Article 348 of the Criminal Code of the Russian Federation in a new edition with Comments and latest amendments for 2022

Service in the armed forces of the Russian Federation involves a huge number of different duties, the observance of which is simply necessary to ensure the safety of the residents of the country and the state as a whole. Each military personnel is obliged to carefully and with special care and responsibility monitor the state military property entrusted to him, since if it ends up in the hands of civilians with criminal motives, then human casualties among the civilian population are possible. That is why criminal liability has been established for the loss of military property (firearms, ammunition, equipment, etc.), which will be discussed in this article.

Punishment for loss of military property.

Commentary on Article 348 of the Criminal Code of the Russian Federation

1. The object of the criminal attack is the procedure for preserving military property, which is defined in the statutory responsibilities of officials of the regiment (unit), provided for in the Charter of the Internal Service and other regulations. The objects of criminal offense are limited to weapons, ammunition or military equipment that were entrusted to the offender for official use.

2. The objective side of the crime is expressed in actions or inactions that resulted in the loss of military property. The loss of military property specified in the article means its loss or disappearance (theft by other persons) as a result of violation of the rules for its conservation.

3. The loss must be a consequence of a violation by the military personnel of the established rules for storing weapons, ammunition or military equipment. Violation can be expressed in leaving property unattended, without protection from precipitation and other weather conditions, or careless handling of these items.

4. The subjective side of the crime is characterized by guilt in the form of negligence, which is determined in relation to the consequences that have occurred, i.e. loss.

5. The subject of a criminal attack can be any military serviceman to whom weapons, ammunition or items of military equipment were entrusted for official use.

6. The acts described in the article belong to the category of minor crimes.

Weapons are a responsibility: fines for the loss of weapons and shooting in violation of the rules

You should carefully observe the rules for the circulation of weapons, which are defined by the Federal Law of the Russian Federation “On Weapons” and the “Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation.”

Failure to comply with the established rules entails both administrative and criminal liability, as well as confiscation of weapons and cancellation of permits for the right to store and use them.

Employees of the Office of the Russian Guard for the Republic of Mari El, together with employees of the Ministry of Natural Resources, Ecology and Environmental Protection of the Republic of Mari El, will conduct joint raids during the hunt to suppress the illegal extraction of wildlife and the established rules for the circulation of weapons.

According to Russian legislation (Resolution of the Government of the Russian Federation dated July 21, 1998 No. 814), the hunter must have with him an identification document, a hunting ticket, a voucher or license for the extraction of game animals, a valid permit to store and carry firearms, and documents for him.

A hunting rifle must be transported in a disassembled state, if its design features allow. When entering a hunting area, weapons must be sheathed. If the rules are not followed, the violator is prosecuted under Article 20.12, Part 2 of the Code of Administrative Offenses of the Russian Federation, which threatens with the imposition of an administrative fine in the amount of 1,000 to 1,500 rubles.

Firing weapons in populated areas or in other places not designated for this purpose is punishable by an administrative fine in the amount of 40,000 to 50,000 rubles with confiscation of weapons and ammunition or deprivation of the right to purchase and store or store and carry weapons in a term of 1.5 to 3 years with confiscation of weapons and ammunition (Article 20.13. Part 2. Code of Administrative Offenses of the Russian Federation).

The same action, committed by a group of persons or by a person in a state of intoxication, entails the imposition of an administrative fine in the amount of 50,000 to 100,000 rubles with confiscation of weapons and ammunition for them, or deprivation of the right to purchase and store or store and carry weapons for a period of 3 years with the confiscation of weapons and ammunition.

According to Article 20.13. Part 1 of the Code of Administrative Offenses of the Russian Federation. Firing a weapon in designated areas in violation of the established rules shall entail the imposition of an administrative fine in the amount of 3,000 to 5,000 rubles with or without confiscation of the weapon and its ammunition.

