Responsibility for committing crimes against public safety

Responsibility for committing crimes against public safety

Section IX of the Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation)

dedicated to responsibility for crimes against public safety.

Public Safety

is a set of social relations regulated by legal norms that ensure the state of protection of the vital interests of the individual, society and state from internal and external threats.

Crimes against public safety

represent guiltyly committed socially dangerous acts (actions or inactions) that cause significant harm or create a threat of causing such harm to social relations that ensure the safety of vital personal, public and state interests.

Crimes against public safety, depending on the immediate object, can be divided into the following groups:

1) general crimes against public safety or crimes against general security (Articles 205 - 213, 215.1 - 215.3, 217.1, 227 of the Criminal Code of the Russian Federation);

2) crimes against public order (Article 214 of the Criminal Code of the Russian Federation);

3) crimes that violate safety during various types of work (Articles 215 - 216, 217 - 217.2, 219 of the Criminal Code of the Russian Federation);

4) crimes that violate the safe handling of generally dangerous devices, objects and substances (Articles 218, 220 - 226, 226.1 of the Criminal Code of the Russian Federation).

Of the total number of registered crimes, crimes against public safety make up a significant proportion. Thus, the total number of terrorist acts registered in Russia, according to the latest data published on April 18, 2018 by the Federal State Statistics Service for 2021, amounted to 37 thousand.

According to Part 1 of Article 205 of the Criminal Code of the Russian Federation (terrorist act) for committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or causing other grave consequences, in order to destabilize the activities of authorities or international organizations or influence their adoption of decisions, as well as the threat of committing these actions in order to influence decision-making by authorities or international organizations, liability is established in the form of imprisonment for a term of ten to fifteen years.

Part 2 of Article 205 of the Criminal Code of the Russian Federation establishes that the same acts:

a) committed by a group of persons by prior conspiracy or by an organized group;

b) resulting in the death of a person through negligence;

c) causing significant property damage or other grave consequences,

shall be punishable by imprisonment for a term of twelve to twenty years with restriction of freedom for a term of one to two years.

According to part 3 of article 205 of the Criminal Code of the Russian Federation, acts provided for in parts one or two of this article, if they:

a) are associated with an encroachment on facilities using atomic energy or with the use of nuclear materials, radioactive substances or sources of radioactive radiation or poisonous, poisonous, toxic, dangerous chemical or biological substances;

b) caused the intentional death of a person,

shall be punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years or life imprisonment.

The note to this article establishes that a person who participated in the preparation of a terrorist act is exempt from criminal liability if he, by timely warning the authorities or in another way, contributed to the prevention of the terrorist act and if the actions of this person do not contain another crime.

Let us note that according to the decree of the Administration of the Altai Territory dated December 19, 2014 No. 573 “On approval of the state program of the Altai Territory “Ensuring the rights of citizens and their safety” for 2015 - 2021”, during the implementation of the state program in this area it is planned to achieve the following final results by 2021 year: reduction in the number of crimes against persons, property, public safety and public order committed with the use of weapons and explosives, to 29 facts in the total number of crimes committed.

Changes in criminal legislation

The Criminal Procedure Code of the Russian Federation enshrines amendments previously made in the Russian Federation to exclude the deferment of serving sentences for persons who have committed terrorist crimes.

Federal Law No. 33-FZ dated 03/07/2017 established that a pregnant woman, a woman with a child under 14 years of age, a man with a child under 14 years of age and who is the only parent who are sentenced to imprisonment for crimes , provided for in Articles 205, 205.1, 205.2, 205.3, 205.4 and 205.5, parts three and four of Article 206, part four of Article 211, Article 361 of the Criminal Code of the Russian Federation, and crimes associated with the implementation of terrorist activities, provided for in Articles 277, 278, 279 and 360 of the Criminal Code RF, the court cannot delay the actual serving of the sentence until the child reaches the age of fourteen.

Such crimes include certain crimes against public safety (such as a terrorist act, assistance to terrorist activities, etc.), against peace and security (an act of international terrorism), as well as certain crimes against the foundations of the constitutional order and state security associated with the implementation of terrorist activities .

