Art. 102 of the Criminal Code of the Russian Federation: comments and features

The application of compulsory medical measures is carried out under the control of the court. The procedure for their termination, extension or change is regulated by Art. 102 P of the Criminal Code of the Russian Federation, decisions are made solely on the recommendation of the management of the institution that conducts compulsory treatment. The corresponding petition is drawn up on the basis of a conclusion from a medical commission. This requirement is established in Art. 102 part 1 of the Criminal Code of the Russian Federation.

Survey

In Art. 102 part 2 of the Criminal Code of the Russian Federation provides for the procedure for conducting an examination of a subject who has been assigned a compulsory medical measure. A person is examined at least once every six months. Based on the examination, the issue of sending a request to change or terminate treatment to the judicial authority is decided. The examination is carried out at the initiative of the doctor or the subject himself (his representative or relative). The petition is sent through the management of the medical organization or the penal inspection, which monitors the application of these measures regardless of the time of the last examination. If there are no grounds for terminating or changing treatment, the administration of the organization or the institution submits a conclusion on its extension.

Article 144

1. The object of the crime provided for in Art. 144 of the Criminal Code is freedom of mass information, which is one of the forms of the rights of citizens guaranteed by the Constitution of the Russian Federation to freedom of thought, speech, opinions and beliefs, as well as the right to search, receive and transmit, produce, disseminate information in any legal way (Article 29).

Commentary to Art. 144 Criminal Code

3. Acts provided for in parts one or two of this article, coupled with violence against a journalist or his relatives or with damage or destruction of their property, as well as the threat of using such violence, are punishable by forced labor for up to five years or imprisonment for a term up to six years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

07 Oct 2022 lawurist7 246

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Expertise

It is appointed by the court regardless of the period of the last examination and the decision made to end the use of coercive measures. The basis is a petition sent no later than six months before the expiration of the sentence to the administration of the medical institution. An examination is appointed to identify the need to apply compulsory measures to the subject in the future. In particular, we are talking about the time of release on parole, in relation to serving another sentence (more lenient) or after the end of the imputed term.

Additionally

In accordance with Art. 102 of the Criminal Code of the Russian Federation, decisions to terminate or change compulsory medical measures are made in such a condition of the subject in which there is no need for subsequent medical treatment, or when it is necessary to choose a different method. Upon completion of treatment, the judicial authority may transfer the case materials regarding the person who underwent it to the executive federal body in the field of healthcare. The authorized structure, in turn, decides on the continuation of treatment of the subject in a psychiatric clinic or inpatient social service institution for citizens suffering from nervous disorders.

Art. 102 of the Criminal Code of the Russian Federation with comments

Article 97 of the Code defines persons to whom compulsory medical measures may be applied. There is no limit to the time subjects can remain on treatment. However, the legislation provides specific deadlines for the examination by psychiatrists. This is necessary so that compulsory treatment for insane criminals or those suffering from mental disorders after an act does not become indefinite. The results of the examination, regardless of the conclusions reached by the commission, are sent to the court by the administration of the medical institution. The authority, in turn, makes an appropriate decision.

A subject undergoing compulsory treatment, in accordance with Art. 102 of the Criminal Code of the Russian Federation, is subject to mandatory examination at least once every six months. If there are no grounds for sending a proposal to the judicial authority to terminate or change the medical measure, a proposal to extend the punishment is sent to the court. In Art. 102 of the Criminal Code of the Russian Federation establishes that treatment is continued for the first time after six months from the date of its start. Subsequent renewals are carried out annually.

What does judicial practice show under this article?

The provisions of the article often appear in criminal cases. Mentally ill people often commit crimes.

Practice examples:

Defendant L. served his sentence in the form of treatment in a special hospital. Every six months he was sent for examination. One day the doctor noticed that L. was getting better, and a couple of months later this suspicion was confirmed. The doctor filed a petition with the court to change the sentence for L., since his diagnosis no longer poses a danger to the population. The court took into account all the requests and made a positive decision - L. was released from the hospital, but was ordered to visit a psychiatrist once a year.
Citizen E. was convicted of murdering her husband, but in court it was recognized that she suffered from a mental disorder. On this basis, she was admitted to a psychiatric hospital. She served there for 2 years, but was never able to recover. The court recognized that the measure would be applied until there was progress in E’s development. After 5 years, she was able to be released, but she never fully recovered and is being monitored on an outpatient basis.
Citizen G. served his sentence in a hospital with compulsory treatment, as he inflicted many injuries incompatible with life to his mother. Based on the results of a psychiatric examination, it was found that he suffers from schizophrenia. He was placed on treatment, and a year later he underwent another examination, where it was found that the therapy was not helping. The patient became more aggressive. The doctors petitioned the court to toughen the penalties. The court took their requests into account and granted the decision.