Particular attention must be paid to compliance with safety regulations; weapons must be held so that the barrels of the gun are always directed away from people, pets or buildings. It is prohibited to move with weapons in crowded places, leave weapons and ammunition unattended, and transfer weapons to other persons. Well, and, of course, the consumption of alcoholic beverages should be excluded while hunting; alcohol is the cause of many accidents. According to Article 20.8 of Part 4.1. of the Code of Administrative Offenses of the Russian Federation, carrying a firearm by a person in a state of intoxication entails the imposition of an administrative fine on citizens in the amount of 2,000 to 5,000 rubles with or without confiscation of the weapon and ammunition for it, or deprivation of the right to purchase and store or store and carry weapons for a period of from 1 to 2 years with or without confiscation of weapons and ammunition.

According to Article 20.8 of Part 4.2 of the Code of Administrative Offenses of the Russian Federation, failure by a person carrying a firearm to comply with the legal requirement of a law enforcement officer to undergo a medical examination for intoxication entails deprivation of the right to purchase and store or store and carry weapons for a period of one to two years years with or without confiscation of weapons and ammunition.

According to Article 20.8 of Part 6 of the Code of Administrative Offenses of the Russian Federation, illegal acquisition, sale, transfer, storage, transportation or carrying of civilian smooth-bore firearms and limited-kill firearms entails the imposition of an administrative fine on citizens in the amount of 3,000 to 5,000 rubles with confiscation of the weapon and ammunition for it. or administrative arrest for a period of 5 to 15 days with confiscation of weapons and ammunition; for officials - from 10,000 to 50,000 thousand rubles with confiscation of weapons and ammunition for it or their disqualification for a period of one to three years with confiscation of weapons and ammunition for it; for legal entities - from 100,000 to 500,000 rubles with confiscation of weapons and ammunition or administrative suspension of their activities for a period of 10 to 60 days.

It is not uncommon for weapons to be lost while hunting. Violation of Article 224 of the Criminal Code of the Russian Federation. Careless storage of firearms is punishable by a fine in the amount of up to 40,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 3 months, or by compulsory labor for a period of up to 360 hours, or by correctional labor for a period of up to 1 year, or restriction of freedom for a term of up to 1 year, or arrest for a term of up to 6 months.

Another comment on Art. 348 of the Criminal Code of the Russian Federation

1. The subject of this crime completely coincides with the subject of the two previous offenses.

2. The objective side is characterized by a violation of the rules for saving military property entrusted to the subject for official use, which can be expressed either by action (storing said property in places not designated for this purpose) or by inaction (for example, leaving property unattended).

3. The act is considered completed from the moment the subject loses military property, i.e. his removal from the subject's possession against his will.

4. The subject of the crime is a military serviceman to whom weapons, ammunition or military equipment were entrusted for official use.

Composition and responsibility

The Criminal Code contains Article 348 for this crime, the provisions of which are as follows:

Violation of the rules for storing weapons, ammunition or items of military equipment entrusted for official use, if this resulted in their loss through negligence, is punishable by a fine in the amount of up to eighty 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 by a restriction on military service for a term of up to two years, or arrest for a term of up to six months, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to two years.

Despite the possible extremely negative consequences, the act in question is a crime of minor gravity. As can be seen from the provisions of Art. 348 of the Criminal Code of the Russian Federation, the following types of objects are the subject of a criminal attack:

weapon;
ammunition;
items of military equipment.

It should be understood that only those persons to whom the above items were issued/entrusted for official use/individual use in order to perform assigned official tasks can be held liable under this article.

For example, let’s assume a situation with this content: Citizen “A” did his military service under conscription in unit “N”. For guard duty, he was given a standard type of ammunition, which included several types of weapons - a machine gun and a bayonet. While completing the task assigned to him, citizen “A” became bored and, together with his colleague, he decided to demonstrate his skills in assembling and disassembling weapons. Using one of the protected objects (a box of ammunition) as a demonstration table, citizen “A” began to demonstrate his skills, but as a result of the rush of excitement, this soldier lost a clip of military ammunition.

It is necessary to note one very significant feature of this crime - this is that loss can be understood not only as loss, but also as any other form of action suggesting that the entrusted property has actually been taken from the legal possession of a serviceman, for example, transfer, partial or complete damage to an item , its theft, etc. Consequently, the crime is considered completed from the moment of the actual loss of the ability to dispose of it by the person authorized to do so, and actions aimed at finding the item and returning it to the serviceman did not bring results.

