exception of those areas where the carrying of edged weapons is part of the national costume or is associated with hunting.
The definition of the subject of the crime - gas, bladed weapons, including bladed throwing weapons - is given in Art. 1 of the Weapons Law and para. 5 clause 3 of the resolution of the Plenum of the Supreme Court of the Russian Federation.
Gas weapons are weapons designed to temporarily kill a living target through the use of tear or irritant substances. Pneumatic weapons (see paragraph 4 of the commentary to this article) do not apply to gas weapons. In accordance with Art. 3 of the Law on Weapons, civilian gas weapons include: gas pistols and revolvers, including cartridges for them, mechanical sprayers, aerosol and other devices equipped with tear or irritant substances approved for use by the Russian Ministry of Health.
Melee weapons are weapons designed to hit a target using human muscle power in direct contact with the target.
Edged weapons include bladed weapons (daggers, combat, national, hunting knives that are weapons; bayonets, sabers, checkers, swords, etc.), other weapons of cutting, piercing, chopping or mixed action (bayonets, spears , battle axes, etc.), as well as weapons with impact-crushing action (brass knuckles, nunchucks, flails, etc.).
A projectile weapon is a weapon designed to hit a target at a distance with a projectile that receives directed movement using the muscular power of a person or a mechanical device.
Edged weapons can be manufactured industrially or homemade.
In cases where special knowledge is required to decide whether the objects of a crime are knives, an examination of the case is necessary.
The concepts of acquisition, sale and storage of gas, cold steel, including throwing weapons are interpreted similarly to the concepts used in Part 1 of Art. 222 of the Criminal Code.
Please note that the transfer, storage and transportation of gas and bladed weapons does not entail criminal liability.
Areas where carrying bladed weapons is part of the national costume or is associated with hunting include, for example, Dagestan, Kabardino-Balkaria, and North Ossetia.
13. In accordance with the note to Art. 222 of the Criminal Code, a person who voluntarily surrendered the items specified in this article is exempt from criminal liability unless his actions contain another crime.
The voluntary surrender of firearms and other items of crime should be understood as the surrender of these items by a person of his own free will, regardless of motives. The voluntariness of the surrender of firearms and other items can be evidenced by the fact of their issuance or notification of their location to the authorities if there is a real possibility of their further storage (clause 18 of the resolution of the Plenum of the Supreme Court of the Russian Federation). Voluntary judicial practice recognizes the surrender of these items, both on one’s own initiative and on the advice of other persons, including by order of the authorities, obliging the surrender of weapons of a certain kind.
In case of voluntary surrender of those mentioned in Part 1 of Art. 222 of the Criminal Code, persons are exempt from criminal liability for all types listed in Parts 1 and 4 of Art. 222 of the Criminal Code of Actions.
14. The commission of a crime with the use of weapons by the perpetrator, for example, robbery with the use of firearms (clause “d”, part 2 of article 162), is classified independently. Additional imputation of Art. 222 of the Criminal Code is not required.
15. Illegal acquisition, carrying and similar actions with weapons and other items of this crime (Article 222) for the purpose of committing another crime are assessed in the aggregate as a completed crime under Art. 222 of the Criminal Code and preparation to commit another crime (clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation).
16. The use of weapons for necessary defense does not exclude liability for their illegal acquisition or carrying under Art. 222 of the Criminal Code.
17. Transferring a weapon to another person for temporary use in order to commit a crime should be considered as complicity in the commission of a crime (see commentary to Part 5 of Article 33).
Article 223. Illegal manufacture of weapons
1. Illegal manufacture or repair of firearms, their components, as well as illegal manufacture of ammunition, explosives or explosive devices - shall be punishable by imprisonment for a term of up to three years.
2. The same acts, committed by a group of persons by prior conspiracy or repeatedly, are punishable by imprisonment for a term of two to six years.
3. Acts provided for in parts one or two of this article, committed by an organized group, are punishable by imprisonment for a term of four to eight years.
4. Illegal production of gas weapons, bladed weapons, including throwing weapons, is punishable by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or correctional labor for a term of one to two years, or arrest for a term of four to six months, or imprisonment for up to two years.