What decisions are made under Article 102?

When considering each case of mentally ill people, the opinions of psychiatrists should be considered. When choosing therapy, the advice of specialists is taken into account. Properly selected exposure to medications and procedures eliminates the recurrence of a crime, makes the citizen safe for society, and improves the performance statistics of all participants involved in the process. It also contributes to the correction of criminals or those at risk.

Compulsory measures against the insane are used quite often. For example, in 2022, such a punishment was chosen for 8,337 people, most of whom (3,041) committed minor crimes, and a smaller proportion (1,157) committed particularly serious crimes.

Important point

Compulsory measures are prescribed to cure the subject who has committed an act that poses a danger, to reduce or eliminate the threat posed by him. In this regard, it is extremely problematic to determine in advance exactly the period during which the desired result will be achieved. Therefore, the compulsory treatment prescribed by the court lasts until the moment when, based on the condition of the subject, it can be concluded that the person’s health has improved and the social danger to himself has been reduced, including when it becomes possible to change the medical treatment or cancel it altogether.

Process specifics

If the subject's condition changes and it becomes necessary to prescribe a different medical measure (either more or less strict), the original type of treatment may be changed. This process, as well as the cessation of treatment, according to Art. 102 of the Criminal Code of the Russian Federation is carried out by the court at the request of the management of a psychiatric institution.

The submission is sent on the basis of a conclusion drawn up by a medical commission. The issue of completing or changing the punishment is resolved according to the principle of gradation. It consists of a gradual transition of measures from more to less strict with their subsequent abolition. If the person’s condition improves, which entails a decrease in his danger both to others and to himself, the court may change the previously prescribed measure and refer the subject for outpatient treatment and observation to a psychiatrist. If there is no longer a need to continue medical treatment, the issue of ending it is decided. Relevant grounds may appear during the examination. Discontinuation of treatment may also be initiated by the supervising physician. Resolving the issue of completing the application of measures in accordance with Art. 102 of the Criminal Code of the Russian Federation, falls within the competence of the court.

Article 144

7. Part 2 art. 144 establishes increased criminal liability if the crime is committed using the perpetrator’s official position. The use of official position should be understood as the use of opportunities arising from the official status of the perpetrator, as well as official connections and actions that go beyond the scope of direct official authority, i.e. their excess (for example, the head of an institution or enterprise issues an order not to allow journalists into the territory of the relevant institution or enterprise).

Commentary on Article 144 of the Criminal Code of the Russian Federation

5. Obstruction of the legitimate professional activities of journalists, committed with violence against the journalist or his relatives or with damage or destruction of their property, as well as with the threat of using such violence, is of particular qualifying significance.

Careless destruction or damage to someone else's property, resulting in the death of people or other grave consequences, as well as destruction or significant damage to forests as a result of careless handling of fire or other sources of increased danger -

Words from prison jargon (or having a different meaning in prison jargon than in the general spoken Russian language) oh, professional jargon of correctional facility employees? the letter “s”, official terms and abbreviations – the letter “o”.

Article 144 of the Criminal Code of the Russian Federation RSFSR

Criminal punishment is applied only by court verdict. The general part establishes the limits of the Code in space and time. Only a law that eliminates the punishability of an act or mitigates the punishment has retroactive force. The forms of guilt in committing a crime are established (intention and negligence), crimes for which responsibility begins at the age of 14 (as a general rule, responsibility begins at the age of 16), acts that fall under the elements of a crime, but are not such (causing harm in a state of necessity) are defined. defense, emergency).

2. The same act, committed by a person using his official position, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or 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 forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

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Special cases

Federal Law No. 14 supplemented the article in question with part 2.1. In accordance with its provisions, on the basis of a petition sent no later than six months before the end of the term of execution of the imputed sentence, the court appoints a psychiatric examination in relation to a subject who, at the age of 18 or older, committed a crime against the sexual integrity of a minor citizen under 14 years of age suffering from pedophilia (disorder of sexual preference), which does not exclude sanity. This procedure is carried out regardless of the period of the last examination and the decision made to complete compulsory treatment. An examination is necessary to establish or exclude the need to apply medical influence to the specified person during parole or after release, as well as when serving a more lenient sentence. Based on the conclusion, the court may impose a compulsory measure in the form of outpatient treatment and observation or terminate treatment.

