ST 224 of the Criminal Code of the Russian Federation.
1. Careless storage of a firearm, which created conditions for its use by another person, if this resulted in the death of a person or other grave consequences, is punishable by a fine in the amount of up to one hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restriction of freedom for a term of up to one year, or arrest for a term of up to six months.
2. The same act, resulting in the death of two or more persons, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or imprisonment for a term of up to two years.
Commentary to Art. 224 Criminal Code
1. The subject of the crime is a firearm.
2. The objective side is characterized by an act (action or inaction) in the form of careless storage of firearms, i.e. storage in violation of established or generally accepted storage rules. A mandatory feature of such a weapon is that it is in the possession of a person legally.
3. The crime is completed from the moment the second of two consequences occurs: primary - the use of a weapon by another person and remote - the consequences resulting from such use: the death of a person (including due to suicide) or other serious consequences (theft of a weapon, the commission of a crime, etc.). p.) (in part 1) or the death of two or more persons (in part 2).
4. Special subject of the crime: a person who legally owns a firearm.
Commentary on Article 224 of the Criminal Code of the Russian Federation
The object of the crime is public safety in the area of firearms trafficking.
The subject of the crime is a firearm lawfully in the possession of a person.
The objective side of the crime is expressed in careless storage of firearms, which created conditions for its use by another person, if this resulted in grave consequences.
The rules for storing weapons are determined by the Law on Weapons and Decree of the Government of the Russian Federation of July 21, 1998 N 814 “On measures to regulate the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation” <1>, as well as a number of other regulatory legal acts.
——————————— <1> NW RF. 1998. N 32. Art. 3878.
Thus, in accordance with the Instructions for organizing the work of internal affairs bodies to control the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation, approved by the Order of the Ministry of Internal Affairs of Russia dated April 12, 1999 <1>, citizens of the Russian Federation must store weapons and ammunition at the place of residence, as well as at places of stay in safes, locked metal cabinets or boxes made of high-strength materials or in wooden boxes lined with iron.
——————————— <1> Bulletin of regulatory acts of federal executive authorities. 1999. N 32.
When checking the storage conditions of weapons and ammunition held by citizens of the Russian Federation, employees of internal affairs bodies find out:
a) compliance of existing weapons with issued licenses and permits, as well as ammunition stored by citizens with the types and models of registered weapons;
b) the presence of a lockable safe, a metal cabinet, a box made of high-strength materials or a wooden box lined with iron;
c) conditions that exclude access to weapons by unauthorized persons (storing weapons in an isolated room, installing a metal or iron-clad door, equipping with additional locking devices, alarm systems, the procedure for storing keys to a safe, cabinet or drawer).
Thus, if the weapon was stored openly, not in a safe cabinet, or if family members of the owner of the weapon or other persons had access to the keys to the safe, then if the weapon is used by unauthorized persons and the consequences stipulated by the crime occur, the owner of the weapon is held liable under Art. . 224 of the Criminal Code of the Russian Federation.
The elements of the crime are material; grave consequences include, for example, the use of a weapon by an unauthorized person to commit a crime against life and health, property or a similar socially dangerous act (for example, a minor or an insane person took possession of a carelessly stored weapon and used it to commit an act against a person).
The subjective side of the crime is characterized by carelessness in the form of frivolity or negligence.
The subject of the crime may be the owner or legal possessor of a firearm who has reached the age of sixteen.
Second commentary to Art. 224 of the Criminal Code of the Russian Federation
1. The subject of the crime is a firearm.
2. The objective side is characterized by an act consisting of a violation of the rules for storing firearms, which created conditions for its use by another person. It usually consists of violating specially established or generally accepted rules for its storage. In this case, the firearm must be legally owned by the person.
The second mandatory sign of the objective side is a socially dangerous consequence - the death of a person or other grave consequences. Such consequences usually include: the commission of a crime using this carelessly stored weapon or the suicide of a person who used a carelessly stored weapon, etc. A causal connection must be established between the act committed and the resulting consequence. It should be borne in mind that the causal relationship between the act and the consequences is mediated by the actions of third parties.
The crime is considered completed from the moment the socially dangerous consequences occur.
3. The subjective side is characterized by careless guilt in the form of frivolity or negligence.
4. The subject of the crime is the owner or legal owner of a firearm who has reached the age of 16 years. A person who carelessly stored a firearm that was in his possession illegally is liable under Part 1 of Art. 222.
Judicial practice: sentences and punishment under Art. 224 of the Criminal Code of the Russian Federation
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Third commentary to Article 224 of the Criminal Code of the Russian Federation
1. The objective side of the crime is characterized by the following features: a) action (inaction) expressed in careless storage of firearms, which created conditions for use by another person; b) grave consequences resulting from this; c) a causal relationship between the specified action (inaction) and the resulting harmful consequences.