Civil Code of the Russian Federation Part 1

Chapter 24. CHANGE OF PERSONS IN AN OBLIGATION

Transfer of creditor's rights to another person

(as amended by Federal Law dated December 21, 2013 N 367-FZ)

General provisions

Article 382. Grounds and procedure for transferring the creditor’s rights to another person

1. The right (claim) belonging to the creditor on the basis of an obligation may be transferred by him to another person under a transaction (assignment of the claim) or may be transferred to another person on the basis of law.

2. To transfer the rights of a creditor to another person, the consent of the debtor is not required, unless otherwise provided by law or agreement.

If the contract provided for a prohibition of assignment, the assignment transaction may be declared invalid at the request of the debtor only if it is proven that the other party to the transaction knew or should have known about the specified prohibition.

The prohibition of the transfer of the creditor's rights to another person provided for in the contract does not prevent the sale of such rights in the manner established by the legislation on enforcement proceedings and the legislation on insolvency (bankruptcy).

3. If the debtor was not notified in writing about the transfer of the creditor's rights to another person, the new creditor bears the risk of the resulting unfavorable consequences for him. The debtor's obligation is terminated by its performance to the original creditor, made before receiving notification of the transfer of rights to another person.

4. The original creditor and the new creditor are jointly obliged to compensate the debtor - an individual for the necessary expenses caused by the transfer of the right, if the assignment, which entailed such expenses, was made without the consent of the debtor. Different reimbursement rules may be required under securities laws.

Article 383. Rights that cannot be transferred to other persons

The transfer to another person of rights inextricably linked with the personality of the creditor, in particular claims for alimony and compensation for harm caused to life or health, is not permitted.

Article 384. The scope of the creditor’s rights transferred to another person

1. Unless otherwise provided by law or agreement, the right of the original creditor passes to the new creditor to the extent and on the conditions that existed at the time of transfer of the right. In particular, the rights ensuring the fulfillment of the obligation, as well as other rights related to the claim, including the right to interest, are transferred to the new creditor.

2. The right of claim under a monetary obligation may be transferred to another person in part, unless otherwise provided by law.

3. Unless otherwise provided by law or contract, the right to receive performance other than payment of a sum of money may be transferred to another person in part, provided that the corresponding obligation is divisible and the partial assignment does not make the debtor’s performance of his obligation significantly more burdensome.

Article 385. Notification of the debtor about the transfer of rights

1. The debtor’s notification of the transfer of rights is valid for him regardless of whether it was sent by the original or the new creditor.

The debtor has the right not to fulfill an obligation to a new creditor until he is provided with evidence of the transfer of rights to this creditor, unless notification of the transfer of rights is received from the original creditor.

2. If the debtor has received notice of one or several subsequent transfers of rights, the debtor is considered to have fulfilled the obligation to the proper creditor upon performance of the obligation in accordance with the notice of the last of these transfers of rights.

3. A creditor who has assigned a claim to another person is obliged to transfer to him documents certifying the right (claim) and provide information relevant for the exercise of this right (claim).

Article 386. Debtor’s objections to the claim of a new creditor

The debtor has the right to raise objections against the claim of the new creditor that he had against the original creditor if the grounds for such objections arose by the time he received notification of the transfer of rights under the obligation to the new creditor.

Transfer of rights based on law

Article 387. Transfer of the rights of a creditor to another person on the basis of law

1. The rights of the creditor under an obligation are transferred to another person on the basis of law upon the occurrence of the circumstances specified therein:

1) as a result of universal succession in the rights of a creditor;

2) by a court decision to transfer the creditor’s rights to another person, if the possibility of such a transfer is provided for by law;

3) as a result of the fulfillment of an obligation by the guarantor of the debtor or by a pledgor who is not a debtor under this obligation;

4) when the insurer subrogates the rights of the creditor to the debtor responsible for the occurrence of the insured event;

5) in other cases provided for by law.

2. The rules of this Code on the assignment of claims (Articles 388 - 390) apply to relations related to the transfer of rights on the basis of law, unless otherwise established by this Code, other laws or follows from the essence of the relationship.

Assignment of claim (cession)

Article 388. Conditions for assignment of claims

1. Assignment of a claim by a creditor (assignor) to another person (assignee) is permitted if it does not contradict the law.