Article 102. Tax secrecy

[Tax Code] [Tax Code of the Russian Federation, Part 1] [Section V] [Chapter 14]
. Tax secret consists of any information received by the tax authority, internal affairs bodies, investigative bodies, the body of the state extra-budgetary fund and the customs body about the taxpayer, the payer of insurance premiums, with the exception of information:

1) that are publicly available, including those that became so with the consent of their owner - the taxpayer (payer of insurance premiums). Such consent is provided at the choice of the taxpayer (payer of insurance premiums) in relation to all or part of the information received by the tax authority, in the form, format and in the manner approved by the federal executive body authorized for control and supervision in the field of taxes and fees;
2) about the taxpayer identification number;
3) excluded. — Federal Law of July 9, 1999 N 154-FZ;
3) on violations of the legislation on taxes and fees (including the amounts of arrears and debts on penalties and fines, if any) and penalties for these violations;
4) provided to tax (customs) or law enforcement authorities of other states in accordance with international treaties (agreements), one of the parties to which is the Russian Federation, on mutual cooperation between tax (customs) or law enforcement authorities (in terms of information provided to these authorities), including within the framework of international automatic exchange of information;
5) information provided to election commissions in accordance with the election legislation based on the results of checks by the tax authority about the amount and sources of income of the candidate and his spouse, as well as about the property owned by the candidate and his spouse;
6) provided to the State Information System on state and municipal payments, provided for by Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”;
7) on special tax regimes applied by taxpayers, as well as on the taxpayer’s participation in a consolidated group of taxpayers;
provided to local government bodies (government bodies of federal cities of Moscow, St. Petersburg and Sevastopol) in order to monitor the completeness and accuracy of information provided by payers of local fees for the calculation of fees, as well as the amounts of arrears on such fees;
9) on the average number of employees of the organization for the calendar year preceding the year of posting the specified information on the Internet information and telecommunications network in accordance with paragraph 1.1 of this article;
10) on the amounts of taxes and fees paid by the organization in the calendar year preceding the year of posting the specified information on the information and telecommunications network “Internet” in accordance with paragraph 1.1 of this article (for each tax and fee) without taking into account the amounts of taxes (fees) paid in connection with the import of goods into the customs territory of the Eurasian Economic Union, the amount of taxes paid by the tax agent, the amount of insurance premiums;
11) on the amounts of income and expenses according to the accounting (financial) statements of the organization for the year preceding the year in which the specified information was posted on the Internet information and telecommunications network in accordance with paragraph 1.1 of this article;
12) on registration with the tax authorities of foreign organizations in accordance with paragraph 4.6 of Article 83 of this Code.

13) on registration with tax authorities of individuals in accordance with paragraph 7.3 of Article 83 of this Code;

14) on the interim measures taken by the tax authority and the application of methods to ensure the fulfillment of the obligation to pay taxes, fees, and insurance contributions provided for by this Code.

1.1. Information about the organization specified in subparagraph 3 (in terms of information on the amounts of arrears and debts for penalties and fines (for each tax and fee, insurance premium), tax offenses and penalties for their commission) and in subparagraphs 7, 9 - 11 of paragraph 1 of this article are posted in the form of open data on the official website of the federal executive body authorized for control and supervision in the field of taxes and fees, on the Internet information and telecommunications network, with the exception of information about the organization that constitutes a state secret. Information to be posted is not provided upon request, except in cases provided for by federal laws.

The terms and period for posting the information specified in paragraph one of this paragraph, the procedure for their formation and placement are approved by the federal executive body authorized for control and supervision in the field of taxes and fees.

. Tax secrets are not subject to disclosure by tax authorities, internal affairs bodies, investigative bodies, bodies of state extra-budgetary funds and customs bodies, their officials and attracted specialists and experts, except for cases provided for by federal law.

Disclosure of tax secrets includes, in particular, the use or transfer to another person of information that constitutes a trade secret (trade secret) of the taxpayer, payer of insurance premiums and which has become known to an official of the tax authority, internal affairs body, investigative body, body of a state extra-budgetary fund or customs body , to an engaged specialist or expert in the performance of their duties.