2. Violation of the rules for storing firearms consists of a person’s failure to comply with specially established and known to him or generally accepted rules for storing them (for example, leaving a firearm in a place accessible to other persons, transferring it to a person who does not have the skills to handle it). In this case, the person must legally own a firearm.
3. A mandatory element of a crime is the creation, as a result of careless storage of a weapon, of conditions for its use by other persons, if this resulted in grave consequences, for example, the death of a person or the infliction of serious harm to health (intentional or careless, due to an accident), the commission of a crime with the help of a weapon .
4. The subjective side of the crime is characterized by careless guilt in the form of frivolity or negligence. In our opinion, negligence in the context of this article reflects the generally careless attitude of the perpetrator towards the occurrence of grave consequences.
5. The subject of the crime is the owner or legal owner of the weapon who has reached the age of 16.
A person who carelessly stored a firearm that was in his possession illegally, if this resulted in grave consequences, is liable under Part 1 of Art. 222 of the Criminal Code. ‹Article 223.1. Illegal production of explosives, illegal production, alteration or repair of explosive devicesUp Article 225. Improper performance of duties for the protection of weapons, ammunition, explosives and explosive devices ›
Judicial practice under Article 224 of the Criminal Code of the Russian Federation
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated September 18, 2018 N 117-KG18-39
by the Resolution of the investigator of the inquiry department of the Ministry of Internal Affairs of Russia for the Gagarinsky district of Sevastopol dated November 26, 2015 in initiating a criminal case against S.N. Secretarenko. refused due to the lack of corpus delicti under Part 1 of Article 224 of the Criminal Code of the Russian Federation (careless storage of a firearm that created conditions for its use by another person, if this resulted in the death of a person or other grave consequences).
Appeal ruling of the Appeal Board of the Supreme Court of the Russian Federation dated 03/02/2021 N APL21-18
From the case materials, it is clear that by the verdict of the Moscow City Court of February 29, 1996, taking into account the changes made to the verdict by the ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of May 26, 1997, T.S. convicted of a combination of crimes provided for in paragraphs “a”, “e”, “h”, “i”, “n” of Article 102, part 3 of Article 147, paragraphs “a”, “b”, “c”, “e” Part 2 of Article 146, Part 3 of Article 224 of the Criminal Code of the RSFSR, Part 2 of Article 209, Part 2 of Article 325 of the Criminal Code of the Russian Federation, to an exceptional punishment - the death penalty.
Decision of the Supreme Court of the Russian Federation dated November 23, 2020 in case No. AKPI20-739
As follows from the case materials, according to the verdict of the Moscow City Court dated February 29, 1996, taking into account the changes made to the verdict by the ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 26, 1997, T.S. convicted of a combination of crimes provided for in paragraphs “a”, “e”, “h”, “i”, “n” of Article 102, part 3 of Article 147, paragraphs “a”, “b”, “c”, “e” Part 2 of Article 146, Part 3 of Article 224 of the Criminal Code of the RSFSR, Part 2 of Article 209, Part 2 of Article 325 of the Criminal Code of the Russian Federation, to an exceptional punishment - the death penalty.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2019 N 15
"2. Taking into account the provisions of Articles 1 and 2 of the Federal Law “On Weapons” in relation to Articles 222, 223, 224 - 226.1 of the Criminal Code of the Russian Federation, firearms should be understood as all types of military, service and civilian firearms, including those manufactured in a homemade manner, structurally intended for mechanical destruction of a living or other target at a distance by thrown equipment that receives directional movement due to the energy of a powder or other charge. These include rifles, carbines, pistols and revolvers, hunting and sporting rifles, machine guns and machine guns, mortars, grenade launchers, artillery pieces, cannons, as well as other types of firearms, regardless of caliber.
Comments on the article
The subject of the crime is only a firearm (see commentary to Article 222 of the Criminal Code).
The objective side is characterized by a violation of the rules for storing firearms, which created conditions for its use by another person. It usually consists of failure to comply with specially established or generally accepted rules for its storage. In this case, the firearm must be legally owned by the person.
Grave consequences usually include: the commission of a crime using this carelessly stored weapon or the suicide of a person who used a carelessly stored weapon, etc.
A causal connection must be established between the act committed and the resulting consequence. It should be borne in mind that in this composition the causal relationship between the act and the consequences is mediated by the actions of third parties.
The crime is considered completed from the moment the socially dangerous consequences occur.
The subjective side of the crime is characterized by careless guilt. The term “negligence” used in the commented article characterizes not the subjective side of the crime, but the act and indicates that the person does not properly fulfill the obligation assigned to him to store firearms.
The subject of the crime is the owner or legal possessor of a firearm who has reached the age of 16 years. A person who carelessly stored a firearm that was in his possession illegally is liable under Part 1 of Art. 222 of the Criminal Code.
