Lawyer under Article 200.2 of the Criminal Code of the Russian Federation, smuggling of alcoholic beverages and tobacco products

Statistics indicate that criminal cases related to smuggling, that is, the illegal movement of goods and valuables across the border, are not uncommon. Shadow business is closely connected with the import of imported products and the export of exported products, and since every businessman wants to make more profit due to an increased batch of goods and not pay duties to the state treasury, it becomes clear that mainly , entrepreneurs. These include individuals, legal entities, as well as ordinary citizens engaged in the so-called shuttle business.

Tax crimes are committed intentionally, although there are often cases when the violator or criminal simply misunderstands the rules of tax legislation. They are written, like other legal documents, in a rather specific language that requires certain knowledge for interpretation. One way or another, ignorance of the laws does not excuse one from responsibility, and this fact should become an ascribed truth for those who cross the state border.

We should not be dismissive of border violations. History shows that in Soviet times the law was especially harsh on smugglers. But even today, some articles of the criminal code, in particular, article 200.2 of the Criminal Code of the Russian Federation, are associated with punishment in the form of imprisonment.

When a citizen commits a crime consciously, he understands the full extent of responsibility in the event of a crime being discovered. But what is the surprise of those who, for their seemingly legal actions, are accused of committing a criminal offense? It is unacceptable for an innocent person to bear criminal responsibility. Unfortunately, the law is not perfect. To be more precise, criminal procedural rules are imperfect, therefore, when receiving charges, you need the help of a qualified lawyer.

Crimes related to violation of customs legislation are assessed negatively by the state. In addition to the fact that our judicial system is a priori accusatory in nature, smuggling directly threatens the country’s foreign economic security and destroys the domestic market.

Many years of work experience allows me to act as a lawyer under Article 200.2 of the Criminal Code of the Russian Federation in St. Petersburg. I provide consultations and provide practical legal assistance in criminal cases of smuggling of alcohol and tobacco products.

Smuggling of alcoholic beverages and tobacco products

Article 200.2 of the Criminal Code of the Russian Federation “Smuggling of alcohol and (or) tobacco products” was introduced at the end of 2014. It determines liability for the illegal movement of alcohol, tobacco and tobacco products across the border. In the first time after the publication of this article, the proportion of offenses and crimes increased. But the modern market for legal services in Russia does not stand still, so soon enough the knowledge gap in the field of customs control among average citizens was more or less filled.

But if before crossing the border one consultation with a lawyer is enough, then when receiving charges of a criminal offense, one such consultation will not correct the situation. This requires the full assistance of a competent lawyer. The word “comprehensive” is mentioned for a reason. The lawyer will protect the interests of the accused at different stages of the case, from investigative measures to trial.

Judicial practice in such cases has already formed in sufficient volume, so you should seek help from a lawyer who has experience in handling smuggling cases. Until 2014, violations of customs legislation were within the purview of administrative law, so actual practice began relatively recently. Specialists who once worked in customs authorities, investigative authorities or the prosecutor's office come to the fore.

Despite the fact that criminal liability is fully regulated by the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation, crimes related to the illegal transportation of goods across the border are considered specifically, long and “painfully”. Often the matter takes on an international character. A lawyer who specializes in the nuances of customs law must constantly be aware of the latest changes in legislation. There are much fewer such specialists than generalist criminal lawyers. This explains their high employment and, as a consequence, the increased cost of legal services.

The subjects of the crime are citizens who have reached the age of 16. The objective side of the crime is the transportation across the border of alcoholic beverages or tobacco products in an amount exceeding 250,000 rubles. However, it should be understood that, under the terms of international agreements, it is allowed to transport a certain amount of alcohol and cigarettes per person. The lawyer's defense strategy is based on proving the absence of direct intent. But judicial practice shows that the court is most often inclined to objective circumstances rather than to the content of the words of the accused.

Definition of smuggling as a criminal offense

The term “smuggling” came to Russia from the Italian language, and is a combination of two words: contra and bando, which can be translated as contrary to government decree. In a broad interpretation, smuggling is the unauthorized movement of goods across the state border, bypassing customs control.
If we talk about the most common methods of importing contraband products, we can highlight the following:

• moving the object of a crime in hiding places, hiding among consignments of legally imported goods;
• false declaration of products or lack of declaration;
• falsification of customs documentation.

