Article 226 of the Criminal Code of the Russian Federation. Current edition for 2022, comments and judicial practice

1. Theft or extortion of firearms, their components, ammunition, explosives or explosive devices -

shall be punished by imprisonment for a term of three to seven years.

2. Theft or extortion of nuclear, chemical or other types of weapons of mass destruction, as well as materials or equipment that can be used in the creation of weapons of mass destruction -

shall be punishable by imprisonment for a term of five to ten years, with or without restriction of freedom for a term of up to one year.

3. Acts provided for in parts one or two of this article, if they are committed:

a) by a group of persons by prior conspiracy;

b) has become invalid. — Federal Law of December 8, 2003 N 162-FZ;

c) by a person using his official position;

d) with the use of violence that is not dangerous to life or health, or with the threat of using such violence -

shall be punishable by imprisonment for a term of five to twelve years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

4. Acts provided for in parts one, two or three of this article, if they are committed:

a) an organized group;

b) with the use of violence dangerous to life or health, or with the threat of using such violence, -

c) has become invalid. — Federal Law of December 8, 2003 N 162-FZ

shall be punishable by imprisonment for a term of eight to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

Article 225. Improper performance of duties for the protection of weapons, ammunition, explosives and explosive devices
Article 226.1. Smuggling of potent, poisonous, poisonous, explosive, radioactive substances, radiation sources, nuclear materials, firearms or their main parts, explosive devices, ammunition, weapons of mass destruction, their delivery vehicles, other weapons, other military equipment, as well as materials and equipment , which can be used in the creation of weapons of mass destruction, means of their delivery, other weapons, other military equipment, as well as strategically important goods and resources or cultural values or especially valuable wild animals and aquatic biological resources

Commentary to Art. 226 of the Criminal Code of the Russian Federation

The object of the crime is public safety in the sphere of trafficking in weapons, ammunition, explosives and explosive devices.

The subject of the crime is a firearm (including civilian smoothbore), its components, ammunition, explosives and explosive devices, as well as a faulty or training weapon, if it contained components suitable for use or the person had the goal of bringing it into a suitable condition .

The theft of items that are not weapons, such as lighting, imitation cartridges and explosive packages, which are not ammunition or explosive devices according to the Federal Law “On Weapons”, must be qualified under the articles of the law providing for liability for crimes against property.

The objective side of the crime consists of theft or extortion of these items.

As explained by the Plenum of the Supreme Court of the Russian Federation in Resolution No. 5 of March 12, 2002 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices”, under the completed theft of weapons and their components, ammunition, explosives or explosive devices should be understood as unlawful taking of them in any way with the intention of a person to appropriate the stolen property or transfer it to another person, as well as to dispose of it at his own discretion in any other way.

Such theft can be committed both from state or non-state institutions (organizations), and from individual citizens who own firearms, their components, ammunition, explosives and explosive devices. It does not matter whether the citizen owned such items legally or illegally.

The theft of components and parts of ammunition containing explosives or explosive devices (fuses, detonators, fuses, etc.) should be qualified under Art. 226 of the Criminal Code of the Russian Federation as complete theft of explosives or explosive devices.

If a person has stolen a firearm, its components, ammunition, explosives or explosive devices that are unsuitable for functional use, being mistaken about their quality and believing that they are in good working order, the act should be qualified as an attempted theft of a firearm, its components, ammunition , explosives or explosive devices.

In cases of theft or extortion of firearms, their components, ammunition, explosives or explosive devices, as well as their carrying, storage, acquisition and manufacture for the purpose of committing another crime, the act must be qualified as a totality of completed theft or extortion of weapons, components for him, ammunition, explosives or explosive devices, their illegal carrying, storage, acquisition or manufacture and preparation for committing another crime, if liability for this is provided for by law.

The Plenum of the Supreme Court of the Russian Federation does not connect the moment of completion of the theft of weapons with the method of illegal acquisition; the act is recognized as completed from the moment of illegal acquisition of the subject of the crime.

Destruction, leaving at the scene of a crime, or returning a stolen weapon after its use to commit other illegal actions or for other purposes is not grounds for releasing a person from liability for theft of a weapon.

The concept of extortion of firearms, their components, ammunition, explosives and explosive devices is similar to the concept of extortion of nuclear materials or radioactive substances.

Extortion of the objects of the crime is considered completed from the moment the demand is presented, regardless of whether it is fulfilled or not.

The subjective side is characterized by guilt in the form of direct intent; the goal can be any - the desire to appropriate, transfer to another person, dispose of it at one’s discretion in another way.

The general subject of the crime is a sane person who has reached fourteen years of age.

Part 2 Art. 226 of the Criminal Code of the Russian Federation provides for liability for the theft or extortion of nuclear, chemical or other types of weapons of mass destruction, as well as materials or equipment that can be used in the creation of weapons of mass destruction (see commentary to Article 355 of the Criminal Code of the Russian Federation).

