Commercial bribery - punishment under Article 204 of the Criminal Code of the Russian Federation

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

What is commercial bribery

In accordance with Art.
204 of the Criminal Code of the Russian Federation, commercial bribery is the unlawful transfer of material benefits, property rights or the provision of services to a person performing managerial functions in a commercial or other non-governmental organization, in exchange for actions or inaction in the interests of the transferor or the persons he represents. Attention: the opposite action, that is, the receipt of such benefits by a person performing managerial functions, also forms part of commercial bribery.

In other words, commercial bribery is almost the same as bribery, but the recipient here is not a civil servant, but the head or other manager of a commercial organization.

We recommend that you read this interesting article from ConsultantPlus about commercial bribery. If you don't have access to the system yet, you can get it for 2 days for free. Or order the current price list to purchase permanent access.

Who is the person performing management functions?

The answer to this question is given in paragraph. 3 clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 16, 2009 No. 19:

Thus, persons managing management functions include:

• head of a commercial, religious organization, consumer cooperative or public association;
• founder;
• member of the board of directors;
• member of the board of a joint-stock company, etc.

Significant, large and especially large amounts of commercial bribery - table

Depending on the amount of money received or transferred, as well as the value of other property, the amount of commercial bribery can be:

• small;
• ordinary;
• significant;
• large;
• especially large.

Let's present it in the form of a table:

Commercial bribery: corpus delicti - table

Like any other norm of the Special Part of the Criminal Code, Art. 204 allows you to highlight the objective and subjective sides of the crime, determine its object and subject. Analysis of these elements makes it possible to identify the main differences from other similar compounds and correctly qualify the actions of the subject.

Details about what a crime is and what its legal significance is:

The concept and meaning of the crime Read more

Subject of the crime

Speaking about the subject of the crime, it should be noted that Art. 204 of the Criminal Code is formulated in such a way that it simultaneously provides for liability both for the person receiving material benefits or services, and for the one who transfers or provides them. Thus, the liability of both subjects of the crime can be very significant.

An individual who has reached the age of 16 can be held liable for the unlawful transfer of goods or provision of services. It can represent both its own personal interests and the interests of third individuals or legal entities.

The recipient of remuneration can only be a person performing managerial functions in a commercial or other non-governmental organization. Thus, in this case, the Criminal Code provides exclusively for a special subject.

The case of complicity is worth special mention. Part 2 of the article in question provides for the possibility of committing such a crime by a group of persons by prior conspiracy. It can be carried out by persons who do not have the characteristics of a special subject. If this is not accomplished through mediation, which forms an independent composition, then it must be qualified under Art. 204, but with reference to Art. 33 of the Criminal Code of the Russian Federation. This position is also voiced by the Plenum of the Supreme Court in its resolution No. 24 dated 07/09/2013.

Objective and subjective sides of commercial bribery

The Criminal Code of the Russian Federation defines commercial bribery as a crime committed solely with intent. This means that subjects are aware of the criminality of their actions and want unlawful consequences to occur.

The objective side of commercial bribery can be expressed both in the transfer of the subject of a crime and in its receipt. That is, we are talking about a crime with a so-called double subject. Moreover, if in the first case this can be any sane person aged 16 years or older, then in the second - exclusively a person performing managerial functions in a non-state enterprise, that is, a special subject.

The special subject agrees to act or fail to act in the interests of the bribery offerer or the persons he represents. The crime itself is considered completed from the moment the reward is accepted. That is, the fulfillment of the terms of the agreement between the parties to bribery is not included in the objective side.

Object and subject of commercial bribery

Speaking about the object of this crime, we can distinguish the main and additional ones. The main one is the interests and social relations that develop during the implementation of management activities in a commercial or other enterprise. However, these relationships are closely interconnected with others that form an additional object of criminal attack.

We can talk about damage caused by:

• material and intangible interests, rights and legitimate interests of third parties engaged in economic activities;
• image of an employee of a commercial or other organization.

The subject of commercial bribery is varied. The Criminal Code includes in the list:

• money and securities;
• property and property rights;
• property services.

The last wording seems very vague, so it is explained in the resolution of the Plenum of the Supreme Court dated July 9, 2013 No. 24. Property services can be understood as:

• providing a loan on easier terms;
• tourist vouchers provided free of charge or at a reduced cost;
• provision of repair and construction services;
• transfer of real estate and vehicles for use;
• forgiveness of debt or fulfillment of obligations to other persons.

Recently, there has been greater ingenuity of bribery subjects in the field of transferring the subject of bribery. Subjects agree to intentionally lose (for example, in gambling), transfer an item to relatives, etc. This creates serious difficulties in proving that a crime has been committed.

