1. Violation of sanitary and epidemiological rules, which through negligence resulted in mass disease or poisoning of people or created the threat of such consequences, -
shall be punishable by a fine in the amount of five hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one year to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years, or by restriction freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.
2. Violation of sanitary and epidemiological rules, resulting in the death of a person through negligence, -
shall be punishable by a fine in the amount of one million rubles to two million rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by restriction of freedom for a term of two to four years, or by forced labor for a term of three to five years. years, or imprisonment for the same period.
3. Violation of sanitary and epidemiological rules, resulting in the death of two or more persons through negligence, -
shall be punished by forced labor for a term of four to five years or imprisonment for a term of five to seven years.
- Article 235.1. Illegal production of medicines and medical devices
- Article 237. Concealment of information about circumstances that pose a danger to the life or health of people
Commentary to Art. 236 of the Criminal Code of the Russian Federation
The object of the crime is public relations to protect the sanitary and epidemiological well-being of the population. According to the Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological well-being of the population”, this is understood as a state of health of the population, the human environment, in which there is no harmful impact of environmental factors on a person and favorable conditions for his life are provided.
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NW RF. 1999. N 14. Art. 1650.
The objective side of the crime is a violation of sanitary and epidemiological rules, which resulted in mass disease or poisoning of people.
State sanitary and epidemiological rules and regulations are regulatory legal acts that establish sanitary and epidemiological requirements (including criteria for the safety and (or) harmlessness of environmental factors for humans, hygienic and other standards), non-compliance with which creates a threat to human life or health, as well as the threat of the emergence and spread of diseases.
Action can be expressed both in actions and inaction. For example, allowing an employee with an infectious disease to work at a catering enterprise, manufacturing food products in violation of sanitary standards, etc.
A mass disease of people is a disease of a significant number of the population in a certain territory when the average incidence rate of a given disease is several times higher. The mass scale criteria are determined by epidemiologists. Mostly mass diseases of people are: acute intestinal diseases, diphtheria, measles, pediculosis, scabies, tularemia, salmonellosis, anthrax, cholera, tuberculosis, brucellosis.
Diseases can be infectious or non-infectious. Human infectious diseases are diseases, the occurrence and spread of which is caused by the impact on humans of biological environmental factors (causative agents of infectious diseases) and the possibility of transmission of the disease from a sick person or animal to a healthy person.
Infectious diseases that are dangerous to others are human infectious diseases characterized by severe course, high mortality and disability rates, and rapid spread among the population (epidemic).
Mass non-infectious diseases (poisonings) are human diseases, the occurrence of which is caused by the influence of physical and (or) chemical and (or) social environmental factors.
Poisoning is the introduction of a foreign substance into the body in a toxic dose. It can be caused by consuming a substance of animal, plant or synthetic origin. According to the meaning of the article, the poisoning must be massive. Diseases can be bacterial, viral, intestinal, etc., food poisoning caused by drinking poor-quality water or using items containing carcinogenic substances.
The crime is considered completed after mass disease or poisoning of people occurs. The corpus delicti is material.
A more dangerous type of this crime is a violation of the relevant rules, resulting in the death of a person (Part 2 of Article 236 of the Criminal Code of the Russian Federation). Thus, a qualified type of crime is available provided that at least one person affected by the disease or poisoned died.
The subjective side of the crime is characterized by careless guilt in the form of frivolity or negligence.
A special subject of a crime is a person obliged to comply with the rules established to combat the spread of mass diseases or poisoning of people (workers of public catering establishments, sanitary and epidemiological stations, medical institutions, etc.).
What are sanitary and epidemiological rules and what laws are they established by?
Sanitary and epidemiological rules, according to the law “On the sanitary and epidemiological welfare of the population,” are normative legal acts establishing sanitary and epidemiological requirements (including criteria for the safety or harmlessness of environmental factors for humans, hygienic and other standards), non-compliance with which creates threat to human life or health and the threat of the occurrence and spread of diseases.