A qualified crime (Part 3 of Article 226 of the Criminal Code of the Russian Federation) is formed by the acts provided for in Part 1 and Part 2 of Art. 226 of the Criminal Code of the Russian Federation, if they are committed:

— by a group of persons by prior conspiracy (clause “a”), i.e. a group of at least two people who have the characteristics of a subject of a crime, each of whom was directly involved in carrying out the objective side of the theft or extortion of the objects of the crime. An agreement to commit the act was reached before the commencement of actions to seize the items of theft or before the commencement of a demand for the transfer of weapons, components for them, ammunition, explosives and explosive devices;

- by a person using his official position (clause “c”). The content of this feature is similar to that discussed in paragraph “c” of Part 2 of Art. 221 of the Criminal Code of the Russian Federation “Theft or extortion of nuclear materials or radioactive substances.”

Provided by Art. 226 of the Criminal Code of the Russian Federation, the qualifying feature - theft of weapons, components for them, ammunition, explosives or explosive devices by a person using his official position - should be considered their theft as a person who is vested with official powers related to the circulation of weapons, in particular their use, production, accounting, storage, transfer, seizure, etc., and by the person to whom they were issued personally and for a certain time to perform special duties (sentry, policeman, watchman or collector during the performance of their official duties, etc. .);

- with the use of violence that is not dangerous to life or health, or with the threat of using such violence (clause “d”). This symptom covers beatings, infliction of physical pain without causing any harm to health, and restriction of the victim’s freedom.

A particularly qualified crime (Part 4 of Article 226 of the Criminal Code of the Russian Federation) provides for liability for acts provided for in Part 1 and Part 2 of Art. 226 of the Criminal Code of the Russian Federation, if they are committed:

— an organized group (item “a”). This is a stable group of people who have united in advance to commit one or more crimes. Within such a group, roles can be distributed; in addition to performers, it includes other participants;

- with the use of violence dangerous to life or health, or with the threat of such violence (clause “b”). Such violence is the infliction of light, moderate or severe harm to the health of the victim, or the use of violence, which, although it did not entail the specified consequences, created a real threat of their infliction. Imputation of an aggravating circumstance based on the threat of such violence is possible in cases where the threat is real and there is reason to fear its immediate implementation.

The theft of firearms, components for them, ammunition, explosives or explosive devices by robbery (clause “b”, part 4 of article 226 of the Criminal Code of the Russian Federation) should be considered completed from the moment of the attack with the aim of taking possession of these items, combined with violence, dangerous to the life and health of the victim, or with the threat of such violence.

Considering that the illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition, explosives or explosive devices are independent crimes, the theft of the listed items and their subsequent carrying, storage or sale form a real set of crimes provided for Art. 226 and art. 222 of the Criminal Code of the Russian Federation.

Theft or extortion of weapons, ammunition, explosives and explosive devices

1. Theft or extortion of firearms, their components, ammunition, explosives or explosive devices
is punishable by imprisonment for a term of three to seven years.

2. Theft or extortion of nuclear, chemical or other types of weapons of mass destruction, as well as materials or equipment that can be used in the creation of weapons of mass destruction -

shall be punishable by imprisonment for a term of five to ten years, with or without restriction of freedom for a term of up to one year.

3. Acts provided for in parts one or two of this article, if they are committed:

a) by a group of persons by prior conspiracy;
b) has become invalid. — Federal Law of December 8, 2003 N 162-FZ;
c) by a person using his official position;
d) with the use of violence that is not dangerous to life or health, or with the threat of using such violence -

4. Acts provided for in parts one, two or three of this article, if they are committed:

a) an organized group;
b) with the use of violence dangerous to life or health, or with the threat of using such violence, -
c) has become invalid. — Federal Law of December 8, 2003 N 162-FZ

Judicial practice under Article 226 of the Criminal Code of the Russian Federation

Resolution of the Presidium of the Supreme Court of the Russian Federation dated February 15, 2017 N 192P16
Shulgin K.O. acquitted under paragraph “a” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation (on charges of attack on May 3, 2004 on N.A., K., K.), under clause “a”, part 4 of art. 162 of the Criminal Code of the Russian Federation (on charges of attack on May 10, 2004 on G. and Ch.), under paragraph “a”, part 4 of art. 162, paragraphs “a”, “b”, part 4, art. 226 of the Criminal Code of the Russian Federation (on the episode of the attack on September 23, 2004 on the victims of Ts.), under Part 3 of Art. 222 of the Criminal Code of the Russian Federation (for episodes dated May 3, 2004 and May 10, 2004), under clause “i”, part 2 of art. 105, part 3 art. , paragraph “and” part 2 of Art. 105 of the Criminal Code of the Russian Federation for non-involvement in committing crimes.

