Features of qualification: bribe or fraud

What is a bribe?

Before looking for ways to prove the giving of a bribe to an official, it is necessary to understand what a bribe actually is, because not every monetary reward or infusion can be regarded as a bribe. In order for a bribe to be criminally punishable, three characteristics must be taken into account - who receives it, for what and in what form. These facts are decisive in defining this concept.

Only a certain circle of people can be accused of taking a bribe. Evidence of receiving a bribe can only be brought forward to people holding any position and who are able to influence the resolution of a specific issue in someone’s favor using their position.

In order for a bribe-taker to be held accountable, three criteria must be proven:

• a position held by a corrupt official. That is, a specific person has the right, on his own behalf and by virtue of his position, to carry out specific manipulations with documents, land or other objects;
• material value of the “gift”. The bribe can be money or other material assets. Bribery in the form of a bouquet of flowers or chocolate does not entail criminal liability;
• the fact of providing a service using one’s powers in exchange for remuneration. There must be a fact of transaction or service.

Giving a bribe is also a criminal offense; this should be taken into account when trying to bribe an official. In addition, mediation in giving a bribe can be punished. The law punishes officials for actions or inactions that are paid for by the “customer,” as well as for influencing other people through their position and forcing them to perform illegal actions. A bribe is considered patronage in official matters, as well as connivance in official matters.

All of the above especially applies to civil servants - police officers, judges, bankers and other employees who have the right to sign important documents and influence the turnover of specific movable and immovable objects.

It is important to note that teachers and doctors are not VIPs who can be bribed. The criminal law does not prohibit giving certain types of gifts to teachers and doctors for gratitude for their work

The consent of the teacher to give a high mark on the exam, as well as the bribery of the head physician and his deputy for a certain action that is contrary to the order and established rules will be regarded as commercial bribery.

The Criminal Code of the Russian Federation does not indicate exactly what size a bribe must be in order for a person to be punished for it. In addition, bribery can be based not only on obtaining funds. Bribes can be given in the following ways:

• real estate transferred into the possession of an official;
• prohibited items (drugs, for example);
• expensive services that the bribe giver provides free of charge;
• securities and other important securities.

An advantage given to an official, for example, purchasing goods at a discount, will not be considered a bribe. The official will be able to purchase the offered item with his own money; accordingly, the “gift” is not material, which means there is no responsibility for it.

Corruption has three levels of bribe; the punishment for the offender will depend on the size of the reward received. According to Art. Article 290 of the Criminal Code of the Russian Federation exists:

• bribes of a significant size - over 25 thousand rubles;
• large bribes – over 150 thousand rubles;
• bribery on an especially large scale - over one million rubles.

This distinction between bribes was invented to make it easier to assess the actions of the criminal. The less money he asked for his services, the better for him, because the size and nature of the “gift” significantly influence the punishment and its term.

It is also very important to understand the fact that confirmation of a bribe is the voluntary consent of the official and his malicious intent, the desire for profit. If someone tries to accuse an official of bribery and, without his knowledge, transfers a round sum to his account, then the bribe will not be considered a confirmed crime.

The law prohibits faking the transfer of a bribe to an official suspected of such a crime. These staged actions push the official to commit a crime that he might not have committed if the circumstances had not developed in this way.

Vadim Belousov

(RUB 3 billion)

This State Duma deputy was detained in March 2019 on suspicion of extorting a bribe of 3 billion rubles from construction companies that built roads in the Urals. When they tried to accuse road workers of embezzlement of budget funds, they justified themselves by saying that all the money was spent on bribes to deputy Belousov and the governor of the Chelyabinsk region, Mikhail Yurevich. Belousov’s mother-in-law also appeared in the case. And in Moscow, the deputy’s wife Irina received the money - according to investigators, they brought her 10 million rubles a month into a safe deposit box. Like a salary.

However, Yurevich managed to hide in London. Investigators suspect that the criminal group led by the ex-governor managed to hide about $200 million in banks in Cyprus, Greece, Switzerland and Germany. Belousov does not admit guilt.

Alexander Khoroshavin.

Photo: Anatoly ZHDANOV

Intended punishment

How the crime will be punished depends on the severity. In the comments to legislative acts one can find that severity is assessed not only by the consequences that occur. The assessment is also influenced by the amount of money that will be transferred to the official.

The first part of the norm under consideration provides for punishment for a simple crime. The perpetrator may face:

• three-year imprisonment (the maximum period is indicated);
• a fine of one million is applied;
• for three years a person will not be able to engage in a certain type of activity or position;
• two-year work aimed at correcting the culprit;
• five years of work that has compulsory value.