Note. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability unless his actions contain another crime.
Comments
1. The object of the crime is public safety.
2. The objective side of this crime is expressed in the illegal manufacture or repair of firearms, components for them, as well as in the illegal manufacture of ammunition, explosives or explosive devices.
3. The subject of this crime is a firearm, its components, ammunition, explosives and explosive devices.
The definition of the concepts “firearms”, “ammunition”, “explosives” and “explosive devices” is given in the commentary to Part 1 of Art. 222 of the Criminal Code.
In accordance with what is mentioned in the commentary to Art. 222 of the Criminal Code, by the resolution of the Plenum of the Supreme Court of the Russian Federation (paragraph 2, paragraph 2), component parts for firearms should be understood as the main parts of the firearm that determine its functional purpose (barrel, trigger and locking mechanism, as well as other parts of the weapon, if they in combination they allow the weapon to be used for its intended purpose - firing a shot).
In accordance with Art. 1 of the Law on Weapons of November 13, 1996, the main parts of a firearm are understood to be the barrel, bolt, drum, frame, receiver.
4. The term “manufacture of weapons” must be interpreted in accordance with the term “production of weapons”, which is defined in Art. 1 of the said Law. Weapons production means research, development, testing, manufacturing, as well as artistic finishing and repair of weapons, manufacturing of ammunition, cartridges and their components. In accordance with Art. 9, 16 of this Law, the production of weapons on the territory of the Russian Federation is subject to licensing, with the exception of the production of weapons by state paramilitary organizations. Licenses for the production of weapons are issued for a period of three years by bodies authorized by the Government of the Russian Federation.
5. Article 223 provides for criminal penalties only for the manufacture or repair of weapons. Other actions related to the production of weapons are not punishable.
The manufacture of weapons, components for them, ammunition, explosives and explosive devices should be understood as their creation in finished form, as well as the alteration of any items (for example, rocket launchers, gas, starting and construction pistols, household items or sports equipment, etc.), as a result of which they acquire the properties of firearms and other items of this crime. Repair of firearms and components for them involves the restoration of their lost destructive properties (paragraph 5, paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation). As a result of the repair, the weapon and its components can be used for their intended purpose.
6. The crime is considered completed at the moment the weapon and similar items are created in finished form (during manufacture) and at the moment the process of restoring their damaging properties is completed (during repair). The technological process of producing or repairing weapons and similar items in itself is an attempt to commit a crime under Art. 223 CC.
7. The elements of the crime provided for in Part 1 of Art. 223 (and equal to parts 2, 3 14 of article 223) of the Criminal Code, is formal. The occurrence of any consequences does not matter for qualification.
8. The manufacture (or repair) of weapons and their subsequent carrying, sale and similar actions are assessed according to the totality of the crimes of Art. 222 and 223).
9. The theft of individual components and the manufacture of other components of a firearm for the purpose of subsequent assembly, illegal manufacture of weapons, if these actions are committed by one person, are assessed on a cumulative basis (Part 1 of Article 223 and Part 1 of Article 226).
If the theft of component parts is committed by one person, and the manufacture of other parts and assembly of weapons by another, then the actions of each person are qualified separately (the first person - under Article 226, the second - under Article 223). The sign of a group of persons (in the presence of a preliminary conspiracy) does not change, since each crime was committed by one person. However, the possibility of being held accountable for incitement and other forms of complicity (Article 33) cannot be ruled out if one of these persons initiated the commission of a crime by another person, persuaded someone else to commit a crime, etc. For example, a person who stole parts , persuades another person to manufacture the missing parts and assemble a weapon suitable for use (part 1 of article 223 - for the manufacturer and clause 4 of I. 33, part 1 of article 223, as well as part 1 of article 226 - for the instigator ).
10. The acquisition, storage (and similar actions) of faulty components of a firearm without the intention of repairing them does not constitute a crime (Part 1 of Article 222, 223).
11. The acquisition of unusable components (in addition to theft) for the purpose of their subsequent repair must be considered as preparation for committing a crime under Part 1 of Art. 223 CC.
12. The subject of this crime is. any person who has reached the age of sixteen.
13. The subjective side is expressed exclusively in direct intent. The person is aware that he is illegally manufacturing or repairing the listed Items, and wants to commit precisely these actions.