2. Without the consent of the debtor, assignment of a claim under an obligation in which the identity of the creditor is of significant importance for the debtor is not allowed.

3. An agreement between a debtor and a creditor to limit or prohibit the assignment of a claim under a monetary obligation related to the implementation of business activities by its parties does not invalidate such an assignment and cannot serve as a basis for terminating the contract from which this claim arose, but the creditor (assignor) ) is not released from liability to the debtor for this violation of the agreement.

4. The right to receive non-monetary performance may be assigned without the consent of the debtor, if the assignment does not make the fulfillment of his obligation significantly more burdensome for him.

An agreement between the debtor and the assignor may prohibit or limit the assignment of the right to receive non-monetary performance.

5. A joint creditor has the right to assign a claim to a third party with the consent of other creditors, unless otherwise provided by an agreement between them.

Article 388.1. Assignment of a future claim

1. A claim for an obligation that will arise in the future (future claim) may be assigned if the assignment is made on the basis of a transaction related to the implementation of business activities by its parties.

A future claim, including a claim under an obligation from a contract to be concluded in the future, must be defined in the assignment agreement in a manner that allows the claim to be identified at the time it arises or passes to the assignee.

2. Unless otherwise established by law, the future claim passes to the assignee from the moment it arises. An agreement between the parties may provide that a future claim is transferred at a later date.

Article 389. Form of assignment of claim

1. The assignment of a claim based on a transaction made in simple written or notarial form must be made in appropriate written form.

2. An agreement on the assignment of a claim under a transaction requiring state registration must be registered in the manner established for the registration of this transaction, unless otherwise provided by law.

Article 389.1. Rights and obligations of the assignor and assignee

1. The mutual rights and obligations of the assignor and assignee are determined by this Code and the agreement between them on the basis of which the assignment is made.

2. The claim passes to the assignee at the time of concluding the agreement on the basis of which the assignment is made, unless otherwise provided by law or agreement.

3. Unless otherwise provided by the agreement, the assignor is obliged to transfer to the assignee everything received from the debtor on account of the assigned claim.

Article 390. Liability of the assignor

1. The assignor is responsible to the assignee for the invalidity of the claim transferred to him, but is not responsible for the failure of the debtor to fulfill this requirement, except for the case if the assignor has assumed guarantee for the debtor to the assignee.

2. When making an assignment, the assignor must meet the following conditions:

the claim being assigned exists at the time of assignment, unless the claim is a future claim;

the assignor is entitled to make an assignment;

the assigned claim was not previously assigned by the assignor to another person;

the assignor has not committed and will not perform any actions that could serve as a basis for the debtor’s objections to the assigned claim.

The law or agreement may also provide for other requirements for the assignment.

3. If the assignor violates the rules provided for in paragraphs 1 and 2 of this article, the assignee has the right to demand from the assignor the return of everything transferred under the assignment agreement, as well as compensation for losses caused.

4. In relations between several persons to whom the same claim was transferred from one assignor, the claim is recognized as transferred to the person in whose favor the transfer was made earlier.

In the event of performance by the debtor to another assignee, the risk of the consequences of such performance is borne by the assignor or assignee who knew or should have known about the assignment of the claim that took place earlier.

Debt transfer

Article 391. Condition and form of transfer of debt

(as amended by Federal Law dated December 21, 2013 N 367-FZ)

1. The transfer of a debt from a debtor to another person can be made by agreement between the original debtor and the new debtor.

In obligations related to the implementation of business activities by their parties, the transfer of debt can be made by agreement between the creditor and the new debtor, according to which the new debtor assumes the obligation of the original debtor.

2. Transfer by the debtor of his debt to another person is permitted with the consent of the creditor and in the absence of such consent is void.

If the creditor gives prior consent to the transfer of debt, this transfer is considered to have taken place at the time the creditor receives notice of the transfer of debt.

3. When transferring a debt under an obligation related to the implementation of business activities by its parties, in the case provided for in paragraph two of paragraph 1 of this article, the original debtor and the new debtor bear joint liability to the creditor, unless the agreement on the transfer of debt provides for the subsidiary liability of the original debtor or the original debtor is not released from fulfilling the obligation. The original debtor has the right to refuse release from fulfillment of the obligation.

