Art. 204 of the Criminal Code of the Russian Federation Commercial bribery, otherwise called commercial bribery, is similar to Art. 290 of the Criminal Code of the Russian Federation Receiving a bribe and Art. 291 of the Criminal Code of the Russian Federation Giving a bribe only provides for liability for the giving and receiving of material assets not by an official, but by a person performing managerial functions in a commercial or other organization. Moreover, Art. 204 of the Criminal Code of the Russian Federation, in contrast to Art. Art. 290 and 291 of the Criminal Code of the Russian Federation, combined elements providing for liability both for the illegal transfer of part. 1-4 tbsp. 204 of the Criminal Code of the Russian Federation, and for illegal receipt of part. 5-6 tbsp. 204 of the Criminal Code of the Russian Federation of money, securities, other property, services of a property nature or other property rights.
Simple composition part 1 tbsp. 204 of the Criminal Code of the Russian Federation, the transfer of commercial bribery provides for a less severe maximum penalty of up to two years in prison than the simple offense provided for in Part 5 of Art. 204 of the Criminal Code of the Russian Federation, receipt of commercial bribery, which is punishable more severely, and the maximum penalty for which is up to three years in prison. Parts 2, 3 art. 204 of the Criminal Code of the Russian Federation and parts 6, 7 of Art. 204 of the Criminal Code of the Russian Federation defines offenses with additional qualifying criteria for giving and receiving a commercial bribe, respectively. This is a significant amount (parts 2 and 6), as well as a group of persons, a preliminary conspiracy or an organized group, a large size, for obviously illegal actions (parts 4 and 7) of Art. 204 of the Criminal Code of the Russian Federation. Part 7 art. 204 of the Criminal Code of the Russian Federation contains another qualifying sign of receiving commercial bribery - if it is associated with extortion of the subject of bribery. Moreover, it should be noted that a more severe sanction with the same qualifying criteria for receiving commercial bribery is provided.
Another component of a commercial bribe, Art. 204.1 of the Criminal Code of the Russian Federation Mediation in commercial bribery. The sanction for both simple and qualified elements of this article is no less severe than for commercial bribery itself, the qualifying features are similar to Art. 204 of the Criminal Code of the Russian Federation, but there is a special qualifying composition provided for in Part 4 of Art. 204.1 of the Criminal Code of the Russian Federation Promise or offer of commercial bribery.
There is also another independent element regarding commercial bribery, provided for in Art.
204.2 of the Criminal Code of the Russian Federation Petty commercial bribery, providing for liability for bribery in an amount of no more than ten thousand rubles, the maximum penalty for a qualified composition of which does not exceed one year of imprisonment. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Defense in cases of commercial bribery under Art. 204 of the Criminal Code of the Russian Federation
The tactics of defense in cases of commercial bribery regarding the act itself can be very similar to the tactics of defense in cases of bribery. In criminal cases of commercial bribery, the subject is slightly different than in cases of official bribery; in the first case, it is a person performing managerial functions, in the second, an official. When developing a defense position, attention should be paid to whether the defendant is a subject of the crime, whether he was given managerial functions; if this is not the case, then another qualification is possible, and if it is less serious, improving the position of the defendant, then it is advisable to follow such defense tactics. Otherwise, the defense in cases of commercial bribery is formed individually, depending on the circumstances.
Aggravating circumstances
The above acts can be committed:
- A group (organized) or persons who previously agreed.
- For knowingly illegal inaction/action.
- In large size.
Article 204 part 3 of the Criminal Code of the Russian Federation establishes for this:
- Fine up to 1.5 million rubles. or in the amount of receipts (income, salary) for 1 year or exceeding what was received by 20-50 times.
- 3-7 years in prison.
Additional sanctions are:
- A ban on carrying out activities, appointment to positions established by a judge, for a period of up to three years. This punishment may include a fine and imprisonment.
- A monetary penalty in an amount exceeding 30 times what was received. This fine can only be imposed in addition to imprisonment.