Commentary to Art. 204 Criminal Code

1. The commented article combines two independent elements of crime: giving commercial bribery (parts 1 - 4) and receiving commercial bribery (parts 5 - 8). The features of both crimes have much in common with the offenses of receiving and giving a bribe (Articles 290 and 291 of the Criminal Code); Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 9, 2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” is devoted to issues of their qualifications.

2. The subject of commercial bribery is defined in the law as money, securities, other property, services of a property nature, other property rights (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of July 9, 2013 No. 24).

3. The objective side of giving the subject of commercial bribery is the illegal transfer of the subject of bribery for the commission of actions (inaction) in the interests of the giver in connection with the official position held by the person.

The action (inaction) for which the subject of bribery is transferred must: a) be performed in the interests of the giver or other persons and b) be related to the official position held by the person. Action (inaction) in the interests of the transferor should be interpreted broadly, including in this concept not only specifically determined both legal and illegal action (inaction), but also general patronage or connivance in the service. The action (inaction) must also be related to the range of rights and obligations that the bribed subject is endowed with, or to his ability to facilitate the commission of actions (inaction) due to his official position.

The moment of transfer of the subject of bribery: before or after the commission of an action (inaction) does not matter (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of July 9, 2013 No. 24).

4. The objective side of receiving the subject of commercial bribery is the illegal receipt of the subject of bribery for the commission of actions (inaction) in the interests of the giver in connection with the official position held by the person.

5. The transfer and receipt of property benefits for the formation of commercial bribery must be illegal, i.e. are not provided for by law or the employment contract or do not belong to a type of entertainment expenses (gifts).

6. The giving and receipt of the subject of commercial bribery are considered completed from the moment the recipient accepts at least part of the transferred values ​​(clauses 10 - 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of July 9, 2013 No. 24).

7. Qualified and especially qualified offenses of commercial bribery (as well as the punishment imposed on the person) are associated, among other things, with the assessment of the amount of commercial bribery, which requires in each case to accurately determine the amount of commercial bribery, including with the involvement of experts.

8. Note 2 to the article provides a special basis for exemption from criminal liability of a person who transferred the subject of commercial bribery if he actively contributed to the disclosure and (or) investigation of the crime and, alternatively, either extortion took place in relation to him, or if he voluntarily reported the bribery to the authority who has the right to initiate criminal proceedings.

How to prove commercial bribery

The burden of proof in criminal cases falls on law enforcement agencies. Investigators must establish:

• whether there was a transfer of property or rights to it, money, securities to a person performing management functions in a commercial or other organization, as well as the provision of property services to him;
• a cause-and-effect relationship between the actions or inaction of a special subject related to his work activities, in the interests of third parties and the receipt of material or intangible benefits from them;
• circle of persons involved in commercial bribery;
• the role and degree of participation in the action of all its subjects.

Speaking about proof, it is necessary to distinguish 2 types of situations. In the first, law enforcement officers receive information about a crime being prepared or in progress. In this case, it is necessary to act quickly and unexpectedly for the subjects.

Care must be taken to conceal information about upcoming investigative actions from third parties and ensure:

• if possible, arrest red-handed (if actions to transfer the subject of the crime have not yet been completed);
• interrogations of persons who have information of evidentiary value in the case (persons involved and witnesses);
• conducting searches at the workplaces of the defendants, in houses and other premises where material evidence may be located.

If a significant amount of time has passed since the commission of the crime, there is no need to talk about being caught red-handed. But in other respects, the algorithm for collecting evidence will be similar.

Types of bearing

Bearing 204 has a wide range of applications, which is why it is so common on sale. It is installed in engines, power take-offs, crankshafts, camshafts, rear bearings, gearboxes, pumps, generators, and fuel system mechanisms. The part is suitable for cars, trucks, agricultural vehicles, etc.

This model belongs to the category of radial ball bearings that perceive high radial loads and insignificant axial loads.

Types of bearing 204

It is noteworthy that one bearing can have so many varieties. Numerical and alphabetic addition of a number means a certain size, change in design, or other modifications. For example, a closed bearing 204 will be designated 60204, 80204 or 180204. In the first version, the part is closed with a steel washer on one side. In the second version, on both sides. And the latest modification is a completely closed structure with rubber seals.

Also in the designation 204 bearings there are additional letters that make it clear about the material of the cage and the features of the model. Let’s say increased load capacity is designated by the letter “A”. If there are noise level requirements, “Ш” is added to the code. If there were any design changes, usually insignificant, the letter “K” is indicated in the marking. A bearing with a polyamide cage is designated by the letter “E”. Separators made of brass – “L”, from bronze – “B”. If the design of the spare part contains stainless steel parts, the manufacturer indicates the letter “U” in the marking.