The rights of the creditor under this obligation are transferred to the new debtor, who has fulfilled the obligation related to the implementation of entrepreneurial activities by its parties, unless otherwise provided by the agreement between the original debtor and the new debtor or does not follow from the essence of their relationship.

4. The rules contained in Article 389 of this Code are respectively applied to the form of debt transfer.

Article 392. Objections of the new debtor to the creditor’s claim

The new debtor has the right to raise objections against the creditor's claim based on the relationship between the creditor and the original debtor, but does not have the right to exercise against the creditor the right to set off a counterclaim belonging to the original debtor. (as amended by Federal Law dated December 21, 2013 N 367-FZ)

Article 392.1. Rights of the creditor in relation to the new debtor

(introduced by Federal Law dated December 21, 2013 N 367-FZ)

1. The creditor may exercise all rights under the obligation in relation to the new debtor, unless otherwise provided by law, contract or follows from the essence of the obligation.

2. If, when transferring a debt, the original debtor is released from the obligation, the security for the fulfillment of the obligation provided by a third party is terminated, unless such person has agreed to be responsible for the new debtor.

3. The release of the original debtor from the obligation applies to any security provided by him, unless the property that is the subject of the security is transferred by him to the new debtor.

Article 392.2. Transfer of debt by force of law

(introduced by Federal Law dated December 21, 2013 N 367-FZ)

1. The debt may be transferred from the debtor to another person on the grounds provided by law.

2. To transfer a debt by force of law, the consent of the creditor is not required, unless otherwise established by law or follows from the essence of the obligation.

Article 392.3. Transfer of the contract

(introduced by Federal Law dated December 21, 2013 N 367-FZ)

In the event of a simultaneous transfer by a party of all rights and obligations under an agreement to another person (transfer of an agreement), the rules on assignment of claims and transfer of debt are respectively applied to the transfer transaction.

§ 1. GENERAL CHARACTERISTICS OF CRIMES

AGAINST PUBLIC SAFETY

Chapter 24 of the ninth section of the Criminal Code of the Russian Federation is called “Crimes against public safety.” However, this chapter contains two crimes that are classified as crimes against public order: Art. 213 of the Criminal Code – hooliganism and Art. 214 – vandalism. There is no separate chapter in the Criminal Code of the Russian Federation that would be devoted to crimes against public order. Therefore, the title of chapter 24 does not agree with its actual content, and indeed with the logic of the entire section as a whole, as well as its other chapters.

The peculiarity of crimes against public safety is that they are harmful to a wide range of interests (human safety, normal existence of society). As a result of the commission of crimes of this group, harm is caused or may be caused not to specific people, but to the safe conditions of existence of the entire society as a social organism.

The object of crimes included in Chapter 24 of the ninth section of the Criminal Code of the Russian Federation is security interests in certain areas.

The objective side of most crimes against public safety is characterized by active behavior: terrorism (Article 205 of the Criminal Code), hostage-taking (Article 206 of the Criminal Code), banditry (Article 209 of the Criminal Code). Only one crime is committed by omission. This is careless storage of firearms (Article 224 of the Criminal Code). Other attacks on public safety can be committed both through active behavior and inaction: violation of fire safety rules (Article 219 of the Criminal Code), violation of safety rules when conducting mining, construction or other work (Article 216 of the Criminal Code).

By design, some crimes are material, for example, violation of the rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products (Article 218 of the Criminal Code), and some are formal, for example, illegal handling of nuclear materials or radioactive substances (Article 218 of the Criminal Code). 220 CC).

The subjective side of many of the crimes under consideration is characterized by an intentional form of guilt. Certain crimes can be committed only through negligence (for example, careless storage of firearms, provided for in Article 224 of the Criminal Code). In a number of compounds, a mandatory feature of the subjective side is the goal (for example, taking a hostage - Article 206 of the Criminal Code).

The subject of crimes included in Chapter 24 can be sane individuals who have reached the age of 16. In crimes provided for in Articles 205–207, Part 2 of Art. 213 and part 3 of Art. 214 of the Criminal Code, the subject can be a sane person who has reached the age of 14.

