1. Violation of safety rules when handling microbiological or other biological agents or toxins, if this resulted in harm to human health, the spread of epidemics or epizootics, or other grave consequences, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to two years, or compulsory work for a period of up to three hundred sixty hours, or correctional labor for a period of up to one year, or forced labor for a period of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
2. The same act, which through negligence resulted in the death of a person, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Contents of Art. 248 of the Criminal Code of the Russian Federation with comments
Article 248 of the Criminal Code of the Russian Federation consists of two parts.
The first specifies the penalties used for violation of safety rules when handling microbiological or other agents or toxins, if the result of this act was:
- causing harm to human health (this means serious or moderate damage);
- the spread of epizootics or epidemics ( an epizootic is the mass death of animals due to the spread of an infection or virus, and an epidemic is the same, but among people);
- other negative consequences (high financial and material costs, environmental pollution, etc.).
The second part lists penalties for the same acts, but in the event that they resulted in the death of at least one person due to negligence.
The term “toxin” means any toxic substance that is released by a living organism, regardless of the method of production.
Commentary on Article 248 of the Criminal Code of the Russian Federation
1. The public danger of violating safety rules when handling microbiological or other biological agents or toxins is to undermine the environmental safety of the Russian Federation, causing harm to human health or depriving him of life, the spread of epidemics and epizootics, and the occurrence of other serious consequences.
The main and qualified elements of the crime are located respectively in parts 1 and 2 of the commentary. articles and describe socially dangerous acts falling into the categories of minor (part 1) and moderate (part 2) severity.
2. The main object of criminal encroachment is the environmental safety of society, regulated by safety rules for handling microbiological agents or toxins and ensuring the protection, rational use and reproduction of environmental objects. Along with the main object, optional objects may be subject to criminal encroachment - the habitat and vitality of the animal world, vegetation, other ecosystems, their ecological balance, human health. In a qualified crime, human life is an additional object of attack.
3. The means of criminal violation of safety rules are microbiological or other biological agents or toxins.
3.1. Microbiological agents are microorganisms that have a high rate of growth and reproduction, usually through simple cell division - bacteria, viruses, unicellular algae, fungi, microscopic forms of algae, protozoa.
3.2. Biological agents are plants, insects, animals, etc.
3.3. Toxins (from the Greek toxikon - poison) are complex natural compounds (polymers built from amino acid residues), proteins that are the result of the vital activity of microbiological and biological agents, capable of causing disease or death when entering the body of a person or animal.
4. The objective side of the crime is expressed in the form of both action and inaction. Passive criminal behavior is characterized by the failure of officials and other persons responsible for the implementation or compliance with safety rules to fulfill their duties in the presence of a real opportunity to fulfill (comply with) these duties (taking into account the volitional and intellectual aspects of the behavior of the guilty persons). In the event that an official does not provide control over the implementation and compliance with relevant safety rules, his act should be qualified as a crime against state power, the interests of the civil service or service in local government (Chapter 30). Active criminal behavior is possible on the part of both officials and other responsible persons authorized to handle microbiological and other biological agents or toxins. In this case, the guilty person improperly follows safety rules when handling the specified agents (toxins). Violation of safety rules can lead to biological contamination of the natural environment, i.e. to an excess of the number of living organisms beyond the norm permissible under natural conditions or to the appearance in this environment of new living organisms that were not previously characteristic of it. Monitoring compliance with maximum permissible standards of biological pollution is carried out by the sanitary and epidemiological service.
5. The disposition of the article is reference-blanket, i.e. To properly qualify a socially dangerous act as a crime, it refers the law enforcement officer to other laws and safety rules when handling microbiological or other biological agents or toxins. These are, for example, Federal Law dated March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population” (as amended on December 30, 2006) <1>; Sanitary and epidemiological rules “Sanitary protection of the territory of the Russian Federation. SP 3.4.1328-03", approved. Chief State Sanitary Doctor of the Russian Federation 05.25.2003 N 108 <2>. ——————————— <1> NW RF. 1999. N 14. Art. 1650; 2002. N 1 (part 1). Art. 2; 2003. N 2. Art. 167; 2004. N 27 (part 1). Art. 2700, N 35. Art. 3607; 2005. N 19. Art. 1752; 2006. N 1. Art. 10; RG. N 290, N 297. 2006.
<2> RG. N 119/1. 2003.
6. According to the legislative structure, the elements of the crime are material. The crime is completed (by elements) at the moment of at least one of the following material consequences: a) causing harm to human health; b) the occurrence of an epidemic or epizootic; c) the occurrence of other grave consequences - when qualifying a criminal act under part 1 comment. articles; d) the death of a person due to negligence - when qualifying the act under part 2 of the comment. articles.
6.1. For information about harm to human health, see paragraph 10.3 of the commentary. to Art. 246.
6.2. An epidemic is a high degree of intensity of a continuous epidemic process of transmission of infection from sick people or sick animals (sources of infection) to healthy people <1>. ——————————— <1> Small medical encyclopedia. M., 1969. T. 11. P. 945.
6.3. Epizootic is a massive infectious disease among animals, creating a danger of spreading the disease among people.
6.4. The death of a person and other grave consequences are understood in accordance with clause 11.2 of the commentary. to Art. 247 and paragraph 10.5 comment. to Art. 246.