Penalties are also not prescribed in a clearly defined amount, it can be the amount of the criminal’s income from one year to two salaries, in addition, the judge has the right to increase the amount of the bribe by 10 or 15 times and fine the culprit in that amount.

In a significant amount, the act is punished as follows:

• is fined, with the maximum amount being one and a half million (the legislator also sets a minimum of 200 thousand rubles);
• the official will not be able to take part in a certain type of activity or be an official for six years;
• deprived of liberty for a period of six years.

A fine can be imposed depending on how much income a person receives in two years, or the amount of the bribe increases from 30 to 60 times. Whether deprivation of this right is applied or not is decided by the judge depending on the circumstances of the case. Giving a bribe in a significant amount means transferring benefits worth more than 25 thousand rubles.

Part 3 provides for punishment in the form of:

• punitive measures, the amount of which is equal to 2 million rubles;
• the bribe taker will not be able to work in a certain position or engage in the type of activity that he chooses for five years;
• imprisonment is imposed, the maximum term is eight years.

In this case, the size of the bribe can be increased by 40-70 times. Together with the last type of punishment, another type of punishment may be applied, which is specified in the sanction. However, the judge has the right to choose. The subject is an official who is foreign, or an official from a public organization of international scale.

The persons committing the act provided for in Part 4 of the norm in question are civil servants of state or municipal authorities. The liability for them is provided for:

• is fined in the amount that is the subject of the article in question, increased by 60-80 times, or pays 3 million rubles;
• five or ten years imprisonment;
• inability to hold office for seven years.

Paragraph 5 prescribes punishment for organized groups or bribes received on a large scale. To assess the offense under this item, you must provide valuables or other property worth more than 150 thousand rubles. Punishable:

• a fine of up to 4 million rubles, income of up to 4 years, or the amount of a bribe increased by 70-90 times;
• deprivation of the above right for up to ten years;
• imprisonment for up to 12 years.

A bribe on an especially large scale is provided for by the sixth part of Article 290 of the Criminal Code of the Russian Federation. An amount equal to more than one million rubles is considered especially large. The responsibility comes as follows:

• fine up to five million rubles. (the minimum is three million), income for five years, or the amount of the bribe increased by 80-100 times;
• inability to hold a position or perform activities for a period of up to 15 years;
• imprisonment for up to 15 years.

https://youtube.com/watch?v=SB4hR6COCdA%3Ffeature%3Doembed

Mikhail Abyzov

(RUB 32 billion)

The rating is headed by former Russian Minister for Coordination of Open Government Activities Mikhail Abyzov. The scale of the frauds he is accused of is astounding. The investigation believes that he and his accomplices stole assets and RES in the amount of 4 billion rubles and received illegal income in the amount of more than 32 billion. The former official was found to have about 70 offshore companies, whose accounts received more than $860 million between 2011 and 2016.

In October 2019, the Prosecutor General’s Office filed a lawsuit against Abyzov in the amount of 32.5 billion rubles. The entire amount was confiscated in favor of the state. And recently Abyzov found two more villas in the resort of Tuscany (Italy) worth a total of 2 billion rubles. The trial of the ex-minister continues.

Kirill Cherkani. Photo: RF IC

How to prove receipt of a bribe

For evidence, it is necessary to confirm the fact of the transfer of money or other funds to a certain person in exchange for performing an illegal action in favor of the briber.

In recent years, university students have been vigilant against teachers who extort money for a good grade, using a cell phone recorder or camera footage as proof of receiving a bribe. With these records, you can contact the police and initiate a criminal case.

With major officials, civil servants, representatives of administrative and municipal employees, the situation is much more complicated.

To do this, special operations are carried out to detain criminals at the scene of the crime, using dummies, marked banknotes and other special methods.

The grounds for proving bribery may be:

• recorded video and audio materials;
• witness's testimonies;
• receiving funds;
• arrest (with testimony) of the intermediary or bribe-giver;
• presence at the scene of the act of members of the anti-corruption committee.

Important! No oral statements will have legal force. . The proof is based on the absence of evidence, any relationship between persons that suggests the fact of the transfer of a significant amount of money

So, for example, if at the time of transfer of a certain amount one of the parties had a purchase and sale agreement in hand, it will be more difficult to prove the receipt of a bribe.

The proof is based on the absence of evidence, any relationship between persons that suggests the transfer of a significant amount of money. So, for example, if at the time of transfer of a certain amount one of the parties had a purchase and sale agreement in hand, it will be more difficult to prove the receipt of a bribe.