Bearings 6204

Bearing 6204 is an analogue of bearing 204, and is the most popular. The internal size of such a part is 20 mm, the outer diameter is 47 mm, and the width is 14 mm. This standard size is common in various mechanisms, which makes the bearing universal.

Before you buy a bearing 6204 , you should decide on the desired design of the part, which in turn can be open or closed. for a sealed 6204z bearing will be higher than for an open design part. But at the same time, such a model can last many times longer, since the closed housing prevents various particles, dust, and dirt from entering the mechanism, which negatively affect the functionality of the bearing and its performance.

Manufacturers and prices

In many ways, the cost of a bearing is determined by its quality of workmanship, the cost of the materials used for its production, as well as the country of manufacture. The high price category includes products from the Swedish manufacturer SKF, the German plant FAG, the Japanese ASAHI, Koyo, NTN, the American FAG, TIMKEN, the French SNR, and the like. But the quality of such spare parts is very decent, and the risk of purchasing a defective part is zero, unless of course we are talking about fakes. If you buy a 204 bearing from one of the above-mentioned manufacturers, it will last for many years and will work flawlessly throughout.

The middle price segment is set for bearings NB, NASHI, FYH, IBC, NKE, HFB, FKL. for bearing 204 will be lower than for parts from previous factories, but the quality is quite good. The reduction in cost occurs mainly through the use of less expensive materials. But in general, such bearings last a long time.

for a 6204 bearing can be extremely cheap, and this should definitely alert you. You can't find a quality product for pennies. At best, using cheap bearings will lead to rapid failure of the part. And in the worst case scenario, the entire mechanism will lose its functionality. However, there are manufacturers who control the quality of their products while maintaining reasonable prices. These plants include LSK, KDF, FBJ, ISB, NBS.

When purchasing a bearing, it is important to choose not only the brand, but also a reliable seller. It is recommended to cooperate with stores that work directly with the manufacturer, or its official dealers, trading houses. This will allow you to purchase high-quality original products, and not overpriced fakes.

Application of bearing 204

Bearing modifications 204

What criminal liability is provided for commercial bribery?

Commercial bribery, Article 204 of the Criminal Code, allows it to be classified as a crime of minor gravity (Parts 1, 2 and 5), as well as medium (Part 6), grave (Parts 3, 4, 7) and even especially grave (Part 8 ). This allows us to draw a conclusion about the variety of circumstances influencing the degree of responsibility of the subjects of the crime, expressed in qualifying criteria, in particular:

• significant, large or especially large size;
• committing a crime as part of an organized group or by prior conspiracy;
• commission of obviously illegal actions by a special entity in the interests of third parties.

The Criminal Code provides for the following types of criminal liability measures for commercial bribery:

• Fine. It is used as a main and additional type of punishment. Today, this is the most common type of liability for the crimes in question.
• Deprivation of the right to hold certain positions or engage in certain types of activities. This measure is used solely as an additional measure.
• Correctional labor for up to 2 years.
• Restriction of freedom for up to 2 years.
• Deprivation of liberty. It is used in cases where it is not possible to fully compensate for the harm caused by the crime and correct the convicted person without isolation from society. Depending on the presence of qualifying features, the term of imprisonment can be up to 12 years.

Punishment for commercial bribery - table

Commentary on Article 204 of the Criminal Code of the Russian Federation

1. The public danger of commercial bribery lies in the fact that this act encroaches on the fundamental principles of the functioning of a market economy and is associated with a violation of the rights and legitimate interests of participants in economic relations, causing them damage, undermining public confidence in the ability of the state to ensure the proclaimed constitutional principle of equality of citizens before the law , including in the field of interaction between non-state business entities.

2. The object of a criminal attack is public relations that ensure the normal functioning of the management apparatus of commercial organizations of any form of ownership, as well as non-profit organizations that are not state bodies, local governments, state or municipal institutions.

3. The article under comment combines under the concept of commercial bribery two independent, closely related crimes: bribery - giving illegal remuneration (parts 1 and 2 of Article 204) and bribery - receiving illegal remuneration (parts 3 and 4 of Article 204).

4. The objects of a criminal attack can be money, securities, other property, as well as services of a property nature (see clauses 2.1 - 2.6 of the commentary to Article 290).