The provisions under consideration relate only to the actual loss, for which responsibility arises, and all subsequent consequences may entail additional qualifications, for example, under Article 347 of the Criminal Code of the Russian Federation - “Destruction or damage to military property through negligence.” Therefore, it is necessary to distinguish between its loss and damage due to negligence. The main difference is that in the event of a loss, the perpetrator does not act on the object itself with the aim of damaging or destroying it; such consequences are achieved through the influence of third parties.

Is it a crime to possess a gun if it is defective and cannot fire?

Hello. Is it a crime to possess a gun if it is defective and cannot fire?

Lawyer Antonov A.P.

Good afternoon According to Part 1 of Article 222 of the Criminal Code of the Russian Federation, illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition (with the exception of civilian smooth-bore long-barreled weapons, their main parts and cartridges for them, limited firearms defeat, its main parts and cartridges for it) - is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months or without it. The circulation of weapons as technical means that are structurally intended to destroy a living or other target and, therefore, capable of causing significant harm to the life and health of people, property and nature, not only creates an increased danger for these values protected by the Constitution of the Russian Federation, but is also associated with the threat of encroachment on other constitutionally significant values, including the foundations of the constitutional system, morality, rights and legitimate interests of citizens, state security, which requires the federal legislator to establish a mechanism for their protection within the framework of the legal regime for the circulation of weapons (Resolution of the Constitutional Court of the Russian Federation of June 29, 2012 N 16-P). One of the elements of such a mechanism is part one of Article 222 of the Criminal Code of the Russian Federation, the disposition of which is of a blanket nature, and therefore the assessment of the degree of certainty of the concepts contained in it must be carried out, as the Constitutional Court of the Russian Federation has repeatedly indicated, based not only on the text of the law itself, the wording used , but also from their place in the system of normative regulations; regulatory norms that directly establish certain rules of behavior do not necessarily have to be contained in the same regulatory legal act as the norms establishing legal liability for their violation (resolutions of May 27, 2003 N 9-P and of February 14, 2013 N 4-P; definitions of April 21, 2005 N 122-O, of December 1, 2009 N 1486-O-O, of June 28, 2012 N 1253-O, etc.). The subject of the crime provided for in part one of Article 222 of the Criminal Code of the Russian Federation includes firearms, i.e. intended for mechanical destruction of a target at a distance by thrown equipment receiving directed movement due to the energy of a powder or other charge, a weapon and its main parts - barrel, bolt, drum, frame and receiver (Article 1 of the Federal Law “On Weapons”). At the same time, according to the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 N 5 “On judicial practice in cases of theft, extortion and illegal trafficking of weapons, ammunition, explosives and explosive devices”, liability under this article comes for illegal trafficking of not only usable for functional use, but also a faulty or training weapon, if it contained components suitable for use or if the person had the goal of bringing it into a usable condition and took any actions to realize this intention. Thus, the person’s actions are still criminal.

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Article 348. Loss of military property

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Criminal Code of the Russian Federation
Article 348. Loss of military property

Violation of the rules for storing weapons, ammunition or items of military equipment entrusted for official use, if this resulted in their loss through negligence,
is punishable by a fine in the amount of up to eighty 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 by a restriction on military service for a term of up to two years, or arrest for a term of up to six months, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to two years.

Commentary on Article 348

Object

crime is a military order for the preservation of property and property relations. Saving military property means handling it in such a way that ensures its safety and readiness for use. The rules for saving military property are regulated by relevant charters, instructions, manuals, manuals and other regulatory documents.

The subject of the crime is weapons, ammunition, military equipment.

Objective side

consists of violating the rules for storing weapons, ammunition or military equipment entrusted for official use, if this resulted in their loss through negligence. Loss is the removal of the subject of a crime from legal possession, which may occur as a result of the loss of the above items, leaving them unattended, theft or destruction by an unauthorized person, etc.

The objective side of a crime can be accomplished both through action and through inaction. The elements of the crime according to the construction of the objective side are material.

The loss is considered complete from the moment the item leaves the possession of the serviceman to whom it was entrusted, and it was not possible to establish control over it through the measures taken. Subsequent discovery and return of the item according to its affiliation for qualification under Art. 348 of the Criminal Code of the Russian Federation does not affect, but under certain circumstances it may indicate the insignificance of the committed act or be taken into account as a circumstance mitigating the punishment.