There will be testimony from witnesses who report that one party needed some actions or inactions from the other party and thereby received an offer in the form of a reward.

In conclusion, it should be noted that taking a bribe is a fairly serious crime for which they are subject to punishment and criminal liability.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below. .

Giving a bribe and receiving a bribe. What to do

1. Do not give or take bribes.
2. If you are detained while giving or receiving a bribe, refuse to testify and demand a meeting with a lawyer.
3. Do not touch the bribe item with your hands.
4. Do not discuss what happened in telephone conversations.
5. Refuse the lawyer provided by the operatives or the investigator, inform the investigator that you have your own bribery lawyer, demand to contact him and wait for his arrival.

Features of the qualification of the crime:

— Giving a bribe is directly related to receiving a bribe.

— Without giving a bribe, it is impossible to receive a bribe.

— If the money was not received by the bribe-taker, then the crime is considered unfinished and liability comes only for attempted bribery. (Such cases include offering a bribe to an official, leaving money in the official’s desk, sending it by mail, unless this is followed by the official accepting the bribe).

— Giving a bribe can only be committed with direct intent. A person must be aware that he is transferring money to an official for his performance of actions related to his official duties.

— If the subject is in good faith mistaken about the grounds for the transfer, believing that it is not a reward, or not realizing its illegality, there is no element of bribery (courier, employee of the organization, acquaintance or other persons unaware of the criminal intentions of the briber);

— If the head of a commercial or other organization instructed a subordinate employee to perform an official task by giving a bribe, this manager is responsible for giving the bribe as the bribe-giver, and the employee who agreed and handed over the bribe must be held accountable as an accomplice in giving the bribe.

— If the bribe-giver gave a bribe to a person who cannot carry out the actions for which the bribe was handed over due to lack of official authority, then the bribe-giver may be held accountable for attempted bribery, and the bribe-taker - for fraud under Art. 159 of the Criminal Code of the Russian Federation;

— If the bribe-giver, after giving a bribe, actively contributes to the disclosure or investigation of a crime and there are grounds for releasing the bribe-giver from criminal liability, namely:

1) there was extortion of a bribe or

2) the bribe giver voluntarily reported giving a bribe, then

Preliminary investigation authorities, the prosecutor or the court are obliged to release the bribe-giver from criminal liability.

Be that as it may, to organize your defense you will need an experienced bribery lawyer. This is especially necessary if you were subject to a bribery provocation by employees of the operational services. The bribery lawyer of the Specialized Collegium "EcCorp-Defense" will get acquainted with your case and begin to defend you at any stage of the criminal process. At the same time, the success of the defense depends, among other things, on the promptness of your appeal to a bribery lawyer and the number of mistakes made before this appeal.

If the money is transferred to the card, you can prove that it is a bribe

July 29, 2022, 6:51 pm Was the lawyer's response helpful? + 0 — 0 Collapse Client clarification All evidence of funds transfer is available. I would like to clarify about writing a letter about the error of the transfer, should I send it to the bank or to the recipient directly?

Is it possible to get caught for a bribe if money is put on a card?

help, yesterday my husband was arrested. They planted drugs on him. they demanded money. what should I do? which the police gave to my husband. They gave him a phone number so that he could send an SMS with the card number. Answer: Hello Anastasia. Firstly, choosing a preventive measure during an arrest is the prerogative of the court, and the investigator will not release your husband if he has evidence in the case.

We recommend reading: How long does it take for non-payment of housing and communal services to be sued?

Art. 575 of the Civil Code of the Russian Federation establishes a direct ban on donating various valuables to officials in connection with the performance of their assigned duties, excluding ordinary gifts. Ordinary gifts are understood as items and valuables whose price does not exceed 3,000 rubles. The famous “friend and lover” of Catherine II, Grigory Potemkin, was seen in a number of different corruption rewards, taking them from almost everyone - including foreign nationals.

How to prove the fact of receiving a bribe

Any case of bribery must be proven using materials from the criminal case, which we will talk about in more detail.

To begin with, it is proven that the accused is an official from the point of view of the law. To do this, the scope of his rights and obligations is identified. For this reason, the investigation requests at the accused’s place of work all necessary documentation that reveals the official powers of the subject

It is important that the person’s credentials are current at the time the bribe was received. Otherwise, there was no fact of receiving illegal remuneration

The fact of receiving a bribe is separately proven by the investigation. The following materials obtained during operational search operations may serve as evidence:

1. results of operational experiments;
2. data from auditory monitoring;
3. video surveillance results;

All the above materials will be considered valid if obtained legally. This is especially relevant, since it is legally prohibited to carry out auditory monitoring of citizens without the appropriate sanction of the prosecutor.

