Acquittal on charges of embezzlement using official position (3 episodes of Part 3 of Article 160 of the Criminal Code of the Russian Federation)

“Appropriation and embezzlement” is the name of Article 160 of the Criminal Code of the Russian Federation, which will become the subject of our conversation in the next article on the Uslovka website.

As a rule, the “clients” of investigative bodies and courts under this article are officials and financially responsible persons of enterprises, institutions and firms with access to money and valuable property.

On the pages of our website we talked about how difficult it is to get a suspended sentence for such serious crimes as robbery, drug trafficking, etc. In contrast to these offenses, under Article 160 of the Criminal Code of the Russian Federation, courts assign a suspended sentence much more often.

General information about the application of Art. 16.3 Code of Administrative Offenses of Russia during export

ATTENTION!
We work only with legal entities. For some goods that, based on their characteristics, can be classified as dual-use goods (export control and dual-use goods have already been mentioned in the relevant articles on the website), when exported from the customs territory of the EAEU (from the Russian Federation), it is necessary to obtain the appropriate conclusion from an authorized body or organization.

To obtain this conclusion, the exporter sends to the authorized body or organization an application and documents related to the export of goods: commercial documents, information about the exported goods, including its detailed description, including technical characteristics.

The Conclusion clearly states whether the products planned for export from the customs territory of the EAEU are included in the List of dual-use goods approved by Decree of the President of the Russian Federation on December 17, 2011 No. 1661.

If the goods fall into the specified List, then when placing goods under customs procedures for export from the customs territory of the EAEU (from the Russian Federation), it is necessary to obtain the appropriate permit (license).

A similar procedure exists for obtaining other export permits (if the goods are included in the corresponding list of goods to which non-tariff regulation measures are applied), approved by the Decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30 “On non-tariff regulation measures.”

Failure to present, during the release (export) of goods exported from the customs territory of the EAEU (from the Russian Federation), a permit (license) issued by an authorized body or organization, in the absence of signs of unreliable customs declaration, constitutes an offense under Art. 16.3 of the Code of Administrative Offenses of Russia “Non-compliance with prohibitions and (or) restrictions on the import of goods into the customs territory of the Eurasian Economic Union or into the Russian Federation and (or) export of goods from the customs territory of the Eurasian Economic Union or from the Russian Federation.”

It is important to note that, unlike Part 3 of Art. 16.2 Code of Administrative Offenses of Russia Art. 16.3. The Code of Administrative Offenses of Russia differs in that during customs declaration there are no signs of unreliable customs declaration. The signs of unreliable customs declaration are listed in Art. 16.1 Code of Administrative Offenses of Russia.

For example, an exporter carries out reliable customs declaration (including through a customs representative) of goods that require permission for their export from the customs territory of the EAEU (from the Russian Federation). However, for some reason, the customs post did not see (did not demand) that this permission (license) was necessary, and the goods were exported from the customs territory of the EAEU (from the Russian Federation).

The reasons that the customs post did not notice the lack of permission may be different: for example, the inattention of an official. There are also cases when one or another restriction or ban is introduced on the export of goods without a License, but the information was not brought to the customs post due to technical malfunctions in the automated software for checking customs declarations. In these situations, the exporter is not exempt from administrative liability under Art. 16.3 of the Code of Administrative Offenses of Russia, since there is the fact of issuing a corresponding customs declaration and the fact of export from the customs territory of the EAEU (from the Russian Federation).

Everything about criminal cases

Go to the Criminal Code

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Part
I
(up to 2 years)

- Part 1 160 of the Criminal Code

theft of entrusted property is misappropriation or embezzlement

Part
II
(up to 5 years)

- Part 2 160 of the Criminal Code

by a group of persons by prior conspiracy

- Part 2 160 of the Criminal Code

causing significant damage to a citizen

Part
III
(up to 6 years)

- Part 3 160 of the Criminal Code

using official position

- Part 3 160 of the Criminal Code

on a large scale

Part
IV
(up to 10 years)

- Part 4 160 of the Criminal Code

organized group

- Part 4 160 of the Criminal Code

on a particularly large scale

PLENAMA OF THE Supreme Court

- paragraph 23

Plenum No. 48 on the practice of cases of misappropriation and embezzlement

- P.

Plenum No. 48 features of initiating criminal cases under this article

- P.

Plenum No. 48 ban on detention under this article

- P.

Plenum No. 48 features of seizure of material evidence under this article

Article 160 of the Criminal Code. Misappropriation or embezzlement

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The line between administrators and a criminal article

(at the cost of the stolen)

— 7.27 Code of Administrative Offenses

petty theft (the amount separating criminal liability)

— clause 17.1

Plenum No. 29 commentary on criminal and administrative law. responsibility

- paragraph 30

Plenum No. 48 at low cost (fraud) qualification

1) Theft of someone else's property,

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- paragraph 23

Plenum No. 48 mandatory attribute, legal possession

entrusted to the perpetrator, that is:

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- paragraph 24

Plenum No. 48 misappropriation, theft of entrusted property

- assignment,

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- paragraph 24

Plenum No. 48 waste: consumption, transfer to others

- or waste,

punishable:

2) The same acts committed

- by a group of persons by prior conspiracy,

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- paragraph 19

Plenum No. 17, the significance of the damage to the victim

- paragraph 31

Plenum No. 48 property status of the victim

- as well as causing significant damage to a citizen,

are punished:

3) The same acts committed by a person

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- paragraph 29

Plenum No. 48 property of an individual, no official position

— P.

Plenum No. 21 differences between
Part 3 160 of the Criminal Code
and a crime under Article
201 of the Criminal Code
- using one’s official position,

- as well as on a large scale,

are punished:

4) Acts provided for in Part 1, Part 3 of this article, committed:

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- paragraph 28

Plenum No. 48 organized group, not only special subjects

- an organized group,

- either in a particularly large size,

are punished:

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