Resolution of the Presidium of the Supreme Court of the Russian Federation dated July 12, 2017 N 114-P17

sentenced to imprisonment: under Part 2 of Art. 209 of the Criminal Code of the Russian Federation for 8 years, according to paragraphs “a”, “c”, part 3 of Art. 162 of the Criminal Code of the Russian Federation for 8 years, according to paragraphs “a”, “b”, part 4 of Art. 226 of the Criminal Code of the Russian Federation for 8 years, according to paragraphs “a”, “c”, part 3 of Art. 162 of the Criminal Code of the Russian Federation for 10 years, under Part 3 of Art. 222 of the Criminal Code of the Russian Federation for 5 years, based on the totality of crimes in accordance with Part 3 of Art. Criminal Code of the Russian Federation for 14 years.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 4, 2017 N 72-APU17-21

- part 3 art. - paragraphs “a”, “b”, part 4, art. 226 of the Criminal Code of the Russian Federation using Part 3 of Art. Criminal Code of the Russian Federation - 7 years in prison with a fine of 200,000 rubles; - paragraphs “a”, “b”, part 4, art. 226 of the Criminal Code of the Russian Federation - 9 years of imprisonment with a fine of 350,000 rubles;

Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 6, 2017 N 226-P17

Tsarev (Osychenko) Vasily Sergeevich, ..., was detained on September 14, 2009 in accordance with Art. Art. 91, 92 of the Code of Criminal Procedure of the Russian Federation on suspicion of committing crimes under Part 2 of Art. 318, paragraph “b”, part 4, art. 226 of the Criminal Code of the Russian Federation.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06.06.2018 N 72-APU18-6

- according to Part 1 of Art. 226 of the Criminal Code of the Russian Federation - to 4 years in prison. Based on Part 3 of Art. The Criminal Code of the Russian Federation, by partial addition of punishments, assigned Selin O.G. 19 (nineteen) years of imprisonment to be served in a special regime correctional colony, followed by restriction of freedom for a period of 1 year.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 18, 2018 N 41-APU18-5SP

- (for the episode of the theft of weapons by Z.) according to paragraphs “a”, “b”, part 4 of Art. 226 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 8, 2003) - 8 (eight) years of imprisonment; - (for the episode in relation to S. and V.) according to clauses “a”, “c”, part 4 of Art. 162 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 8, 2003) - 8 (eight) years of imprisonment;

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06.06.2018 N 41-APU18-7sp

pp. “a”, “b” part 4 art. 226 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 8, 2003) for the episode in relation to Z. for 9 years 6 months; pp. “a”, “c” part 4 art. 162 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 8, 2003) for the episode in relation to S. and V. for 9 years 6 months;

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 4, 2018 N 41-APU18-8SP

- according to paragraph “b” of Part 4 of Art. 226 of the Criminal Code of the Russian Federation to 11 years in prison. Based on Part 3 of Art. of the Criminal Code of the Russian Federation by partial addition of punishments to O.V. Naumochkin. sentenced to 23 years of imprisonment to be served in a special regime correctional colony, with restriction of freedom for a period of 2 years, with the following restrictions established: do not leave your place of permanent residence (stay) after 10 pm until 6 am, do not visit restaurants , bars and other entertainment establishments located within the territory of the relevant municipality in which the convicted person will reside after serving his sentence; do not travel outside the territory of the relevant municipality; not to visit places where mass and other events are held and not to participate in these events, not to change the place of residence or stay without the consent of the specialized state body that supervises the serving of sentences by convicts in the form of restriction of freedom, and to appear at this body twice a month for registration;

Resolution of the Presidium of the Supreme Court of the Russian Federation dated July 11, 2018 N 88P18

Kurishko Andrey Sergeevich, ... convicted: March 20, 2000 under paragraphs “a”, “b”, “c”, “d”, part 2 of Art. 158, paragraphs “a”, “b”, part 3 of Art. 226 of the Criminal Code of the Russian Federation to 3 years 6 months of imprisonment; April 29, 2005 under Part 1 of Art. 158 of the Criminal Code of the Russian Federation to 7 months in prison, released on June 24, 2005 after serving the sentence -

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 01.08.2018 N 5-APU18-29SP

Konstantinov Vyacheslav Valentinovich, ... convicted on July 24, 2007 under Part 1 of Art. 226 of the Criminal Code of the Russian Federation on the basis of Art. of the Criminal Code of the Russian Federation to 3 years 9 months of imprisonment, released on March 11, 2011 after serving the sentence,

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 28, 2018 N 78-APU18-15

pp. “a”, “b” part 4 art. 226 of the Criminal Code of the Russian Federation (as amended by the law of December 8, 2003 N 162-FZ) to 8 years in prison, clause “a”, part 4 of art. 158 of the Criminal Code of the Russian Federation (as amended by the law of December 27, 2009 N 377-FZ) for a crime committed on the night of October 15-16, 2010, to 5 years in prison,