Direct confirmation of evidence of bribe receipt

However, the materials from investigative practice are not enough, so the data obtained are “fixed” using the following procedural actions:

• personal search and detention of the accused for a bribe;
• crime scene inspection;

During such events, the protocols reflect the fact that the person was in possession of material assets that were the subject of a bribe during the arrest or search.

https://youtube.com/watch?v=CExd8-307KQ%3Ffeature%3Doembed

Prohibited types of detection of bribery

Previously, multiple operational experiments in the form of staging bribes to the accused were widely practiced. But this practice is illegal. After the first identified case of bribery, there are grounds for criminal proceedings. The problem is that subsequent operational experiments are no longer aimed at stopping the crime, but at persuading the accused to commit an even more serious crime. This contradicts the principle of legality and justice.

In addition, in a separate procedure, the operational investigative department must prove the intent of the newly-minted corrupt official. This suggests that the accused person must have knowingly received illegal gratification. It is this part of proving the fact of bribery that is the most difficult in practice. This is due to the fact that the accused is not required to testify against himself regarding the crime committed.

Any facts obtained by law serve as evidence of intent:

1. results from operational-search activities;
2. testimony on behalf of victims;
3. testimony of witnesses in the case;
4. results of recorded auditions;
5. recordings from negotiations during investigative re-enactments;

Alexander Khoroshavin

(RUB 1 billion)

The former governor of the Sakhalin region, after being detained in 2015, is serving 13 years in a maximum security colony for bribes totaling 522 million rubles. During the searches, about 1 billion rubles in various currencies were found on the ex-head of the region. In addition, 800 pieces of jewelry and a gold pen worth about 1 million rubles were also seized. Also under arrest were three apartments in luxury buildings in Moscow (priced from several hundred to a million dollars) and a mansion in the Moscow region. After the arrest, the wife learned from the investigation about the mistress to whom the governor gave expensive cars, and filed for divorce.

Evgenia Vasilyeva.

Photo: Evgenia GUSEVA

How to prove your right to a dacha

Question:

Hello! My ex-husband (divorced 9 years ago) wants to sell the dacha that we purchased in HIS NAME 16 years ago, while in a registered marriage (we did not divide property after the divorce). According to a verbal agreement, until today I constantly used the dacha (to which he did not come). A week ago he made a real estate transaction (without notifying me) and handed over the documents to the Federal Registration Service.

Lawyer's answer:

The fact is that the statute of limitations is 3 years. Naturally, you will be able to file a claim, but if it brings a statement about the application of the statute of limitations, you will be denied.

Rita! You should immediately file a lawsuit in court, asking the court to immediately prohibit Rosreestr from registering transactions with the dacha. The fact is that your consent is implied by law, and therefore, if you do nothing and the transaction is registered, then you, again after going to court, will have the opportunity to demand from your former currency compensation 1/2 of the right of ownership to dacha

, which he will pay for the rest of his life at 5 rubles. per month.

In addition, you should immediately contact Rosreestr with a statement of your disagreement with the sale of the dacha.

In addition, to the buyer, if his details are known to you.

... Entrust the handling of the case to a lawyer who is skilled in handling such cases, and will do everything quickly, skillfully and in your absence. ...For example, us.

_____________________________________________________

Extortion of a bribe by a police officer

Extortion of bribes by law enforcement officers is a frequent phenomenon. If detectives extort money from you, you should:

1. call the “hotline” of the Ministry of Internal Affairs, which was created to combat corruption and abuse of office by police officers and report the fact of extortion;
2. submit a written application to the Internal Security Department of the Ministry of Internal Affairs. To ensure that the application does not get “lost,” you can send it by registered mail with notification. Be sure to indicate in your application: Your full name. and contacts, similar information, but also indicating the position of the person who is extorting a bribe from you, and the circumstances of the extortion. Your application will be subject to an internal internal review.
3. submit a written statement to the prosecutor's office with a demand to initiate a criminal case against a law enforcement officer who extorts a bribe from you.

Important! To qualify the extortion of a bribe, it does not matter whether the perpetrator had a real opportunity to carry out his threats, if the person who transfers the bribe has reasonable grounds to believe that the threat will be carried out. . P

“b”, Part 5 of Article 290 of the Criminal Code of the Russian Federation provides for the following types of punishment:

Clause “b”, Part 5 of Article 290 of the Criminal Code of the Russian Federation provides for the following types of punishment:

1. a fine of 70 to 90 times the amount of the bribe;
2. imprisonment from 7 to 12 years. In this case, the accused will be deprived of the right to engage in certain activities or hold a specific position for up to 3 years. He will also be given a fine in the amount of 60 times the amount of the extorted bribe.