14. In part 2 of Art. 223 of the Criminal Code, the qualifying criteria include the commission of a crime described in Part 1 of the same article: 1) by a group of persons by prior conspiracy; 2) repeatedly.
In Part 3 of Art. 223 of the Criminal Code includes the commission of an act provided for in Part 1 or 2 of Art. 223 of the Criminal Code, organized by a group of persons.
The definitions of the concepts “group of persons by prior conspiracy” and “organized group” are given in parts 2 and 3 of Art. 35 of the Criminal Code.
Repeatability should be determined in accordance with Part 1 of Art. 16 of the Criminal Code. The commission of a crime under Parts 1-3 of Art. will be repeated. 223 of the Criminal Code, if it was preceded by the commission of one or more crimes provided for in Parts 1-3 of Art. 223 CC. Having a criminal record for previous crimes does not matter for qualification. However, in cases of removal or expungement of a criminal record, repetition cannot be recognized.
Repeated manufacture or repair of items listed in Part 1 of Art. 222 of the Criminal Code, after the illegal manufacture of the items listed in Part 4 of Art. 222 of the Criminal Code.
The elements of crimes in parts 1 and 4 of Art. 223 of the Criminal Code are relatively independent. Qualifying and especially qualifying features of Parts 2 and 3 of Art. 223 of the Criminal Code relate only to the main composition described in Part 1 of Art. 223 CC. Thus, for example, there will be no repetition in the case of the manufacture of firearms committed after the illegal manufacture of bladed weapons.
15. Part 4 art. 223 of the Criminal Code provides for liability for the illegal manufacture of gas weapons, bladed weapons, including throwing weapons.
Interpretations of the concepts “gas, cold, including throwing weapons” are given in the commentary to Part 4 of Art. 222 of the Criminal Code.
The concept of “illegal manufacture” of gas, cold steel, including throwing weapons is interpreted similarly to the same concept in Part 1 of Art. 223 CC.
It should be noted that illegal repairs of gas and cold weapons, including throwing weapons, do not entail criminal liability.
16. In accordance with the note to Art. 223 of the Criminal Code, a person who voluntarily surrendered the items specified in this article is exempt from criminal liability unless his actions contain another crime.
The voluntary surrender of these items should be understood as the surrender by a person of the items of a crime of his own free will, regardless of motives. The voluntariness of surrender can be evidenced by the fact of issuing such items or reporting to authorities about their location with a real possibility of their further storage (clause 18 of the resolution of the Plenum of the Supreme Court of the Russian Federation). Voluntary judicial practice recognizes the delivery of these items both on one’s own initiative and on the advice of other persons, including by order of the authorities.
It should be noted that the voluntary surrender of weapons and similar items exempts you from liability for illegal manufacturing, repair (Article 223), storage and other actions (Article 222), but does not exempt you from liability for theft or extortion of the items listed in Part 1 Art. 223 and in part 1 of Art. 226 of the Criminal Code. Consequently, a person who stole, for example, components for a firearm for the purpose of assembling a weapon, is exempt from liability under Art. 223 of the Criminal Code, but is subject to liability under Art. 226 of the Criminal Code.
17. The illegal manufacture or repair of weapons and other items for the purpose of committing another crime is a combination of a completed crime (under Article 223) and preparation for committing another crime (clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation).
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Organization
If the illegal acquisition, sale, storage, transfer, transportation or carrying of weapons and their ammunition (components) was committed through an organized group, in accordance with Art. 222 of the Criminal Code, a more serious punishment will be required. Although there will be no special differences from all other measures of punishment. Except in the length of imprisonment and the size of the fine imposed.
In the first case, you can expect that the violators (each of them) will be given a term of 5 to 8 years in prison. The more serious the crime, the harsher the punishment. The Criminal Code (not Article 222 of the Civil Code) states that penalties for working in an organized group vary. They can reach two hundred thousand rubles. But there is a minimum here. And it amounts to 100,000. If we talk about the fine expressed as the income of the convicted person, it is charged in amounts from 12 to 18 months. Judicial practice demonstrates the maximum punishment for a violation committed with the participation of an organized group. Violators are more likely to be sentenced to 8 years in prison and a maximum fine.