The legislation of the Russian Federation pays significant attention to environmental safety, which is confirmed by a number of regulatory legal acts:
- The legal basis for Russia's environmental policy is presented in the “Constitution”, in Article 42. According to the article, every citizen has the right to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property by an environmental violation.
- Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population.” This law establishes sanitary rules to prevent the spread and eradication of infectious diseases and poisonings.
- Sanitary standards and GOSTs adopted in various areas of legislation: catering and catering, healthcare, education, construction, etc.
External control over compliance with sanitary standards is entrusted to the State Sanitary and Epidemiological Service of Russia, and internal control is entrusted to legal entities and officials.
Judicial practice under Article 236 of the Criminal Code of the Russian Federation
Determination of the Constitutional Court of the Russian Federation dated 07/08/2021 N 1373-O
The criminal law establishes a system of special norms aimed at ensuring safety in certain areas of life, characterized by increased requirements for the behavior of subjects (in particular, articles 143, 215, 216, 217, 218, 219, 236, 247, 263, 264, 268, 350 of the Criminal Code of the Russian Federation). In such relations, their participants act as special subjects called upon to comply with a set of rules that ensure both individual safety and the general security of life and health of a wide (indefinite) circle of people. Failure to comply (violate) the requirements of special norms in itself creates a danger of causing harm to the life and health of people and other objects of criminal legal protection.
Determination of the Constitutional Court of the Russian Federation dated December 14, 2021 N 2649-O
3. The criminal law has a system of special norms aimed at ensuring safety in certain areas of life, characterized by increased requirements for the behavior of subjects (in particular, articles 143, 215, 216, 217, 218, 219, 236, 247, 263, 264, 268 and 350 of the Criminal Code of the Russian Federation). In such relations, their participants act as special subjects called upon to comply with a set of rules that ensure both individual safety and the general security of life and health of a wide range of people. Violation of the requirements of special norms in itself creates a danger of harm to life and health, and other objects of criminal legal protection (Determination of the Constitutional Court of the Russian Federation of July 8, 2022 N 1373-O). At the same time, liability for careless causing of death is provided both in the general rule, which is Article 109 of the Criminal Code of the Russian Federation, and in special rules on liability for violation of rules aimed at reducing the risks of a particular type of activity, including rules ensuring labor protection for workers, industrial safety of hazardous production facilities or safety of construction and other potentially hazardous work (Articles 143, 216 and 217 of the Criminal Code of the Russian Federation).
Resolution of the Supreme Court of the Russian Federation dated December 27, 2021 N 5-AD21-111-K2
By virtue of Part 1 of Article 236 of the Criminal Code of the Russian Federation, violation of sanitary and epidemiological rules, which through negligence resulted in mass disease or poisoning of people or created the threat of such consequences, is punishable by a fine in the amount of five hundred thousand to seven hundred thousand rubles or in the amount of wages or other income convicted for a period of one year to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years, or by restriction of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by imprisonment for the same period.
“Review of selected issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection (COVID-19) No. 2 on the territory of the Russian Federation”
Question 14: In relation to Part 1 of Article 236 of the Criminal Code of the Russian Federation, what should be understood by “mass illness or poisoning of people” or “creating a threat of such consequences”? Answer: Taking into account the fact that this sign of a crime is evaluative, when deciding whether to classify a disease or poisoning as mass, one should take into account not only the number of sick or poisoned people, but also the severity of the disease (poisoning). To determine the extent of the disease or poisoning, the court has the right to involve relevant specialists, for example, representatives of federal executive authorities authorized to carry out state sanitary and epidemiological supervision or supervision in the field of protecting consumer rights and human well-being.