The crimes of Chapter 24 can be divided into two main groups. The first group includes crimes against public safety, and the second group includes crimes against public order. There are two types of crimes against public order: hooliganism (Article 213 of the Criminal Code) and vandalism (Article 214 of the Criminal Code). All other crimes of Chapter 24 will constitute crimes against public safety, which, depending on the direct object of the crime, can also be divided into groups.

1. Crimes related to violation of special safety rules in production and facilities that pose an increased source of public danger. This is a violation of safety rules at nuclear energy facilities (Article 215 of the Criminal Code), termination or limitation of the supply of electrical energy or disconnection from other sources of life support (Article 2151 of the Criminal Code), violation of safety rules when conducting mining, construction or other work (Article 216 Criminal Code), violation of safety rules at explosive objects (Article 217 of the Criminal Code), violation of fire safety rules (Article 219 of the Criminal Code).

2. Crimes that cause or may cause harm not to an individual person, but to many people, society, and can be committed in various spheres of public life. These are terrorism (Article 205 of the Criminal Code), hostage taking (Article 206 of the Criminal Code), knowingly false reporting of an act of terrorism (Article 207 of the Criminal Code), organization of an illegal armed group or participation in it (Article 208 of the Criminal Code), banditry (Article 208 of the Criminal Code), banditry (Article 208 of the Criminal Code), 209 of the Criminal Code), organization of a criminal community (criminal organization) (Article 210 of the Criminal Code), hijacking of an air or water transport vessel or railway rolling stock (Article 211 of the Criminal Code), mass riots (Article 212 of the Criminal Code), piracy (Article 227 UK).

3. Crimes related to violation of the rules for handling objects (sources) of high public danger. This is a violation of the rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products (Article 218 of the Criminal Code), illegal handling of nuclear materials or radioactive substances (Article 220 of the Criminal Code), theft or extortion of nuclear materials or radioactive substances (Article 221 of the Criminal Code), illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition, explosives and explosive devices (Article 222 of the Criminal Code), illegal manufacture of weapons (Article 223 of the Criminal Code), careless storage of firearms weapons (Article 224 of the Criminal Code), improper performance of duties to protect weapons, ammunition, explosives and explosive devices (Article 225 of the Criminal Code), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226 of the Criminal Code).

Commentary on Article 24 of the Criminal Code of the Russian Federation

1. The commented article reveals and specifies the content of the principle of guilt (Article 5) and the guilt arising from it as one of the signs of a crime (Article 14).

The Criminal Code normatively defines and implements the principle of subjective imputation: a person can be held responsible for an act and for the consequences caused by it only if there is guilt, namely with an appropriate mental attitude to the act in the form of intent or negligence. The guilt of a person should not be established in itself, but in relation to all legally significant circumstances of the crime, which are signs of the relevant corpus delicti or aggravate the punishment.

3. For the purposes of the criminal legal fight against crime, the applied meaning of the concepts of intent and negligence, which has historically developed in legislation and judicial practice on the basis of psychology, is necessary and sufficient.

A number of articles of the Special Part of the Criminal Code directly state that the corresponding crime can only be committed intentionally (Articles 105, 111 - 115, etc.). Other articles, on the contrary, emphasize negligence as the only possible form of guilt (Articles 109, 118, 124, 143, 168, 216, 218, 219, etc.).

Part 2 of the commented article indicates that if the disposition of the article of the Special Part of the Criminal Code does not indicate a specific form of guilt in the main or qualified elements of the crime, then the guilt can be either only intentional (in some elements) or intentional and careless (in other elements) . In relation to each element of the crime, the content of guilt is established by interpreting the criminal law, taking into account the features of the objective side of the crime, included among the signs of its composition, the characteristics of the motive and purpose of the act (the presence of the latter indicates only direct intent) <1> and other circumstances. So, for example, the characteristics of an exclusively intentional form of guilt are knowledge, jointness, malice, illegality, threat, encroachment, coercion, evasion, etc. (see Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 3, 2008 N 3).

——————————— <1> For example, in relation to Part 2 of Art. 105 of the Criminal Code, see about this: Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 27, 1999 No. 1.