Administrative responsibility
Article 20.8 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of officials and legal entities for:
- violation of the requirements of the law on the production, sale, destruction or accounting of weapons and ammunition for them (punishment - a fine of up to 500,000 rubles);
- significant violation of licensing requirements in the production of defense items (punishment - disqualification of officials for up to one year, suspension of the work of a legal entity for up to 60 days);
- violation of the procedure for issuing confirmation of completion of training, testing knowledge of safe handling of weapons or a medical permit to carry and store (punishment - disqualification of officials for up to one year, a fine of up to 50,000 rubles).
Most often, according to Art. 20.8 of the Code of Administrative Offenses of the Russian Federation, employees of gun stores are hired where citizens can make a purchase. These organizations operate strictly under a license; any violation of the procedure for the sale, accounting or storage of weapons or ammunition entails quite harsh measures. Also, often the objects of inspection by law enforcement agencies are medical organizations that offer services for issuing commission opinions on the health status of the future owner of the gun.
But not only officials or legal entities can be prosecuted under the Code of Administrative Offenses of the Russian Federation for violations related to the circulation of weapons. The same article (parts 4-6) also provides for the responsibility of citizens for:
- violation of the rules of storage, carrying or destruction - should not be confused with illegal storage, carrying, etc. Violations of the rules of storage or carrying may consist, for example, in the absence of a safe in the house at all or in the absence of a locking device in it. At the same time, the gun, stored with such violations of the law, was purchased in accordance with all the rules and with permission;
- carrying a weapon by a person who is intoxicated (alcohol or drugs). For liability under this norm of the Code of Administrative Offenses of the Russian Federation, the fact of the citizen’s consumption of alcoholic beverages or prohibited narcotic (psychotropic) substances must be established, and a medical examination must be carried out;
- a similar offense for refusing to undergo examination;
- offenses related to gun collecting regulations;
- Illegal trafficking of traumatic or firearms smooth-bore long-barreled weapons - acquisition, storage, carrying, transfer, transportation, sale (other forms of sales and manufacturing entail criminal liability).
Punishment that may be imposed on individuals under Art. 20.8 of the Code of Administrative Offenses of the Russian Federation, varies from 500 rubles (for a regular violation of storage rules) to confiscation of the subject of the offense (a gun) and arrest for 15 days (for example, for the illegal sale of an LLC). A legal entity for similar actions may be subject to a fine of up to half a million rubles.
In practice, there are cases when a person’s actions contain both signs of an administrative offense and a criminal offense.
Example No. 2 . Nosov N.G. actually took over the inheritance after the death of his father and settled in his house. Later, he registered the house in his name, receiving a certificate of inheritance. A few years later, he discovered his father’s gun in the attic of the house, for which there were no documents. Nosov N.G. I did not apply for a license because I found the bureaucratic procedure of contacting the licensing department too time-consuming and expensive. When the fact of storage was revealed, in relation to Nosov N.G. a criminal case was initiated under Art. 222 of the Criminal Code of the Russian Federation for illegal possession of weapons, which was subsequently terminated due to the presence in Nosov’s actions only of an administrative offense provided for in Part 6 of Art. 20.8 of the Code of Administrative Offenses of the Russian Federation (illegal acquisition and storage of civilian firearms smoothbore), he was given a fine of 5,000 rubles with confiscation of the hunting rifle.
The example shows that objectively, Nosov’s actions contain signs of illegal storage within the meaning of Art. 222 of the Criminal Code of the Russian Federation and within the meaning of Part 6 of Art. 20.8 Code of Administrative Offenses of the Russian Federation. Administrative law applies.
Last resort
Part 4 of the Criminal Code of the Russian Federation (Article 222) provides for the last case in which this law can be invoked. We will talk about the illegal handling of civilian smooth-bore firearms, cold propellant and gas “types”. In such a situation, it is quite difficult to assign punishment. After all, there are many possible measures to prevent crime. And deciding on them is not so easy. Many factors must be taken into account during a trial. In practice, it can be noted that the use of a civilian “firearm”, as well as other types of weapons specified in Part 4 of Art. 222 of the Criminal Code of the Russian Federation is not as dangerous as, for example, working in an organized group. Therefore, the penalties in some cases are not so serious.
