Weapons are being purchased more and more often in the modern world. And they use it without permission. This is a criminal offense. At least in Russia. Art. “responsible” for the corresponding crime. 222 of the Criminal Code. Please note that this is where all possible measures of criminal prosecution are prescribed. The sale, purchase, storage, transportation or carrying of weapons (as well as their parts and other components), recognized as illegal, will certainly be punished. But how exactly? What do violators get for their crimes?
What is allowed
It’s worth noting right away that you can carry civilian weapons. And it does not require any additional documents. If you find this category of weapon, nothing will happen to you. No criminal liability.
What is considered a civilian weapon? Firstly, accessories used for hunting, as well as for sports. Secondly, devices designed for cultural development and learning. Thirdly, these are means of self-defense (for example, pocket stun guns).
Please note that firearms permitted to be carried and stored without additional documents must not be capable of firing in bursts. And the drum can hold no more than 10 rounds. The exception is sporting weapons.
Providing allotments
Plots classified as municipal or state property are transferred to subjects for construction on the basis of Articles 30-32 of the Land Code. At the same time, the Land Code provides for the provision of plots with and without prior approval. If the second option is used, tenders are held.
Traditionally, a developer is considered a person (legal/individual) who carries out construction on his own or on the basis of a contract. This status can also be obtained by an entity that is given ownership of a plot of land or a long-term lease for the implementation of a development project with the subsequent transfer of the objects to another person.
Probation
So what does Art. 222 of the Criminal Code of the Russian Federation? Of course, the sale, transfer, storage, acquisition and carrying of weapons will be punished if the above acts are recognized as illegal. In Russia there is criminal liability for this. Only the court can decide on exact preventive measures. The instructions in the Criminal Code are only a kind of “support” that should be addressed when making a final decision. Basically, the degree of punishment depends on the situation as a whole.
Clause 1 of Art. 222 of the Criminal Code of the Russian Federation indicates that a suspended sentence is imposed for the committed act. Or restriction of freedom. For illegal communication with weapons and their components, you will have to put up with a so-called suspended sentence. Not too harsh a punishment. And it lasts for a maximum of 3 years. Remember, carrying civilian weapons is allowed if it meets special standards.
Characteristics of illegal actions
The acquisition of weapons, the circulation of which is prohibited, is the purchase, receipt as a gift or as a debt, in exchange for a thing (goods), appropriation of what was found, and so on. Part 1 of Article 222 also qualifies actions involving temporary misappropriation of weapons for criminal or other purposes, if the person’s behavior does not show signs of theft.
The transfer of a weapon is the provision of it by the person in whose possession it is located to strangers for temporary use (including for criminal purposes) or for storage.
Sale is considered to be the irrevocable alienation of an item into the ownership of another person as a result of an illegal transaction. If, during the commission of a crime, the owner of a weapon transferred it to another subject (accomplice) for a time for use for criminal purposes, the act is considered as a transfer, not a sale. Providing an item to another citizen for storage is assessed in a similar way.
If a person throws away a weapon during police pursuit, this action does not qualify as sale.
Works
So-called forced public works also take place. The defendant in the case of illegal acquisition, storage, transportation, as well as transfer, sale or carrying of weapons can be sentenced to a kind of labor. It is expressed as forced labor.
The exact deadline is set by the court after all the circumstances of the case have been clarified. However, according to Art. 222 of the Criminal Code, the maximum duration of such punishment is not too long. Only 4 months. In practice, this measure is used extremely rarely. More often than not, more serious penalties are imposed for illegal “communication” with weapons.
Under arrest
For example, arrest. It’s not the most serious measure yet, but it’s the one that makes people think. The thing is that from the text of Article 222 of the Criminal Code (do not confuse with Article 222 of the Civil Code of the Russian Federation, this is a completely different violation) it follows: a person convicted of illegal storage, sale, transportation, carrying and transfer of weapons, as well as their components and ammunition, can be sentenced to arrest.
What is the deadline? Again, it all depends on the specific situation. But from the text of the article it follows that the maximum here is set at six months. Arrest for 6 months or less is another punishment for the crime committed. This “punishment” is used only in the absence of any special conditions. More on them a little later.
Part 4
It establishes liability for the illegal sale of gas, cold steel (including propellant), long-barreled smooth-bore civilian weapons, as well as weapons of limited destruction. Punishment is imposed for illegal actions with items made in both factory and artisanal ways.
The following items are considered melee weapons:
- Used to destroy targets using muscular force with direct contact with the targets. These include bladed weapons (knives, daggers, sabers, swords, etc.), other chopping, cutting, piercing, mixed (battle axes, etc.) or impact-crushing weapons (nunchucks, brass knuckles, etc.).
- Used to hit various targets (including moving ones) at a distance with the help of projectiles that receive directed movement using muscular force or a special mechanical device. The first includes darts, axes/throwing knives, etc., the second includes a crossbow, bow, etc.
Prison + fine
What else can be relied upon for committing this act? For example, imprisonment. And, the “bonus” is the payment of a fine. This is an optional measure, but it is extremely common in many cases. If it is possible to assign a payment to the state, this is usually done.
In Art. 222 of the Russian Federation (Criminal Code) states that illegal storage, sale, transfer, carrying, acquisition of weapons or their components (and ammunition) is punishable by prison. For a period of up to 4 years inclusive. A fine of up to 80,000 rubles may also be imposed. Or payments can be presented in the form of the convicted person’s income for no more than 3 months. This could be a part-time job, salary or other sources of (legal) funds.
Gas weapon
It is used to temporarily destroy targets. The object can be an animal or a person.