7. The subjective side of the crime is characterized by guilt in the form of intent or negligence. The careless attitude of the perpetrator towards a socially dangerous act can be observed in the example of the careless attitude of a person responsible for the duties assigned to him, as a result of which pathogenic microorganisms leak from a research laboratory, or in the case of frivolous import from abroad into Russia of dangerous for local conditions exotic animals or plants.
7.1. Cases of committing a crime with two forms of guilt (complex guilt) are not excluded if a person deliberately violated safety rules when handling microbiological or other biological agents or toxins, while being indifferent to the resulting harm to human health, but a more serious criminal result (for example, death another person) occurred against his will (by negligence). In general, such a crime is considered intentional (Article 27).
8. The subject of a criminal offense is a sane individual who has reached the age of 16 at the time of its commission, who is entitled to handle microbiological or other biological agents or toxins, both by virtue of special legal regulations and by the right to own, use, and dispose of these items.
Corpus delicti
The subject of the offense is the environment in the totality of all its elements.
The objective side is expressed both in the form of action and inaction.
In the first case, the official or other responsible persons who were authorized to handle toxins knowingly or negligently commit safety violations.
In the second , they simply ignore their implementation or do not specifically engage in their immediate official duties.
The subjective side is characterized by either intent or negligence. The latter is easy to understand from the following example: a laboratory employee carelessly or negligently handled toxins or microorganisms, as a result of which they leaked outside the laboratory.
There may be cases of crime with a complex form of guilt. Let's look at an example. The citizen deliberately violated safety rules regarding the use of toxins, but was indifferent to the fact that this resulted in the death of people or serious harm to their health. There are signs of both indirect intent and negligence, but in general such an act is considered intentional.
Important. The motives and goals of the criminals do not matter for the qualification of the act.
The offenses described in Part 1 and Part 2 of Art. 248 of the Criminal Code of the Russian Federation, belong to the category of crimes of minor gravity, and in Part 3 of the same article - to the category of moderate gravity.
Subjects and objects
The main object of the crime under Art. 248 of the Criminal Code of the Russian Federation – public relations on environmental protection and the ecological situation in the country.
The subject of the crime is an individual without any mental disabilities and over the age of 16, who was allowed to work with toxins and microorganisms. According to judicial practice under Art. 248 of the Criminal Code of the Russian Federation, they are often laboratory employees.
How is it determined
To determine the act, the nature and type of specific toxins or microbiological substances are established , due to the leakage of which animals or people were infected.
It is also established what exactly the consequences of the leak were and for what reasons it occurred (due to the negligence of a laboratory employee or someone did it on purpose).
Evidence
In order to prove the fact of criminal acts, toxin tests are carried out. Their results are included in the case materials.
A cause-and-effect relationship is also established between the actual leakage of microorganisms and the onset of such negative consequences as the spread of dangerous viruses and infections among animals or people.
Commentary to Art. 248 Criminal Code
1. The objective side of the crime includes violation of safety rules when handling the objects specified in the article, the consequence in the form of harm to human health, the spread of epidemics or epizootics or other grave consequences and the causal relationship between the act and the resulting consequences.
2. Infliction of harm to human health is expressed in the infliction of grave, moderate or light harm.
An epidemic should be understood as an infectious human disease characterized by a severe course, a high level of mortality and disability, and rapid spread among the population. Epizootic is a mass infectious disease of animals.
Other serious consequences include those that require a long time and large financial and material costs.
3. The subjective side is characterized by intent or negligence. A person can only have a careless attitude towards causing serious harm to a person’s health. Intentional infliction of grievous bodily harm or moderate harm involves a combination of crimes under Art. 248 of the Criminal Code and Art. 111 of the Criminal Code or, accordingly, Art. 112 of the Criminal Code.
4. Special subject of the crime - a person responsible for compliance with safety rules when handling the above items.
Responsibility measures
If the offense was determined under Part 1 of Art. 248 of the Criminal Code of the Russian Federation , the following punishments are imposed:
- a fine in the amount of 100,000 to 300,000 rubles. or salary for 1-2 years;
- compulsory work for 360 hours;
- corrective labor for a year;
- forced labor for 2 years with a ban on certain types of activities for 3 years (the last sanction is optional);
- imprisonment for the same period using the above sanction.
If the act is qualified under Part 2 of Art. 248 of the Criminal Code of the Russian Federation, the following penalties are selected:
- compulsory work for 480 hours;
- correctional labor for 2 years;
- forced labor for 5 years with a ban on holding certain positions for 3 years (the sanction is assigned at the discretion of the judge);
- imprisonment in a colony for the same period with the application of the above-mentioned sanction.
Sentence under Art. 248 of the Criminal Code of the Russian Federation is issued by the court after the case has been considered, including all its circumstances.
Related crime under Art. 6.3 Code of Administrative Offenses - what is the difference
According to its structure, the offense described in Art.
248 of the Criminal Code of the Russian Federation, similar to what is described in Art. 6.3 Code of Administrative Offenses of the Russian Federation. The difference between them lies in the objective side of the actions.
In the first case, punishments are imposed for violations of safety regulations when using toxins, and in the second , for violations of regulations in the field of ensuring the sanitary well-being of the population.
Another distinctive feature is the consequences of crimes. They will be classified as criminal in the event of death, serious harm to their health, or the spread of epizootics or epidemics. If there were no such results, then they are classified as administrative.
Judicial practice: sentences and punishment under Art. 248 of the Criminal Code of the Russian Federation
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