Compulsory, corrective and forced labor are the main features of the crime committed. In practice, these types of labor occur frequently. Their duration is accordingly:
- up to 480 hours;
- 1-2 years;
- up to 24 months.
True, not everything always works out so simply. In addition to a variety of labor, the convicted person may be sentenced to restriction of freedom with forced labor for a specified period. How long will it take to “put up with” the first part of the court decision? Up to 2 years. Arrest for up to six months is another measure that is imposed on a violator for illegal “communication” with civilian weapons and other forms specified in Part 4 of Art. 222 of the Criminal Code.
The last thing you can expect is jail time. And in some circumstances - a fine. Imprisonment lasts up to 2 years, and the fine reaches 80 thousand. Or it is confiscated in the form of the income of the accused of a crime for the last 6 months.
Qualification under Article 222 of the Criminal Code of the Russian Federation
Let's consider the types of crimes related to illegal trafficking in weapons, ammunition and explosives, which are contained in Art. 222 of the Criminal Code of the Russian Federation.
Illegal acquisition of weapons
These are any actions aimed at obtaining weapons without complying with the rules established by the federal legislation of the Russian Federation: purchase, exchange for any value, receipt as a gift, in payment of a debt, etc.
A discovery can also be considered an illegal acquisition. There are cases when teenagers find weapons abandoned (or hidden) by someone in abandoned garages or houses. According to the legislation of the Russian Federation, you should immediately report this to the police, otherwise the finder faces criminal liability.
Often, illegal acquisition can occur when a weapon is taken possession of during the commission of a crime - then the person’s actions can also be qualified under Art. 222 of the Criminal Code of the Russian Federation and at the same time under another article of the Criminal Code of the Russian Federation, the characteristics of which fall under the main act.
Example No. 3 . The leader of an organized group “gave the task” to his subordinates to eliminate a criminal competitor by killing him. To do this, he supplied two of his assistants with two revolvers, allowing them to remain for themselves after completing the task. On the same day, the order was carried out: one of the authorities of the underworld was shot at point-blank range. When both deputies were apprehended, they were charged with both murder and illegal acquisition of revolvers.
Illegal possession of weapons
According to the meaning of the law, we are talking about placing weapons in special hiding places, hiding places, any premises where it is possible to ensure safety.
Most often, illegal storage can be expressed in the form of inaction, when a person does not specifically look for a place to leave a gun, but simply keeps it in the room where he is (at home, at work, buildings, etc.). If a weapon is concealed, camouflaged, or a certain area of terrain or part of real estate is adapted for it (a cache is specially created), then this will already be considered an active action.
Illegal possession can only occur in situations where there is no permission to keep a gun. This type of crime should not be confused (which, unfortunately, occurs in practice) with a violation of the rules for registering weapons in connection with moving to a new place of residence - only administrative liability is provided for this, nothing more.
If a person temporarily owns a gun without permission, but intends to sell it in the near future (donate it, exchange it, etc.), then his actions will only contain signs of an attempted sale. There will be no other signs (including illegal storage of weapons and ammunition) in such a situation.
Let us note that liability for the legal but careless storage of a gun is provided for separately in Article 224 of the Criminal Code of the Russian Federation. A person can be held accountable for this crime only if failure to comply with storage rules resulted in the death of a person or dangerous consequences in the form of injury or other serious consequences.
Example No. 4 . Lipatov K.E. he kept a hunting rifle at home according to all the rules: in a safe, which was installed in a place hidden from household members (in the pantry), he hid the keys to the safe in a hiding place. After another visit to him by the local police commissioner, during which he opened his safe with a key, showed the contents, and presented the gun for inspection, Lipatov closed the safe, but left the keys in the lock. Lipatov’s son, a 14-year-old teenager, took advantage of his forgetfulness and decided to show off to his peers. He got a gun while his father was away and brought it to school. When some guys examined the brought gun, others began to snatch it out of curiosity, a shot rang out - one of those present was hit by a bullet in the abdomen, which was later determined by experts to be serious harm to health. Lipatov K.E. suffered punishment under Art. 224 of the Criminal Code of the Russian Federation - he was assigned restriction of freedom.