4.1. It should be noted that the concept of illegal remuneration in commercial bribery does not cover all benefits of a property nature (for example, waiver of the requirement to pay a debt, etc.). Services of an intangible nature cannot be recognized as the subject of this crime (for example, the friendly disposition of a boss, a flattering characteristic or review in the press, etc.).

5. From the objective side, commercial bribery according to parts 1 and 2 of the commentary. Article consists of the illegal transfer to a person performing managerial functions in a commercial or other organization of money, securities, other property, as well as the 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 held by this person .

5.1. The transfer of money, securities, other property or the provision of services of a property nature should be understood as any active actions of the perpetrator aimed at delivering (regardless of the form and method of transfer) to the recipient of the specified property values, as well as any gratuitous satisfaction of the needs of a person that can be assessed legally. not bringing profit, benefits or other advantages to the commercial or other organization in which the bribed person performs his duties.

5.2. A necessary characteristic of the objective side of the crime in question is the illegality of committing these actions, i.e. their contradiction to current regulations, constituent documents of a commercial or other organization or the terms of an employment agreement (contract).

5.3. Unlike the crime provided for in Art. 290, according to which liability is possible both for a bribe-bribery and a bribe-reward, the construction of Art. 204 of the Criminal Code of the Russian Federation and its terminology excludes criminal prosecution for giving or receiving an unspecified payment. In accordance with this rule, involvement in the management occurs only for the transfer and receipt of pre-agreed remuneration.

6. The objective side of commercial bribery according to parts 3 and 4 of the commentary. Article is expressed in the illegal receipt by the manager of money, securities, other property, as well as in 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.

6.1. Receipt is the acceptance of money, securities, other property or services of a property nature, regardless of the method of such acceptance.

6.2. A mandatory feature is the relationship between the illegal remuneration received by a person performing managerial functions in a commercial or other organization or a property service provided and the readiness of this person to commit (action) or fail to commit (inaction) an act using his official powers in the interests of the giver.

7. According to the legislative structure, the provisions providing for liability for the illegal transfer of remuneration and its illegal receipt are formal. The crime is completed (by the elements) at the moment of transfer to the person performing managerial functions in a commercial or other organization, at least part of the predetermined payment (clause 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6). The time of transfer (before or after the commission of an action (inaction) in the interests of the giver) does not affect the qualification of the act (clause 9 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of February 10, 2000 N 6).

8. In accordance with paragraph 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6, 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 attempt to a crime under Part 1 or 2 of Art. 204.

8.1. An attempt to receive or give illegal remuneration in commercial bribery should also be qualified in cases where the conditional transfer of values ​​did not take place due to circumstances beyond the control of the persons who tried to transfer or receive the subject of bribery.

8.2. 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.

9. Based on clause 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6, 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 the lack of official authority or the inability to use one’s official position, should be qualified, if there is intent to acquire the specified values, as fraud under Art. 159. 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.

9.1. 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 to commit commercial bribery. In this case, 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 (see paragraph 21 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6).

10. The subjective side of commercial bribery (in all its manifestations) is characterized by direct intent.

10.1. When committing a crime under Parts 1 and 2 of the comment. Article, the offender realizes that he is illegally transferring money, securities or other property to a person performing managerial functions in a commercial or other organization, or illegally providing him with a property-related service, and wishes to commit these actions. In this case, the subject pursues the goal of inducing a person performing managerial functions to take any actions (inaction) in his interests in connection with his official position in a commercial or other organization.

10.2. The subjective side of the elements of the crime provided for in parts 3 and 4 of the commentary. article, is expressed in the fact that the offender realizes that he is illegally receiving money, securities or other property or illegally receiving a service of a property nature for the commission or failure to perform any actions in the interests of the giver using his official position, and wants to receive property or a service of a property nature .

10.3. The characteristic features of this crime are selfish goals and motives for its commission.

11. The subject of the transfer of property remuneration (parts 1 and 2 of the commentary article) is common. They can be any physically sane person who has reached the age of 16.

11.1. The subject of receiving illegal property compensation (parts 3 and 4 of the commentary article) is special. It can only be a person performing managerial functions in a commercial or other organization and possessing the characteristics provided for in the note. 1 to st. 201.

12. Bribery - giving illegal remuneration and bribery - receiving illegal remuneration have a number of identical qualifying features, which include their commission: a) by a group of persons by prior conspiracy; b) an organized group.

13. The crime provided for in Part 2 of the comment. article, is considered to be committed by a group of persons by prior conspiracy, when two or more persons previously, i.e. before the illegal transfer of the subject of bribery or the provision of property services, agreed to perform these actions. In this case, all participants will be co-performers, since they fully or partially carry out actions for the illegal transfer of values ​​or the provision of services.