The presence of a crime also presupposes the existence of a causal connection between the violation of the rules and the loss. If the loss did not occur as a result of a violation of the rules, there is no corpus delicti of this crime.

Subjective side

characterized only by a careless form of guilt.

Subject

special crime - a serviceman who is entrusted with military property.

Responsibility under Art. 348 of the Criminal Code of the Russian Federation, only those persons to whom it was entrusted for official use can be held liable for the loss of military property, i.e. issued for individual use during the performance of a specific official function (serving on duty, shooting, escorting cargo, performing laboratory work, etc.).

At the same time, if the item was issued to a person not for individual use in the performance of official duties, the grounds for qualification under Art. 348 of the Criminal Code of the Russian Federation is missing.

In particular, they cannot be qualified under Art. 348 of the Criminal Code of the Russian Federation, actions of a superior that, through negligence, resulted in the loss of items of military property issued to support the official activities of subordinates.

For example, if, in order to ensure the shooting of a unit, a platoon commander receives two AK-74 assault rifles under his personal signature, after which, contrary to the Instructions for organizing the accounting, storage and issuance of small arms and ammunition in the Armed Forces of the Russian Federation, he transfers the weapon for transportation to a military shooting range to the person behind it was not secured and which then lost one machine gun, the actions of the platoon commander are subject to qualification under Art. 293 of the Criminal Code of the Russian Federation as negligence, i.e. failure to perform or improper performance by an official of his duties due to dishonest or negligent attitude towards service.

The presence of a crime in office in this case is due to the fact that, being the commander of the soldiers and sergeants of the company, the platoon commander had all the signs of an official.

When qualifying acts under Art. 226 of the Criminal Code of the Russian Federation, it is also necessary to keep in mind that a person found guilty of theft of weapons, ammunition or military equipment cannot bear additional responsibility for their loss, destruction or damage. Errors of this kind occur in judicial practice.

Algorithm of actions in case of loss of weapons:

You can lose a weapon either through the fault of the owner or due to force majeure circumstances, that is, there is no fault of the owner; for example, here are the most common situations of loss of a weapon:

The boat capsized and the weapon sank; in this situation, the owner is not at fault;
They put it next to a tree and forgot where it is, or forgot it on public transport and other similar situations, in this situation the owner is to blame.

If something similar happens to you, then the algorithm of actions is as follows:

In both situations, you must contact the police department in whose territory the event occurred;
At the police station, you must write a statement about the loss of the weapon, and an explanatory note indicating all the circumstances of the loss. Write as completely and in detail as possible; if there are witnesses, be sure to indicate them. The application and explanation are written in free form; the details of the receiving official, your contact information and signature must be indicated. Under no circumstances do not leave the police department until you have been given a coupon - notification of acceptance of the application, be sure to make copies of all documents, and, if possible, have them certified by officials.
Based on your application, an inspection will be carried out, including an on-site inspection of the scene of the incident; you may also be invited to the inspection. For this reason, write the truth in your application, otherwise circumstances may come to light in which you can be charged with giving false testimony (Article 307 of the Criminal Code of the Russian Federation).
After receiving the coupon notification, you need to contact your Licensing and Permitting Department where the weapon was registered. At the LRO, you explain the situation, present a permit to store and carry weapons if it is not lost, a notification coupon, and write an application to deregister the weapon.
Based on your statements and the necessary procedural procedures, your weapon will be deregistered. If your guilt in the loss of the weapon is not proven, then you will get off with a slight fright and will not even receive an administrative fine, after which you can calmly apply for a new permit and buy a new gun.
In a situation where your guilt in the loss of a weapon is established, then you will be issued an administrative fine under Article 20.8 Part 4 of the Code of Administrative Offenses of the Russian Federation (Fine from 500 to 2000 rubles, or deprivation of the right to store and carry weapons for up to a year), in a situation of alcohol intoxication the punishment is slightly more severe (Article 20.8 Part 4.1 of the Code of Administrative Offenses of the Russian Federation).