Thus, the actions of the driver of a vehicle who, as a result of an incident, put the victim in a condition dangerous to life or health and, in violation of the requirements of the Traffic Rules, did not provide him with the necessary assistance, if he had the opportunity to do so, are subject to qualification under Art. 125 of the Criminal Code. In this case, knowingly leaving without help a person in a condition dangerous to life or health should be understood as cases where the driver was aware of the danger to the life or health of the victim, who was deprived of the opportunity to independently seek medical help due to his infancy, old age, illness or helpless state (for example, when the driver fled the scene of the accident, did not call an ambulance, did not deliver the victim to the nearest medical facility, etc.) (see Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 9, 2008 N 25).

4. Forms of guilt, as well as types of intent (direct and indirect) and negligence (frivolity and negligence) differ from each other, as well as from innocent causing of harm by different ratios of the elements of consciousness and will both to the act (action or inaction), and in material compositions - and to the resulting consequences (see commentary to Art. Art. 25, 26, 28).

5. The form of guilt is important not only for the qualification of crimes and their differentiation from other offenses (for example, criminal liability for tax crimes, for various evasions is possible only if there is direct intent - see paragraph 8 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 28, 2006 N 64), but also to resolve a number of other legally significant issues: when categorizing crimes (Article 15 of the Criminal Code) and imposing punishment according to their totality (Article 69 of the Criminal Code); to establish relapse, in which only intentional crimes are taken into account (Article 18 of the Criminal Code); when deciding the issue of responsibility for preparation, attempt (Article 30 of the Criminal Code) and in case of voluntary refusal to complete a crime (Article 31 of the Criminal Code), for complicity in a crime (Article 32 of the Criminal Code), which is possible only with deliberate activity; when characterizing a person and his motivation when individualizing punishment (Article 60 of the Criminal Code); upon cancellation of a suspended sentence (parts 4 and 5 of Article 74 of the Criminal Code); when determining the regime for serving a sentence of imprisonment (Article 58 of the Criminal Code), etc.

Chapter 24. Crimes against property

CHAPTER 24 CRIMES AGAINST PROPERTY

Notes:

1. In this chapter, theft is understood as the intentional unlawful gratuitous seizure of someone else’s property or the right to property for mercenary purposes through theft, robbery, robbery, extortion, fraud, abuse of power, misappropriation, embezzlement or use of computer equipment.

2. Theft is considered committed repeatedly if it was preceded by another theft or any of the following crimes: theft of firearms, ammunition or explosives (Article 294), theft of radioactive materials (Article 323), theft of narcotic drugs, psychotropic substances and their precursors (Article 327), theft of potent or toxic substances (Article 333).

3. In the articles of this chapter, a significant amount (damage in a significant amount) is recognized as an amount (damage) in an amount forty or more times greater than the base amount established on the day the crime was committed, a large amount (damage in a large amount) - two hundred and fifty and more times, especially large in size (damage on an especially large scale) - a thousand or more times the size of such a basic value.

4. A person who has committed theft of property of a legal entity by theft, fraud, abuse of official powers, misappropriation or embezzlement in an amount not exceeding ten times the base amount established on the day the act was committed is not subject to criminal liability, with the exception of the theft of an order, medal, badge to the honorary title of the Republic of Belarus or the USSR, or theft of property of an individual through theft, fraud, abuse of official powers, misappropriation or embezzlement in an amount not exceeding twice the base amount established on the day the act was committed, with the exception of the theft of an order, medal, badge to the honorary title of the Republic of Belarus or the USSR, or theft committed by a group of persons, or by theft committed from clothes or hand luggage that were with him, or by entering a home.

5. A person who committed a crime provided for in part one of Article 205, or part one of Article 209, or part one of Article 210, or part one of Article 211, or part one of Article 214, if he confessed, actively contributed to the detection of the crime and fully compensated damage caused is exempt from criminal liability.

6. Criminal prosecution of relatives of the victim who committed theft (part one of Article 205), or fraud (part one of Article 209), or embezzlement or embezzlement (part one of Article 211), or theft of a vehicle or small watercraft (part one of Article 214) , is initiated only at the request of the victim.

Article 205. Theft

1. Secret theft of property (theft) –

shall be punishable by a fine, or correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of freedom for a term of up to three years, or imprisonment for the same term.

2. Theft committed repeatedly, either by a group of persons, or with penetration into a home, –

shall be punishable by correctional labor for a term of up to two years, or arrest for a term of three to six months, or restriction of liberty for a term of up to four years, or imprisonment for the same term.