Lawyer in cases of commercial bribery under Art. 204 of the Criminal Code of the Russian Federation
Criminal cases of commercial bribery are specific at the expense of the subject; it is this circumstance that will influence the qualification of the illegal transfer of material assets, whether it is commercial bribery, or a bribe or fraud. In order to ensure yourself the opportunity to take the most advantageous defense position at the very beginning, contacting a lawyer should be at the very beginning of the criminal prosecution, preferably at the stage of verification in accordance with Art. 144-145 Code of Criminal Procedure of the Russian Federation. This gives a serious advantage to the defense. If you have been overtaken by criminal prosecution for commercial bribery, do not panic, maintain composure, seek protection from criminal prosecution through a criminal lawyer, call a lawyer at the phone number listed on the website.
Significant size
It recognizes a sum of money, the value of securities, other property, real rights, services exceeding 25 thousand rubles. For the above acts committed on such a significant scale, Article 204 Part 2 of the Criminal Code of the Russian Federation establishes the following penalties:
- Fine. Its size is up to 80 thousand rubles. or the amount of income of the culprit for 9 months. or exceeding the received one by 10-30 times.
- 1-2 years of correctional labor or restriction of freedom.
- Up to three years in prison.
In addition, it is possible to impose a ban on conducting activities or appointment to positions determined by a judge. When a fine is imposed, it is valid for 2 years, and in the case of restriction or imprisonment, as well as correctional labor, it is valid for 3 years.
Commentary on Article 204 of the Criminal Code of the Russian Federation
Article 204 of the Criminal Code of the Russian Federation established liability for commercial bribery. In fact, the norms of this article establish liability for two different crimes:
1) illegal transfer to a person performing managerial functions in a commercial or other organization of money, securities, other property, as well as illegal provision of services of a property nature to him for the commission of actions (inaction) in the interests of the giver in connection with the official position occupied by this person (h Parts 1 and 2 of Article 204 of the Criminal Code of the Russian Federation);
2) illegal receipt by a person performing managerial functions in a commercial or other organization of money, securities, other property, as well as illegal use of services of a property nature for the commission of actions (inaction) in the interests of the giver in connection with the official position occupied by this person (Part. Parts 3 and 4 of Article 204 of the Criminal Code of the Russian Federation).
The main object of this crime, as well as the crime provided for in Art. 201 of the Criminal Code of the Russian Federation is the normal management activity of a commercial or other organization that is not a state or municipal body or institution. If the illegal receipt of the subject of bribery is associated with extortion, then the additional object is the rights and legitimate interests of citizens or organizations or the interests of society or the state protected by law.
The subject of commercial bribery is money, securities and other property, as well as the illegal provision of property services. Here we should pay attention to the fact that the subject of commercial bribery and receiving a bribe do not fully coincide. In its first part, the subject of commercial bribery is identical to the subject of receiving a bribe: money, securities, other property. But the second component of the subject of the crime is somewhat different. The subject of commercial bribery is the illegal provision of services of a property nature, and the subject of receiving a bribe is a benefit of a property nature.
As noted in paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000 No. 6 “On judicial practice in cases of bribery and commercial bribery,” within the meaning of the law, the subject of a bribe or commercial bribery, along with money, securities and other property, can be benefits or services of a property nature, provided free of charge, but subject to payment (provision of tourist vouchers, apartment renovation, construction of a summer house, etc.). Benefits of a property nature should be understood, in particular, as an understatement of the value of transferred property, privatized objects, a reduction in rental payments, and interest rates for using bank loans. The specified benefits and services of a property nature must receive a monetary value in the verdict <1>. Thus, the Plenum of the Supreme Court of the Russian Federation does not distinguish between the two concepts under consideration that define the subject of receiving a bribe and commercial bribery. At the same time, in practice there is sometimes a position according to which the concept of providing a service in the criminal law aspect somewhat goes beyond the scope of the same concept in the civil law aspect, and, in particular, a service is considered, for example, forgiveness of an unpaid loan, performance of certain work and etc. And one more point, which, from our point of view, still allows us to discern some difference between benefits of a property nature and the provision of services of a property nature. The fact is that the legislator, speaking about property benefits, did not establish any restrictions in relation to it. Examples of benefits of a property nature are given above, and their source can be both legal and illegal actions in terms of realizing the benefit. So, for example, a reduction in rental payments will be a benefit as in the case when they are reduced within the powers of the subject of giving a bribe, i.e. legally, and when the subject went beyond its powers and reduced payments illegally.