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This year, 5 units of civilian weapons were lost in the service area of the Russian Ministry of Internal Affairs in the Mirny Closed Administrative Unit of the Arkhangelsk Region. The main reason for the losses is violation of the rules for storing and carrying weapons. For violations by weapon owners of the rules for storing, carrying and transporting weapons, administrative liability arises in accordance with the provisions of Part 4 of Article 20.8 of the Code of Administrative Offenses of the Russian Federation , according to which a fine of up to 2 thousand rubles or cancellation of the permit to store and carry weapons is provided.

The most common cases are theft of weapons from vehicles, when weapons are left by their owners in car interiors, garages, sheds, which is strictly prohibited, as well as from apartments, houses, if the conditions for storing weapons are not met. Often the cause of loss is a violation of the rules for carrying and storing weapons . Short-barreled, barrelless self-defense weapons should be carried in special holsters, with a safety belt, and not in the pockets of outerwear, bags, packages, or behind the belt.

Weapon losses also occur due to the personal irresponsibility of citizens , for example during fishing, or under unclear circumstances when the owner of the weapon himself cannot remember where and how he could have lost it. In this case, memory is usually affected by the amount of strong drinks. It must be remembered that drinking alcohol and carrying weapons are incompatible.

Owners should take a more responsible approach to the problem of storing and carrying firearms and pneumatic weapons, and should not take them with them to entertainment events, especially if they are going to drink alcohol. It is necessary to store weapons in a safe place, inaccessible to unauthorized persons and members of your family, especially children. Remember: your irresponsible attitude towards such dangerous objects as weapons can lead to irreparable consequences.

Often, weapons enter the criminal environment due to the negligence of weapon owners who did not ensure proper storage, as a result of which they often become the subject of theft and are used for criminal purposes.

It should be noted that the action or inaction of a person associated with a violation of the established rules for storing weapons, which created a condition for its use by another person, if this entailed grave consequences, forms part of a criminal offense under Art. 224 of the Criminal Code of the Russian Federation.

Safes with weapons, which have little weight and represent “easy” money for criminals with the hope of seeing money in the safe, are recommended to be attached to the floor or wall.

The safe must be tightly locked, and its strength must prevent the door from being pushed open by mechanical force.

In order to prevent theft and theft of weapons, the licensing and permitting group of the Ministry of Internal Affairs of Russia for the Mirny Closed Administrative Unit of the Arkhangelsk Region recommends that weapon owners equip weapon and ammunition storage areas with engineering and technical security equipment connected to the centralized security console of the Private Security Department.

Group of LRR OMVD of Russia for ZATO Mirny, Arkhangelsk region

What to do if your weapon is stolen

Regardless of whether it is your fault or not that your weapon was stolen from you, you must immediately contact and report it to the police, since your weapon could be used in a crime and you will have serious problems.

Theft of weapons is possible in the following situations:

The weapon was lying and stored in a safe at home without access to unauthorized persons; the intruders entered the apartment, opened the safe and stole your gun, or took it out along with the safe.
You were transporting weapons, hooligans attacked you and took your weapons away.

In these situations, it is not your fault, the algorithm of actions is almost the same as for the loss of a weapon, except that in this situation a criminal case of theft or robbery will be opened and you will be able to remove the weapon from the register after the end of the investigative actions.

You must immediately report the fact of theft by calling 112 and immediately call the police to the scene of the crime to carry out operational measures and file a report. A statement of theft (robbery) is written, police officers initiate a criminal case, and a search is carried out. Based on the results of the investigation, your weapon will either be found and returned to you, or the case will be closed. After this, you can deregister it and register a new one.

In this situation, you do not face administrative or criminal liability, except for lost nerves and time.

The weapon was stolen from the trunk of a car, on a train or somewhere else, that is, at the moment when you were transporting it and lost sight of it, that is, your fault is present.

In this situation, you also immediately contact the police department or call them to the scene of the incident. A statement of theft is written, and a criminal case is also initiated where it will be established, including the degree of your guilt and how much you could have prevented the theft.

It is highly likely that you will be issued an administrative fine under Article 20.8 Part 4 of the Code of Administrative Offenses of the Russian Federation; you may be deprived of the right to carry and store weapons for a period of one year.