3. Theft committed on a large scale –

shall be punishable by imprisonment for a term of two to seven years with or without confiscation of property.

4. Theft committed by an organized group or on an especially large scale, –

shall be punishable by imprisonment for a term of three to twelve years with confiscation of property.

Article 206. Robbery

1. Open theft of property (robbery) –

shall be punishable by a fine, or correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to four years, or imprisonment for the same term.

2. Robbery combined with violence not dangerous to the life or health of the victim, or with the threat of such violence, or committed repeatedly or by a group of persons, or with penetration into a home, –

shall be punishable by restriction of freedom for a term of up to five years or imprisonment for a term of two to six years.

3. Robbery committed on a large scale –

shall be punishable by imprisonment for a term of three to eight years with or without confiscation of property.

4. Robbery committed by an organized group or on an especially large scale, –

shall be punished by imprisonment for a term of five to thirteen years with confiscation of property.

Article 207. Robbery

1. Use of violence dangerous to the life or health of the victim, or threat of use of such violence for the purpose of direct seizure of property (robbery) –

shall be punishable by imprisonment for a term of three to ten years with or without confiscation of property.

2. Robbery committed with penetration into a home, either repeatedly, or by a group of persons, or with the aim of seizing property on a large scale, –

shall be punishable by imprisonment for a term of six to fifteen years with confiscation of property.

3. Robbery committed by an organized group, either with the infliction of grievous bodily harm, or with the aim of seizing property on an especially large scale, –

shall be punishable by imprisonment for a term of eight to fifteen years with confiscation of property.

Article 208. Extortion

1. Demanding the transfer of property or the right to property or the commission of any actions of a property nature under the threat of violence against the victim or his relatives, destruction or damage to their property, dissemination of slanderous or disclosure of other information that they wish to keep secret (extortion), –

shall be punishable by correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to five years, or imprisonment for the same term.

2. Extortion committed repeatedly, or by a group of persons by prior conspiracy, or under the threat of murder or infliction of grievous bodily harm, or associated with the destruction or damage of property, or for the purpose of obtaining property benefits on a large scale –

shall be punishable by imprisonment for a term of five to ten years with or without confiscation of property.

3. Extortion committed by an organized group, either with the use of violence, or entailing other grave consequences, or for the purpose of obtaining property benefits on an especially large scale –

shall be punishable by imprisonment for a term of seven to fifteen years with confiscation of property.

Article 209. Fraud

1. Taking possession of property or acquiring the right to property by deception or abuse of trust (fraud) –

shall be punishable by a fine, or correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term.

2. Fraud committed repeatedly or by a group of persons –

shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to four years, or imprisonment for the same term.

3. Fraud committed on a large scale –

shall be punishable by imprisonment for a term of two to seven years with or without confiscation of property.

4. Fraud committed by an organized group or on an especially large scale, –

shall be punishable by imprisonment for a term of three to ten years with confiscation of property.

Article 210. Theft by abuse of official powers

1. Seizure of property or acquisition of rights to property committed by an official using his official powers (theft by abuse of official powers), –

shall be punishable by deprivation of the right to hold certain positions or engage in certain activities with a fine or imprisonment for a term of up to four years with or without a fine and with deprivation of the right to occupy certain positions or engage in certain activities.

2. Theft by abuse of official powers, committed repeatedly or by a group of persons by prior conspiracy, –

shall be punishable by restriction of freedom for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities, or imprisonment for a term of three to seven years with confiscation of property and with deprivation of the right to occupy certain positions or engage in certain activities.

3. Actions provided for in parts one or two of this article, committed on a large scale, –

shall be punishable by imprisonment for a term of three to ten years with confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities.

4. Actions provided for in parts one, two or three of this article, committed by an organized group or on an especially large scale, –

shall be punished by imprisonment for a term of five to twelve years with confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities.

Article 211. Misappropriation or embezzlement

1. Appropriation or embezzlement of property by a person to whom it is entrusted, –

shall be punishable by deprivation of the right to hold certain positions or engage in certain activities with a fine or imprisonment for a term of up to four years with or without a fine and with deprivation of the right to occupy certain positions or engage in certain activities.