“Review of selected issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection (COVID-19) No. 3 on the territory of the Russian Federation”
Question 15: Can citizens infected with COVID-19 or who have had contact with such persons be held criminally liable under Article 236 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) for violating sanitary and epidemiological rules? Answer: Law No. 52-FZ imposes obligations on citizens to comply with the requirements of sanitary legislation, as well as decrees and instructions of officials exercising federal state sanitary and epidemiological supervision (Article 10). Such mandatory acts include, in particular, decisions of chief state sanitary doctors and their deputies on hospitalization for examination or on isolation of patients with infectious diseases that pose a danger to others, and persons suspected of such diseases, on hospitalization or on isolation of citizens who were in contact with patients with infectious diseases that pose a danger to others.
Applicable penalties
The punishment depends on the severity of the crime. Criminal liability for a crime of minor gravity may include one of the following penalties:
- a fine of up to 80 thousand rubles or in the amount of wages for a period of up to six months;
- deprivation of the right to hold relevant positions or engage in certain activities for a period of up to three years;
- compulsory work for up to 360 hours;
- correctional labor for up to one year;
- restriction of freedom for up to one year.
Responsibility for a crime of medium gravity includes:
- compulsory work for up to 480 hours;
- forced labor for up to five years;
- imprisonment for up to five years.
Note : Punishment for violation of sanitary norms, rules and hygienic standards is also provided for in the Code of Administrative Offenses of the Russian Federation (CAO RF). According to Article 6.3. Violation of sanitary rules by the Code of Administrative Offenses of the Russian Federation is punishable by a warning or an administrative fine. The deadline for voluntary payment of a fine for violation of sanitary norms and rules is established by Art. 32.2. Code of Administrative Offenses of the Russian Federation: the administrative fine must be paid no later than 60 days.
Arbitrage practice
As an example from judicial practice under Art. 236 of the Criminal Code of the Russian Federation, we will consider the situation with poisoning in a public catering establishment.
In October 2013, a trial took place in the city of Tyumen against the owner of a cafe. Fifteen visitors a day after dining at this establishment were hospitalized with food poisoning. It subsequently turned out that the cause of the poisoning was poor quality fish served in the cafe. After a collective application to Rospotrebnadzor, the inspectorate inspected the cafe and discovered a number of violations of sanitary requirements.
The conclusion of Rospotrebnadzor became the basis for an administrative and criminal case. As a result, the victims managed to recover 30 thousand rubles in moral damages and an administrative fine from the entrepreneur. Further, in accordance with the procedure established by Article 124 of the Code of Criminal Procedure of the Russian Federation, a criminal case was initiated against the entrepreneur under Art. 236 of the Criminal Code of the Russian Federation.
Bill
On March 25, 2022, bill No. 929651-7 was introduced into the State Duma of the Russian Federation, suggesting tougher penalties for violating sanitary rules and epidemiological standards. However, this is not the only innovation in the document.
Amendments to the Criminal Code provided for by the bill:
- Part 1 Art. 236 of the Criminal Code of the Russian Federation, with the latest amendments and additions in 2020-2021, will provide for punishment not only for violations that resulted in illness or poisoning of people, but also for creating a threat of illness or poisoning of the population;
- the article was supplemented with part 3, a new crime - violation of the rules resulting in the death of several persons;
- fines are increasing sharply, for the first part they will immediately increase to half a million and 700,000 rubles, for the second - up to two million rubles (with the minimum limit being one million). For part three, imprisonment for a term of 5 to 7 years is possible. Imprisonment can be applied on the basis of the amendments and upon conviction of the perpetrator under part one, up to 2 years;
- It is proposed to introduce new articles into the Criminal Code of the Russian Federation: 207.1 and 207.2, which provide for punishment for the public dissemination of information about circumstances that pose a threat to the life and health of the population. Article 207.2 prescribes punishment for such actions that lead to grave consequences. Under this article, punishment in the form of imprisonment is also possible.
New articles 207.1 and 207.2 were included in the text of the bill for the second reading; they were not contained in the original text of the document.
Article 236 of the Criminal Code of the Russian Federation will definitely be changed in 2022 and the full scope of the amendments is already known.
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