——————————— <1> Bulletin of the Supreme Court of the Russian Federation. 2000. N 4.
With regard to commercial bribery, the situation is somewhat different. The law, as a mandatory feature of the provision of services of a property nature, indicates its (rendering) illegality, which narrows the concept of services of a property nature in relation to the concept of benefits of a property nature.
A slightly different legislative formulation compared to receiving a bribe is also used regarding such a circumstance as the basis for the transfer of the relevant item. When receiving a bribe, this is an action (inaction), as well as general patronage or connivance in the service. Part 1 of Art. 204 of the Criminal Code of the Russian Federation does not provide for the latter basis. But the wording of this norm does not exclude it, since the concept “in connection with the official position held by this person” includes, from our point of view, all the grounds for transferring the subject of bribery. In addition, this formulation is quite extensive from other points of view. The legislator’s definition of the basis for transferring the subject of bribery as a connection with the official position held and the absence of any restrictions in this regard in the law allow us to say that this connection covers both the commission of legal or illegal actions (inaction) in the interests of the giver, and general patronage or connivance in service.
General patronage in the service may include, in particular, actions related to undeserved encouragement, extraordinary unjustified promotion.
Connivance in service should include, for example, failure by an official to take action for omissions or violations in the official activities of the bribe-giver or the persons he represents, or failure to respond to his unlawful actions.
At the same time, it should be noted that in practice there is also a narrower interpretation of the concept in question, in which general patronage and connivance are not considered as a basis for the transfer of the subject of bribery.
Thus, the objective side of Part 1 of Art. 204 of the Criminal Code of the Russian Federation consists of the illegal transfer to a person performing managerial functions in a commercial or other organization of money, securities, or other property, or the illegal provision of property-related services to him.
The Plenum of the Supreme Court of the Russian Federation in paragraph 9 of the said Resolution, considering the issue of the objective side of commercial bribery and bribery, noted that the court should indicate in the verdict for which specific actions (inaction) an official or a person performing managerial functions in a commercial or another organization, received a bribe or the subject of commercial bribery from an interested party, and the latter, naturally, handed it over. The time of their transfer (before or after the commission of an action (inaction) in the interests of the giver) does not affect the qualification of the act.
Bribery will also take place if the subject of bribery is transferred not to the person performing managerial functions, but to his relatives or friends, but with his consent, or if he did not object to this and used his official powers in favor of the person giving the subject of bribery.
The grounds for transferring and, accordingly, receiving the subject of bribery can be expressed explicitly, openly, or can be veiled. For example, transferring money (fee) for an unwritten book, under the guise of a gift for some holiday, losing at billiards or cards, etc. — the forms of veiling bribery are very diverse. Bribery cannot be recognized as a gift under any circumstances, since there are significant differences between these concepts. The subject of bribery is always transferred for something (action, inaction in the interests of the giver, general patronage, connivance), and a gift (donation agreement) in accordance with Art. 572 of the Civil Code of the Russian Federation is always free of charge.
The corpus delicti is formal. The crime is completed from the moment of transfer (reception) of at least part of the illegal reward.
“In cases where... a person performing managerial functions in a commercial or other organization refused to accept. subject of commercial bribery. the person handing over the item. bribery, is liable for attempted crime provided for. the relevant part of Article 204 of the Criminal Code of the Russian Federation. If the conditional transfer of valuables did not take place due to circumstances beyond the control of the persons who tried to transfer or receive the item. bribery, what they did should be qualified as an attempt to obtain. illegal reward in commercial bribery. Cannot be classified as an attempt. for commercial bribery, the expressed intention of a person to give (receive) money, securities, other property, or to provide the opportunity to illegally use services of a material nature in cases where the person did not take any specific actions to implement the expressed intention” <1>.