In general, almost any real estate can act as smuggled goods: food products, precious metals, narcotic substances and medicines, weapons, cash, antiques. A separate line includes items of intellectual property, for example, manuscripts or inventions.

Is it possible to do without the help of a lawyer?

The Internet gives the modern user almost limitless possibilities. Various types of legal literature are directly accessible, and you can find both official sources and articles published by practicing lawyers. Against the backdrop of such information saturation, many people think that they can refuse the services of a lawyer, while saving a considerable amount. Note that the monetary factor is the only one, and for other reasons no one would refuse a lawyer. This gives a significant plus to the fact that you still need the help of a lawyer.

Still, let us examine the logic of people who are inclined to refuse legal services. The first problem they will have to face is the inability to select the necessary information, that is, an ordinary citizen is unlikely to know which laws, acts, decrees and resolutions he must study in order to carry out a kind of “educational education.” He, of course, can receive appropriate advice online, and it will probably even be free for him, but it is necessary to understand that not a single professional lawyer can provide effective assistance remotely without familiarizing himself with the circumstances of the case. And even if he names those regulatory and legislative documents that the accused must study, it is possible that for independent defense he will need knowledge of related areas of law.

For example, a lawyer under Article 200.2 of the Criminal Code of the Russian Federation must be well versed in the nuances of criminal law, customs law, administrative law, be a financier and know the features of criminal procedural law, and must also have experience communicating with representatives of the customs service, investigative authorities and have experience participating in litigation meetings.

The next problem is related to the correct interpretation of regulatory documents. Each of them contains a lot of unclear terms and links to other documents. Articles of the Criminal Code contain notes and comments that discuss the interpretation of concepts. Such an incorrect interpretation will lead to an incorrect legal assessment of the current situation, which will negatively affect the consequences of conducting a criminal case.

A lot of work needs to be done to ensure protection. In addition to direct participation in investigative activities, the accused will have to collect documentary evidence. This takes a lot of time and it is unlikely that the employer will cooperate in this regard. In addition, the status of a lawyer allows him to make official inquiries, send petitions and complaints. A person who has never encountered criminal proceedings will not be able to correctly draw up the above documents.

Finally, the very presence of a lawyer has a certain sobering effect on the investigators. If the accused defends himself on his own, then it is possible that a case will be fabricated against him at an accelerated pace, where most of the evidence of guilt is simply “far-fetched.” Unfortunately, the judge will not understand the legality of the obtained incriminating evidence and, based on the materials presented, will issue a harsh sentence.

Features of legal defense

The main features of a lawyer’s defense strategy directly follow from the difficulties listed above. You can list the stages of a defense lawyer’s work during the pre-trial investigation and directly at the court hearing.

1. A lawyer working on the basis of a signed agreement examines the specific situation and gives the necessary advice. There may be several of them, since the tactics of the accused’s behavior change depending on newly discovered circumstances.
2. For effective defense, it is necessary to give a legal assessment of the actions of the accused and the actions of customs officials. It may well turn out that the accusation was not entirely legal, that is, the actions of the accused are classified far from the article under which he is accused.
3. The lawyer assesses the seriousness of the current situation not only by the wording of the charge. He requests materials that the investigation has. Based on what has been learned, the legal assistant predicts the development of events, sets specific goals and begins to develop a defense strategy.
4. Client protection is built in one of several directions. The lawyer's efforts are aimed at:

• Termination of criminal prosecution due to the absence of a crime in the actions of the defendant;
• Suppression of illegal actions on the part of law enforcement officials;
• An acquittal of his client based on the evidence of innocence presented;
• Reduction of a sentence in the presence of mitigating circumstances or imposition of a non-custodial sentence.

1. It is not always the case that a criminal case ends in the court of first instance. If the defendant does not agree with the decision, he can file an appeal, which is drawn up by a lawyer, and then participates in the appellate court.