2. The same acts, committed repeatedly or by a group of persons by prior conspiracy, –

shall be punishable by imprisonment for a term of two to five years with a fine or without a fine and with deprivation of the right to hold certain positions or engage in certain activities.

3. Actions provided for in parts one or two of this article, committed on a large scale, –

shall be punishable by imprisonment for a term of two to seven years with confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities.

4. Actions provided for in parts one, two or three of this article, committed by an organized group or on an especially large scale, –

shall be punishable by imprisonment for a term of three to twelve years with confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities.

Article 212. Theft through the use of computer equipment

1. Theft of property by changing information processed in a computer system, stored on computer media or transmitted over data networks, or by introducing false information into a computer system –

shall be punishable by a fine, or deprivation of the right to hold certain positions or engage in certain activities, or arrest for a term of up to six months, or restriction of freedom for a term of up to three years, or imprisonment for the same term.

2. The same act, committed repeatedly, or by a group of persons by prior conspiracy, or associated with unauthorized access to computer information, –

shall be punishable by restriction of freedom for a term of two to five years or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities or without deprivation.

3. Acts provided for in parts one or two of this article, committed on a large scale, –

shall be punishable by imprisonment for a term of three to ten years with confiscation of property or without confiscation and with or without deprivation of the right to hold certain positions or engage in certain activities.

4. Acts provided for in parts one, two or three of this article, committed by an organized group or on an especially large scale, –

shall be punishable by imprisonment for a term of six to fifteen years with confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities or without deprivation.

Article 213. Deleted

Article 214. Theft of a vehicle or small watercraft

1. Wrongfully taking possession of a vehicle or small watercraft and traveling on it without the purpose of theft (hijacking) –

shall be punishable by restriction of freedom for a term of two to five years or imprisonment for a term of up to five years.

2. The same action, committed repeatedly, or by a group of persons by prior conspiracy, or resulting through negligence in causing damage on an especially large scale, –

shall be punished by imprisonment for a term of three to seven years.

3. Actions provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, –

shall be punished by imprisonment for a term of five to ten years.

Note. The characteristics of the vehicle are indicated in the note to Article 317 of this Code.

Article 215. Appropriation of found property

Appropriation on an especially large scale of knowingly found someone else's property or treasure –

shall be punished by community service, or a fine, or arrest for a term of up to three months.

Article 216. Causing property damage without signs of theft

1. Causing significant damage by obtaining property benefits as a result of deception, abuse of trust or by modifying computer information in the absence of signs of theft –

shall be punishable by a fine, or correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of freedom for a term of up to two years, or imprisonment for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities or without deprivation .

2. Causing property damage without signs of theft, committed by a group of persons by prior conspiracy or on a large scale, –

shall be punishable by restriction of freedom for a term of up to five years or imprisonment for the same term.

Article 217. Illegal alienation of entrusted property

Illegal gratuitous alienation of a significant amount of someone else’s property entrusted to the perpetrator, in the absence of a selfish purpose –

shall be punishable by a fine, or arrest for a term of up to six months, or restriction of freedom for a term of up to three years.

Article 218. Intentional destruction or damage to property

1. Intentional destruction or damage to property, resulting in significant damage, –

shall be punishable by a fine, or correctional labor for a term of up to two years, or arrest for a term of up to three months, or restriction of freedom for a term of up to two years.

2. Intentional destruction or damage to property, committed in a generally dangerous manner or causing damage on a large scale, –

shall be punishable by restriction of freedom for a term of up to five years or imprisonment for a term of three to ten years.

3. Actions provided for in parts one or two of this article, committed by an organized group, or resulting through negligence in the death of a person or other grave consequences, or causing damage on an especially large scale, –

shall be punishable by imprisonment for a term of seven to twelve years.

Article 219. Destruction or damage to property due to negligence

Destruction or damage to property through negligence, resulting in damage on an especially large scale, –

shall be punishable by correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of freedom for a term of up to two years.

Article 220. Unfair protection of property

Unfair performance by a person entrusted with the protection of property of his duties, resulting in the theft, destruction or damage of this property on an especially large scale, in the absence of signs of malfeasance -

shall be punishable by community service, or a fine, or correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years.