——————————— <1> See: paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000
The purpose of the transfer or provision of services is for the person performing management functions to perform actions (inaction) in the interests of the giver. However, achieving the goal, i.e. The performance by the manager of certain actions in the interests of the giver is not a mandatory element of the objective side of the crime.
The subjective side of the illegal transfer of the subject of bribery is characterized by guilt in the form of direct intent: the person realizes that he is transferring an illegal reward for performing actions in the interests of the giver in connection with the official position held by the manager, and wants to make the transfer.
The general subject of the transfer of bribery is a sane individual who has reached the age of sixteen years.
Part 2 Art. 204 of the Criminal Code of the Russian Federation provides for liability for committing a crime under Part 1 of the same article, but committed by a group of persons by prior conspiracy or by an organized group.
Under this part, liability arises if two or more persons agreed in advance (prior to the transfer of the subject of bribery) to commit a crime (a group of persons by prior conspiracy), and for commission by an organized group - if two or more persons united in advance to commit one or more crimes (Article 35 of the Criminal Code of the Russian Federation). At the same time, it is often typical for an organized group to establish long-term ties with the person receiving money, property or services.
When considering the question of the qualifying feature - a group of persons by prior conspiracy - in relation to the transfer of the subject of bribery, attention should be paid to the fact that a group of persons can only occur when the transfer is carried out by two or more performers. For this qualifying feature, it does not matter whether the subject of bribery was transferred jointly or by one person, including an intermediary, whether the bribe was transferred for one action in the common interests or for different actions in the interests of each of those giving the subject of bribery. It is the person representing the subject of bribery who is the perpetrator of the crime. Therefore, the person who directly transfers the subject of bribery is not always recognized as the perpetrator.
According to the note to Art. 204 of the Criminal Code of the Russian Federation, a person who committed acts provided for in Part 1 or 2 of Art. 204 of the Criminal Code of the Russian Federation, is exempt from criminal liability if extortion took place against him or if this person voluntarily reported bribery to an authority that has the right to initiate a criminal case.
Thus, the note establishes two grounds for exemption from criminal liability for the transfer of the subject of bribery:
1) extortion on the part of the recipient of property;
2) voluntary reporting of bribery to law enforcement agencies.
Extortion in the sense of this note will occur if the person who received the property commits a crime provided for in paragraph “c” of Part 4 of Art. 204 of the Criminal Code of the Russian Federation, i.e. illegal receipt by a person performing managerial functions in a commercial or other organization of money, securities, other property, as well as illegal use of services of a property nature for performing actions (inaction) in the interests of the giver in connection with the official position held by this person, if these actions involve with extortion.
In accordance with Art. 146 of the Code of Criminal Procedure of the Russian Federation in the presence of reason and grounds provided for in Art. 140 of the Code of Criminal Procedure of the Russian Federation, a criminal case is initiated by the body of inquiry, an inquiry officer or an investigator within the competence established by the Code of Criminal Procedure of the Russian Federation, about which a corresponding resolution is issued.
When deciding the issue of releasing from criminal liability a person who has informed the body that has the right to initiate a criminal case about the illegal transfer of money, securities, or other property to a person performing managerial functions in a commercial or other organization, it should be borne in mind that the message (written or oral) must be recognized as voluntary, regardless of the motives that guided the applicant. A communication made due to the fact that commercial bribery has become known to the authorities cannot be considered voluntary.
The release of a person who has committed commercial bribery from criminal liability based on voluntary reporting of a crime does not mean the absence of corpus delicti in his actions. Therefore, it cannot be recognized as a victim and has no right to claim the return of valuables transferred as an object of commercial bribery. Exemption from criminal liability on the basis of the note to Art. 204 of the Criminal Code of the Russian Federation is mandatory and unconditional.