2.1. It is not a disclosure of tax secrets if a tax authority provides information to the responsible participant in a consolidated group of taxpayers about the members of this group constituting a tax secret, as well as submitting information about projected income tax revenues to the financial authorities of the constituent entities of the Russian Federation in whose territories the participants of the consolidated group of taxpayers operate. organizations to the budgets of the constituent entities of the Russian Federation from a consolidated group of taxpayers in the current financial year, for the next financial year and planning period and on factors influencing the planned revenues of corporate income tax received in accordance with subparagraph 9 of paragraph 3 of Article 25.5 of this Code.

. Information constituting a tax secret received by tax authorities, internal affairs bodies, investigative bodies, bodies of state extra-budgetary funds or customs bodies has a special storage and access regime.

Access to information constituting a tax secret is available to officials determined respectively by the federal executive body authorized for control and supervision in the field of taxes and fees, the federal executive body authorized in the field of internal affairs, the federal government body exercising powers in the field of criminal legal proceedings, the federal executive body authorized in the field of customs affairs.

. The loss of documents containing information constituting a tax secret, or the disclosure of such information, entails liability provided for by federal laws.

. The provisions of this article regarding the determination of the composition of information about taxpayers (payers of insurance premiums) that constitute a tax secret, the prohibition on disclosure of this information, requirements for a special regime of storage and access to this information, as well as liability for the loss of documents containing this information or disclosure such information applies to information about taxpayers (payers of insurance premiums) received by organizations subordinate to the federal executive body authorized for control and supervision in the field of taxes and fees, which enter and process data about taxpayers (payers of insurance premiums), as well as to employees the specified organizations.

Access to information constituting a tax secret in state bodies, local government bodies or organizations that received such information in accordance with the anti-corruption legislation of the Russian Federation is available to officials determined by the heads of these state bodies, local government bodies or organizations.

Access to the information specified in this paragraph that constitutes a tax secret in state bodies to which such information was received in accordance with the regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation is available to officials determined by the heads of these state bodies.

. Information contained in a special declaration submitted in accordance with the Federal Law “On the voluntary declaration by individuals of assets and accounts (deposits) in banks and on amendments to certain legislative acts of the Russian Federation”, and (or) the documents attached to it and (or ) information is recognized as a tax secret, taking into account the following features:

1) such information is recognized as a tax secret without the exceptions established by subparagraphs 1 - 3 and 5 - 8 of paragraph 1 of this article;
2) disclosure of such information and loss of submitted special declarations and (or) documents and (or) information attached to them are grounds for criminal prosecution for illegal disclosure of information constituting tax secrets in accordance with the Criminal Code of the Russian Federation;
3) an official of the tax authority to whom such information became known cannot be held liable for refusing to testify on circumstances that became known to him from the information specified in paragraph one of this paragraph;
4) such information can be requested from the tax authority only at the request of the declarant himself, recognized as such in accordance with the Federal Law specified in paragraph one of this paragraph;
5) if it is necessary to confirm the fact of submission to the tax authority of a special declaration and documents and (or) information attached to the declaration, and the reliability of the information contained therein, an official of a government body or a bank, to which, as a basis for providing the guarantees provided for in this paragraph, paragraph one of this paragraph by the Federal Law, a copy of the special declaration was presented with a mark from the tax authority on its acceptance, has the right to send it to the federal executive body authorized for control and supervision in the field of taxes and fees, for verification with the original of the special declaration located on the centralized storage. The federal executive body authorized for control and supervision in the field of taxes and fees, within five days after receiving such a copy of the special declaration, sends a response notification about whether the received copy of the special declaration corresponds or does not correspond to the original.

. The provisions of this article regarding the ban on disclosure of information constituting a tax secret, requirements for a special regime for storing said information and access to it, liability for the loss of documents containing the specified information, or for disclosure of the specified information apply to information received by the financial authorities of the constituent entities of the Russian Federation. Federations in the territories of which members of the consolidated group of taxpayers operate, as part of information on projected income tax revenues of organizations to the budgets of the constituent entities of the Russian Federation from members of the consolidated group of taxpayers in the current financial year, for the next financial year and planning period, and on factors influencing on planned corporate income tax revenues.

Access to the information specified in this paragraph that constitutes a tax secret in the financial authorities of the constituent entities of the Russian Federation is available to officials determined by the heads of these financial authorities.