Weapons sales
This is the irrevocable transfer of the subject of a crime to another person, both gratuitous and compensated.
This is a sale, donation, provision on debt, exchange, etc. It does not matter whether the trafficker legally owns the gun or previously acquired and possessed it illegally. In any case, the transfer of ownership of restricted items without following a certain procedure is prohibited by law. In turn, the person who bought the gun may be held liable under the same Article 222 of the Criminal Code of the Russian Federation for illegal acquisition and storage.
Actions cannot be recognized as sales in the following situations:
- during the pursuit, the suspect threw a pistol into the river - there are no signs of alienation in the criminal legal sense, we can only talk about liability for illegal acquisition and (or) storage;
- a citizen temporarily left an illegally acquired gun or ammunition in a friend’s house - there is no sign of “irretrievability”, therefore there are no signs of sale, even if the owner of the residential premises knew about the illegality of the acquisition.
Broadcast
When transferring a weapon, it is not transferred forever, but temporarily. In this case, it may simply be in the hiding place of another person, or permission may be agreed to use the object of the crime for a certain period, after which it is expected to be returned to the owner (see the above example, when the gun was left at a friend’s house for storage).
Illegal carrying of weapons
Carrying – when a person carries an illegally acquired gun, components, ammunition on his person (in clothes), in a bag, etc. If the movement occurs not with one’s person, but by means of transport (it does not matter who owns the vehicle), then the actions of the culprit may be recognized as illegal transportation of weapons.
In some situations, a legal dispute arises about qualifications when the subject of a crime is transported in a car and on one’s person at the same time.
Example No. 5 . Karpov E.N. carried an illegally acquired pistol in a holster on his belt, which he used for threats and blackmail on the orders of the gang leader. Since Karpov spent a long time traveling, he was detained by traffic police officers on the way to a neighboring region; the investigator classified his actions as illegal transportation of a seized pistol. The court did not agree with this qualification and, referring to the explanations of the Supreme Court of the Russian Federation, recognized that Karpov had a pistol on him (in a holster) as illegally carrying, despite the fact that he actually transported it in the car. The court motivated its decision by the fact that Karpov’s intent to transport the subject of the crime from one point to another was not established; the car was used for other purposes.
The practice also considered the question of whether illegal carrying would occur in the case where the same person moves between rooms of the same apartment with a weapon. Court decisions in such cases indicate a lack of intent to move weapons; the actions of the accused in such situations should be qualified as illegal possession.
All of the above actions in relation to explosive devices and explosives are qualified under Art. 222.1 of the Criminal Code of the Russian Federation.
We remind the reader that liability for the circulation of self-defense weapons occurs only in the event of their sale (Part 4 of Article 222 of the Criminal Code of the Russian Federation), while illegal storage, acquisition, transfer, carrying entails only administrative liability (Article 20.8 of the Code of Administrative Offenses of the Russian Federation).
Of course, in the work of law enforcement agencies, many controversial situations arise when investigators and judges are forced to turn to judicial practice in cases of the category under consideration. For example, will a person illegally possess a defective firearm be subject to criminal liability? Not always: the answer depends on the specific circumstances of the case. So, if a gun cannot be used for its intended purpose due to a technical malfunction, but contains serviceable parts and there were intentions to repair it, criminal liability may still arise. Otherwise, the person will not be charged with committing a criminal offense - for example, when the cartridges (that is, ammunition) are found by examination to be completely unfit for use.
Results
As you can see, everything is quite confusing. And it is not always easy to determine the exact punishment. However, if you don’t want to make a mistake, just hope for the highest degree provided for under Article 222 of the Criminal Code of the Russian Federation.
To avoid problems, it is enough to follow the rules for storing and carrying, as well as purchasing weapons by citizens. It's not that difficult. You will have to try, but it will be possible in unforeseen situations to avoid criminal liability. Art. 222 of the Criminal Code of the Russian Federation will indicate a suitable punishment in case of violation of the law regarding the storage and carrying of weapons.