The objective side of the crime provided for in Part 3 of Art. 204 of the Criminal Code of the Russian Federation, consists of the illegal receipt by a person performing managerial functions in a commercial or other organization of money, securities, other property, as well as the illegal use of services of a property nature for the commission of actions (inaction) in the interests of the giver in connection with the official position held by this person position.
Speaking about the action (inaction) of a person performing managerial functions, which he must perform in the interests of the giver of the bribe, it should be emphasized that these actions (inaction) can be of both a legal and illegal nature. Lawful actions (inaction) should be understood as those actions that a person is authorized or obliged to perform in accordance with the official powers assigned to him, and illegal actions are illegal actions that did not arise from his official powers or were committed contrary to the interests of the service, as well as actions containing signs of a crime or other offense.
The corpus delicti is formal. Receipt of illegal remuneration through commercial bribery is considered completed from the moment the recipient accepts at least part of the transferred values. At the same time, the qualification of the act is not affected by the person’s intentions regarding the disposal of the bribed item received.
Thus, S. received $2,200 (commercial bribery) and intended to draw up documents for the purchase of a car, but was detained by police officers in the premises of the State Road Safety Inspectorate (STSI) of the Internal Affairs Directorate red-handed - with the dollars handed over to him.
The court's reasoning that the ultimate goal of the actions of the guilty person was the acquisition of a car, and not money, and therefore his actions should be regarded as an attempted crime, was recognized by the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation as untenable, since the money for the purchase of a car and beyond it S. received the value and actually intended to dispose of it.
The case was sent for a new trial <1>.
——————————— <1> See: Review of judicial practice of the Supreme Court of the Russian Federation for the III quarter of 2000 (in criminal cases) (approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of January 17, 2001) / / Bulletin of the Supreme Court of the Russian Federation. 2001. N 4.
In cases where a person performing managerial functions in a commercial or other organization refused to accept the subject of commercial bribery, the person transferring the subject of bribery is liable for an attempted crime under the relevant part of Art. 204 of the Criminal Code of the Russian Federation.
If the conditional transfer of valuables did not take place due to circumstances beyond the control of the persons who tried to transfer or receive the subject of bribery, what they did should be qualified as an attempt to receive or give illegal remuneration.
The expressed intention of a person to give (receive) money, securities, other property or to provide the opportunity to illegally use material services in cases where the person did not take any specific actions to implement the expressed intention cannot be qualified as an attempted commercial bribery.
The receipt by a person performing managerial functions in a commercial or other organization of money, securities and other material assets allegedly for committing an action (inaction) that he cannot carry out due to lack of official authority or the inability to use his official position should be qualified if there is intent to acquire said valuables as fraud under Art. 159 of the Criminal Code of the Russian Federation.
The owner of valuables in such cases is liable for attempted commercial bribery if the transfer of valuables was aimed at carrying out the desired action (inaction) by the specified persons.
If a person receives money or other valuables from someone, allegedly for transfer to a person performing managerial functions in a commercial or other organization, as the subject of commercial bribery and, without intending to do so, appropriates them, what he has done should be qualified as fraud. The actions of the owner of valuables in such cases are subject to qualification as an attempt at commercial bribery. It does not matter whether a specific person was named, performing managerial functions in a commercial or other organization, to whom the illegal remuneration was supposed to be transferred.
The commission of the actions (inactions) themselves in the interests of the giver is not covered by the crime under consideration, therefore, if such actions contain an independent element of crime, additional qualification of these actions is required.
From the subjective side, this crime is committed with direct intent. The person is aware that he is illegally receiving the subject of bribery and wants to receive it. The motive for the crime does not affect the qualification of the act.
The subject of the crime is special, similar to the subject of the crime provided for in Art. 201 of the Criminal Code of the Russian Federation. A person who does not perform managerial functions in a commercial or other organization when committing commercial bribery in the form of illegally obtaining its object cannot be recognized as its perpetrator. Such a person can only act as an organizer, instigator or accomplice.