13.1. This qualifying feature according to paragraph “a”, part 4 comments. Article will be available if two or more persons performing managerial functions in a commercial or other organization took part in the commission of a crime, having agreed in advance to jointly commit this crime using their official position. In this case, it does not matter what amount was received by each of them (see paragraph 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6).

14. An organized group may include persons both performing and not performing managerial functions in a commercial or other organization, who have previously united to commit one or more crimes. If there are grounds for this, they bear the legal responsibility in accordance with Part 4 of Art. 34 as organizers, instigators or accomplices of the crime provided for in Part 2 or paragraph “a”, Part 4 of the comment. articles. In such cases, the crime is considered completed from the moment the illegal reward is accepted by at least one of the persons performing managerial functions in a commercial or other organization (clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6).

15. Extortion as a method of illegally receiving a commercial bribe (clause “c” of part 4 of the commentary article) means as a demand for illegal remuneration under the threat of infringement of the rights and legitimate interests of the person to whom the demand is made (as well as persons close to him, organizations, interests which he represents), and deliberately placing this person in a position in which he is forced to pay illegal remuneration in order to avoid harm to his rights or legitimate interests or the rights and legitimate interests of the organization he represents (see paragraph 15 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 10.02.2000 N 6).

16. The commented article is provided with a note that formulates the grounds for exemption from the RA of a person who has committed an illegal transfer of remuneration to a managerial employee of a commercial or other organization. This person is released from the criminal case if extortion took place against him or if this person voluntarily reported the fact of bribery to the body that has the right to initiate a criminal case.

16.1. When deciding the issue of exempting 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, you should know that the message (written or oral) must be recognized voluntary, regardless of the motives that guided the applicant. A message made due to the fact that the fact of commercial bribery became known to the authorities cannot be recognized as voluntary (clause 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of February 10, 2000 N 6).

16.2. A report of commercial bribery must be made to the authority that has the right to initiate criminal proceedings. In accordance with Art. 146 of the Code of Criminal Procedure of the Russian Federation, these are the bodies of the prosecutor's office, investigation, court, and inquiry.

16.3. In accordance with paragraph 24 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 N 6, the release of a person who has committed commercial bribery from the Criminal Code based on voluntary reporting of a crime does not mean the absence of corpus delicti in the actions of this person. 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.

16.4. Seized money and other valuables that are the subject of commercial bribery and recognized as material evidence are subject to conversion to state revenue as criminally acquired. At the same time, money and other valuables cannot be converted into state income in cases where demands have been made against a person for the illegal transfer of money, securities, or other property in the form of commercial bribery, if before the transfer of these valuables the person voluntarily declared this to the authority , who has the right to initiate a criminal investigation, and the transfer of money, securities, and other property took place under their control with the aim of arresting red-handed the person who made such demands. In these cases, money and other valuables that were the subject of a bribe or commercial bribery must be returned to their owner.

When deciding on the possibility of returning money and other valuables to the person in respect of whom the extortion took place, the court must keep in mind that if, in order to prevent harmful consequences, the person was forced to transfer money and other valuables to the extortionist, then they must be returned to their owner (see paragraphs 23, 24 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2000 No. 6).

17. Commercial bribery according to part 1 comment. Article is a crime of minor gravity, and according to parts 2 - 4 it belongs to the group of crimes of medium gravity.

Exemption from criminal liability for commercial bribery

Is it possible to legally avoid liability for commercial bribery? Can. The Criminal Code contains several tools for this.

General grounds for exemption from liability

For some types of commercial bribery, it is possible to be exempt from criminal liability on the so-called general grounds:

• in connection with active repentance (Article 75 of the Criminal Code of the Russian Federation);
• in connection with the imposition of a court fine (Article 76.2 of the Criminal Code of the Russian Federation).

Learn more about what a court fine is, to whom it is assigned and what consequences it entails:

Judicial fine in criminal law - features and practice Read more

To be exempt from liability on these grounds, a number of conditions must be simultaneously met:

• committing a crime for the first time;
• committing a crime of minor or moderate gravity (in relation to commercial bribery, this is the entire article 204.2, as well as parts 1, 2, 5 and 6 of article 204 of the Criminal Code of the Russian Federation);
• making amends for the harm caused.

Important: a person who has committed a crime for the first time is a person who does not have a valid, that is, unexpunged or unexpunged criminal record.

Details about the removal and expungement of a criminal record:

When and how a criminal record is expunged and expunged. Conditions of repayment and withdrawal under Art. 86 of the Criminal Code of the Russian Federation Read more