Criminal liability for cigarette smuggling

smuggling is specified in Article 200 of the Criminal Code of the Russian Federation, which regulates the elements of the crime, its qualifications, considerations, and the application of criminal punishment in each individual case. State legislation addresses cases of large-scale transportation. This quantity considers the total cost of transported products, which exceeds 250 thousand rubles. In this case, the following penalties may be applied:

1. A monetary fine, which can vary from 300 thousand rubles to 1 million rubles;
2. Complete seizure of the criminal’s income received during the last one to three years;
3. Forced physical labor for a period of up to five years;
4. Imprisonment for up to five years.

If property confiscation measures are applied to criminals, not only objects of illegal transportation are subject to confiscation, but also all materials, equipment and devices intended for the production of tobacco and alcohol products.

Also, cigarette smuggling, regardless of the country of delivery or export - Israel and Cyprus , can be carried out not only by one criminal, but also by special categories of citizens: a group of persons who are in a preliminary criminal conspiracy, as well as an official who plans to take advantage of his judicial position in for criminal purposes. For a crime committed by a group of persons or an official, offenders face severe criminal penalties:

1. Imprisonment for a term of three to seven years;
2. Imprisonment with an additional fine, which must correspond to the income of the offender for a period of three years;
3. Imprisonment with an additional fine of up to 1 million rubles.

Tobacco smuggling, which is committed by an organized group, is considered a crime with special classification. In this situation, the term of imprisonment for the attacker can range from seven to twelve years. In this case, an additional fine of 2 million rubles may be applied.

Author of the article

Dmitry Leonov

Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

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Defense under Article 200.2 of the Criminal Code of the Russian Federation in St. Petersburg

Finding a good lawyer, despite the abundance of offers, is quite difficult. To make the task easier for readers, many sites publish a list of the most successful lawyers. Lawyer under Article 200.2 of the Criminal Code of the Russian Federation in St. Petersburg Aleksandrov K.S. included in this list. His track record allows him to conduct criminal cases related to financial, tax crimes, as well as crimes in the field of customs legislation.

He provides the listed list of services, and will also provide protection for the accused under a comprehensive program. This program includes only necessary services, and its plan is discussed with the principal in advance. Gone are the days when lawyers pushed for additional services to increase their fees. Today this is simply not necessary, since every professional cares about his image. His contact information is available on the lawyer’s website. For the convenience of clients, feedback is provided. Anyone can get a free consultation or request a call back.

Qualified crimes, liability

All parts of the articles, as previously in Article 188 of the Criminal Code of the Russian Federation, require the commission of smuggling activities in one of the alternative ways:

• in case of concealment, special hiding places, places inaccessible for free viewing, and camouflage of objects are used;
• when using forged, invalid documents, such documents are provided to the person exercising customs control in order to conceal the fact of transportation of certain goods;
• non-declaration or partial declaration implies failure to fully include all necessary information in the declaration in the prescribed form.

Cash smuggling entails the following alternative penalties: fine, restriction of freedom or forced labor.

Qualified offenses in the case of money are the commission of a crime qualified under Part 2, i.e. on an especially large scale or by a group of persons (punishable in the same way, but in larger amounts and terms).

Illegal movement of alcohol and tobacco (Article 200.2 of the Criminal Code) also entails punishment in the form of a fine, forced labor or imprisonment (up to 5 years). Important! For the illegal circulation of alcoholic beverages, the legislator has determined the amount of fines - from 2 to 3 million rubles, as well as forced labor or imprisonment for up to 3 years. https://lexconsult.online/7513-shtrafy-za-nezakonnuyu-realizatsiyu-alkogolnoi-produktsii

According to Part 2 of Article 200 of the Criminal Code, the acts of a group of persons by prior agreement and an official are qualified. Punishable by imprisonment with or without a fine.

Part 3 assumes the responsibility of an organized group (imprisonment with or without a fine, with or without restriction of freedom).

Under Article 226.1 (illegal movement of poisons, potent substances, ammunition, weapons and other items and substances specified in the disposition of the article), Part 1 establishes liability in the form of imprisonment with or without a fine, with or without restriction of freedom.

For similar actions, but committed by an official or with the use of violence against a customs officer or border guard (Part 2 of Article 226.1), liability is increased by longer terms and fines. According to Part 3 of Article 226.1 of the Criminal Code, responsibility lies with the members of the organized group.