Part 4 art. 204 of the Criminal Code of the Russian Federation provides for two qualifying features of this crime:
1) commission of a crime by a group of persons by prior conspiracy or by an organized group;
2) committing a crime involving extortion.
As noted above, only perpetrators can form a group of persons by prior conspiracy. In case of illegal receipt of the subject of bribery, the perpetrator is exclusively a person performing managerial functions in a commercial or other organization. Therefore, for there to be a group of persons by prior conspiracy, at least two such persons are required in advance, i.e. before the beginning of the execution of the objective side of the crime, having agreed to commit it. At the same time, persons performing managerial functions can perform them in one or in different commercial or other organizations.
Complicity may occur if the crime involves, for example, a person performing managerial functions and an official. But in this case there cannot be a qualifying feature of a group of persons by prior conspiracy in relation to Art. Art. 204 or 290 of the Criminal Code of the Russian Federation, since in such cases it is necessary to have homogeneous special entities.
Just like a group of persons by prior conspiracy, an organized group can only be formed by the perpetrators. But this general approach to crimes that require a common subject is not applicable to an organized group for crimes with a special subject. If in the first case the organized group is made up of co-performers (simple complicity), then in the second case, the organized group may also include persons who are not performers, but organizers, instigators and accomplices.
This conclusion follows from the content of paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 10, 2000, which states that “an organized group may include persons who are not officials or do not perform managerial functions in a commercial or other organization, who have previously united for committing one or more crimes. If there are grounds for this, they are liable in accordance with part four of Article 34 of the Criminal Code of the Russian Federation as organizers, instigators or accomplices of crimes provided for in Articles 204, 290 and 291 of the Criminal Code of the Russian Federation. In such cases, the crime is recognized as completed from the moment the bribe or illegal reward for commercial bribery is accepted by at least one of the officials or persons performing managerial functions in a commercial or other organization" <1>.
——————————— <1> Bulletin of the Supreme Court of the Russian Federation. 2000. N 4.
A person performing managerial functions in a commercial or other organization, who suggested that an employee subordinate to him in service, in order to achieve the desired action (inaction) in the interests of his organization, give a bribe to an official, is liable under the relevant part of Art. 291 of the Criminal Code of the Russian Federation as the perpetrator of the crime, and the employee who carried out his instructions - as an accomplice in giving a bribe.
A person performing managerial functions in a commercial or other organization, who has proposed to an employee subordinate to him in service, in order to achieve the desired action (inaction) in the interests of his organization, to transfer money, securities, or other property to the person performing managerial functions in a commercial or other organization, is liable according to part 1 or 2 tbsp. 204 of the Criminal Code of the Russian Federation as the perpetrator of the crime, and the employee who carried out his instructions - as an accomplice in commercial bribery.
The qualification of the actions of an intermediary in commercial bribery is determined by whose interests he represented during the commission of the crime. Therefore, if he represented the interests of the person transferring the subject of bribery, his actions are qualified as complicity in the illegal transfer of bribery or, otherwise, as complicity in receiving the subject of bribery, but in both cases with reference to the relevant part of Art. 33 of the Criminal Code of the Russian Federation.
The second qualifying feature - extortion - means the demand of a person performing managerial functions in a commercial or other organization to transfer illegal remuneration in the form of money, securities, or other property during commercial bribery under the threat of committing actions that could cause damage to the legitimate interests of a citizen or put the latter in harm's way. such conditions under which he is forced to give a bribe or commit commercial bribery in order to prevent harmful consequences for his legally protected interests.
Based on this, extortion as a method of committing commercial bribery can be committed in two main ways:
1) direct demand for remuneration from a person under the threat of violation of his legal rights and interests;
2) placing a person in such conditions under which he will be forced to pay remuneration in order to avoid damage to his rights and interests. If a person refuses to transfer the reward, then the actions of the person demanding the transfer of money contain elements of an attempted crime provided for in paragraph “c” of Part 4 of Art. 204 of the Criminal Code of the Russian Federation.
However, extortion will not take place if the threat of damage relates to the illegal interests of the citizen.