Important! It should be remembered that giving a bribe, along with receiving and extorting a bribe, is a criminal offense.

Therefore, in order to avoid liability in case of extortion, you should immediately contact law enforcement agencies or the prosecutor’s office, and not agree with the demands of the criminal. Only a voluntary statement and assistance in the investigation is the basis for exemption from criminal liability. The application must include the following information: Full name. the person extorting a bribe, his position, place of work, the amount he extorts, time, date and place of transfer of material assets. In this case, money and valuables transferred by the victim to the guilty party are returned to the rightful owner in order to avoid negative consequences.

To ensure that your application is correctly completed and that there are no future problems with the law in connection with this incident, we recommend that you seek qualified assistance from lawyers.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below. .

Legislation

The main document in accordance with which the fight against bribery is carried out is the Criminal Code of the Russian Federation. In Art. 290 of this code provides a definition of taking a bribe and possible types of punishment for committing such a crime.

In addition, there are additional official documents that clarify certain issues related to the application of the Criminal Code. Such documents include, for example, Resolution of the Supreme Court of the Russian Federation No. 24 “On judicial practice on bribery issues.”

How to bring a bribe-taker to justice

People who want to know how to prove the fact of a bribe need to remember that it is very important to confirm the moment at which the bribe was discovered. Until the recipient has accepted the reward, corruption cannot be proven, since not all actions of the bribe-taker can be regarded by the court as illegal

In most cases, the criminal will insist that this is ordinary gratitude, and, as you know, it is not prohibited in the country.

You can think about how to prove a bribe only after it has been received by the official himself or members of his family, after funds have been transferred to his bank account, or after a certain service has been performed that brings personal benefit to the bribe-taker. In this case, it does not matter to the judge whether the official fulfilled his promise or not; if the crime is over, he will be held accountable in any case.

If the crime was not completed, then it is very important to find out the reasons. If the bribe-taker himself refused to receive the reward, then there is no corpus delicti; if he was prevented by circumstances beyond his control, then he can be charged with attempting to take a bribe. Receiving fake money - “counterfeits”, which were prepared by law enforcement agencies during the investigation process, is not a bribe, it will be an attempt to receive a bribe.

Evidence of a bribe must be irrefutable; the judge cannot make a decision based only on your assumptions, conjectures and words. The verdict depends on how convincing the evidence you present is. Proving guilt is the responsibility of the person who files the claim, but quite rarely people manage to bring a corrupt official to justice on their own, so it is recommended to arm yourself with the support of law enforcement agencies.

Before proving a bribe in court, it is necessary to collect all possible evidence that it was a specific person holding a high position who received the bribe. It is not difficult to prove the position held; it is enough to submit a request to the relevant organization about the presence of the employee, and agree on what powers he has. The hardest thing to prove is the fact of receiving a bribe for the provision of a certain service. Evidence of bribery may take the form of photographs and video materials, voice recordings of conversations, as well as testimony of witnesses.

Proving the guilt of a bribe-taker can only be done legally; accordingly, all evidence must be obtained in compliance with the standards described in the Code of Criminal Procedure of the Russian Federation. If a person decides to prove a bribe on his own initiative, and collects evidence in violation of the official’s legal rights (the right to confidentiality of telephone calls and correspondence), by eavesdropping or spying, then the court will not regard the proposed information as evidence of a crime.

Interesting: a video recording can still be evidence in court if you have become a victim of extortion by, for example, a traffic police officer or a doctor. The main condition here will be the authenticity of the video, and not an edited video from pieces or words taken out of context.

If we are talking about catching a major corrupt official, then there will be little video; law enforcement officers can mark the banknotes with special paint, which remains on the hands after touching, and confirms that the culprit has received a bribe. They can also mark the bills themselves with special inscriptions, which will later be found in the official’s office or wallet. Law enforcement agencies have the right to organize wiretapping, and these actions will be considered legal. If you install wiretapping yourself, then, as mentioned above, you will break the law.

To summarize, we can say that the first thing you should do if you become a victim of ransomware is to contact law enforcement agencies and tell everything. They are constantly faced with corruption and already have a clearly developed plan of action. On your part, it is necessary to provide reliable information on the situation, and the desire to delay the moment of transfer of money so that law enforcement agencies can collect as much necessary evidence as possible of the official’s guilt.