From related offenses, the crime provided for in Art. 204 of the Criminal Code of the Russian Federation, differs in the following ways: from crimes provided for in Art. Art. 290, 291 of the Criminal Code of the Russian Federation - giving and receiving a bribe - according to the subject of the crime. In Art. 204 is a person performing managerial functions in a commercial organization, in Art. Art. 290, 291 of the Criminal Code of the Russian Federation - an official. In addition, a distinction is made based on the object of the attack. The object of the crime under Art. 204 of the Criminal Code of the Russian Federation are social relations in the sphere of the normal course of management activities in commercial organizations, and the object of crimes provided for in Art. Art. 290, 291 of the Criminal Code of the Russian Federation, is the normal course of management relations in state and municipal institutions.
Additionally
Article 204 part 4 of the Criminal Code of the Russian Federation establishes sanctions for acts committed in an amount recognized as particularly large. It is considered the amount of funds, the value of securities, other things, property rights, services exceeding 1 million rubles. Responsibility arises for the acts specified in part 3, paragraphs “a” and “b”, and is established in the form of:
- Fine. Its size is 1-2 million rubles. or the amount of income received by the offender for 2-6 months, or equal to 40-70 times the amount received. Additionally, a ban on holding positions or conducting activities established by a judge for 5 years may be imposed.
- 4-8 years in prison. Additionally, a monetary penalty is imposed in an amount exceeding 40 times the amount received, as well as the prohibition specified above.
Receiver's responsibility
Article 204 of the Criminal Code of the Russian Federation (as amended) provides for punishment not only for entities that illegally transfer sums of money, securities, other property, real rights, as well as those providing services. Let's look at some sanctions. Part 5 establishes responsibility for citizens who accept this in the form of:
- Fine up to 700 thousand rubles. or in the amount of income for 9 months. or exceeding the value obtained by 10-30 times.
- Up to 3 years in prison. In addition, a fine of 15 times the amount received may be imposed.
Article 204 part 7 of the Criminal Code of the Russian Federation establishes punishment for the same acts, but committed:
- By previously agreed persons or an organized group.
- With extortion.
- For illegal inactions/actions.
- In large size.
The perpetrators face:
- Monetary recovery of 1-3 million rubles. or equal to income for 1-3 years or an amount exceeding the amount received by 30-60 times. In addition, the court may impose a ban on carrying out certain activities or appointment to a number of positions for 5 years.
- Imprisonment for 5-9 years. Additionally, a fine may be imposed in an amount exceeding the amount received by 40 times, or the prohibition specified above.
Assistance in investigation
The note to the norm in question provides for the possibility of withdrawing charges of a crime from the subject. It is implemented if a citizen actively assists in the investigation or disclosure of an act. In particular, such actions are assumed by which a person helps to identify all citizens involved in a crime, to objectively and fully identify the circumstances of the event. For example, this could be an indication of the participants in the attack, truthful testimony, and so on.
Specifics of the attack
The corpus delicti is considered formal. The act is considered completed at the moment of receipt/transfer of at least some part of the values. If a person performing functions related to management activities at an enterprise refuses to accept property or rights, then the entity transferring them is held accountable for attempted crime. In some cases, the provision/receipt of valuables is prevented by circumstances beyond the control of the participants. In this case, their actions are regarded as an attempt to transfer/accept illegal remuneration during bribery.
Voluntary reporting of an act
Exemption from liability under the norm in question is allowed if the subject, of his own free will, notifies the body authorized to initiate criminal proceedings about the crime. This feature is realized under certain conditions. First of all, the message must be voluntary. This means that the person must independently decide on the need to notify the authorized body. Secondly, the message must be received by law enforcement agencies before they become aware of the crime from other sources. The reasons why a citizen notifies the authorized bodies do not matter. Particular attention should be paid to the fact that exemption from liability is allowed if the message is transmitted specifically to a specific body vested with the right to initiate criminal proceedings, and not to any government agency. Of course, the actions of the subject reporting the act should not contain signs of other crimes.