Gas weapons contain charges with toxic substances that have an irritating, tear-producing or other effect. This includes aerosols, pistols, mechanical sprayers, etc.
The subject of the crime under Part 4 of Art. 222 can be a weapon equipped with poisonous, nerve-paralytic or other substances that can cause harm to the health of the victim of an attack, prohibited for circulation by the Law “On Weapons”.
For a group
Special punishment is provided for in Article 222 of the Criminal Code (not to be confused with Article 222 of the Civil Code of the Russian Federation) for the acts mentioned above, but with a certain “complicating” point. We are talking about a conspiracy by several persons. That is, when the acquisition, sale, storage, transportation or carrying of weapons and its components is carried out by several persons or a group.
These violations will be punished criminally. Imprisonment and fine. Exactly the same as in the previous case. Only now the terms and amounts of payments will be longer. Imprisonment for a term of 2 to 6 years, and a fine of up to one hundred thousand rubles. Or you can hope to assign “compensation” in the form of income for a period not exceeding six months.
It is worth paying attention to the fact that the group that committed the violation should not be considered some kind of organized association. Otherwise Art. 222 (part 2) loses its legal force. Instead, the case will be considered taking into account Part 3 of this article of the Criminal Code of the Russian Federation. Therefore, it is important to know which group acted - organized or simply by prior agreement. It's a huge difference.
Why do you need the help of a lawyer?
Without wishing to compromise our legal and law enforcement system, we note that artificial criminalization occurs in practice. There are enough examples when law enforcement officers want to “close” a citizen they dislike. The purpose of such fraud may be to detain a criminal against whom there is no compelling evidence.
Such examples are assessed positively by society, since it is not always possible to fight crime within the law. But if such an attack is due to personal hostility or revenge, then we all begin to be indignant about the presence of police brutality. The result of a “far-fetched” accusation is not a real prison term, but the temporary isolation of the suspect, since a preventive measure in the form of detention is chosen against him for the period of investigative actions. The simplest way to incriminate a crime is to plant drugs or weapons.
Consider the following example. A man who went on a trip by car was asked to hand over a bag. It is indecent to look through other people's things, so he agrees, without even knowing what exactly he will have to transport. Imagine his surprise when traffic police officers search the car at the post.
There are many more examples that can be given, but what they have in common is that a person is faced with the arbitrariness of law enforcement agencies or deliberately commits a crime. In any case, the accused needs professional defense, even if he is actually involved in illegal weapons trafficking.
Organization
If the illegal acquisition, sale, storage, transfer, transportation or carrying of weapons and their ammunition (components) was committed through an organized group, in accordance with Art. 222 of the Criminal Code, a more serious punishment will be required. Although there will be no special differences from all other measures of punishment. Except in the length of imprisonment and the size of the fine imposed.
In the first case, you can expect that the violators (each of them) will be given a term of 5 to 8 years in prison. The more serious the crime, the harsher the punishment. The Criminal Code (not Article 222 of the Civil Code) states that penalties for working in an organized group vary. They can reach two hundred thousand rubles. But there is a minimum here. And it amounts to 100,000. If we talk about the fine expressed as the income of the convicted person, it is charged in amounts from 12 to 18 months. Judicial practice demonstrates the maximum punishment for a violation committed with the participation of an organized group. Violators are more likely to be sentenced to 8 years in prison and a maximum fine.
Construction documents
To create an object on a site, you first need to obtain permission and an architectural design. The second document is drawn up on the basis of the architectural and planning assignment. It includes the provisions of the agreed urban planning documentation, mandatory requirements for the facility (sanitary and hygienic, environmental, fire safety), instructions for carrying out work in special conditions. The assignment also specifies requirements to ensure the protection of the rights of legal entities and citizens if their interests are affected by this construction.
If the provisions are violated or there is no architectural and planning assignment or building permit issued by the competent authority, the object erected on the site will be recognized as an unauthorized construction.
By law, the person who built it is obliged to demolish it. If there are grounds, demolition of the building is permitted by court decision.
Last resort
Part 4 of the Criminal Code of the Russian Federation (Article 222) provides for the last case in which this law can be invoked. We will talk about the illegal handling of civilian smooth-bore firearms, cold propellant and gas “types”. In such a situation, it is quite difficult to assign punishment. After all, there are many possible measures to prevent crime. And deciding on them is not so easy. Many factors must be taken into account during a trial. In practice, it can be noted that the use of a civilian “firearm”, as well as other types of weapons specified in Part 4 of Art. 222 of the Criminal Code of the Russian Federation is not as dangerous as, for example, working in an organized group. Therefore, the penalties in some cases are not so serious.
Compulsory, corrective and forced labor are the main features of the crime committed. In practice, these types of labor occur frequently. Their duration is accordingly:
- up to 480 hours;
- 1-2 years;
- up to 24 months.
True, not everything always works out so simply. In addition to a variety of labor, the convicted person may be sentenced to restriction of freedom with forced labor for a specified period. How long will it take to “put up with” the first part of the court decision? Up to 2 years. Arrest for up to six months is another measure that is imposed on a violator for illegal “communication” with civilian weapons and other forms specified in Part 4 of Art. 222 of the Criminal Code.
The last thing you can expect is jail time. And in some circumstances - a fine. Imprisonment lasts up to 2 years, and the fine reaches 80 thousand. Or it is confiscated in the form of the income of the accused of a crime for the last 6 months.
Results
As you can see, everything is quite confusing. And it is not always easy to determine the exact punishment. However, if you don’t want to make a mistake, just hope for the highest degree provided for under Article 222 of the Criminal Code of the Russian Federation.
To avoid problems, it is enough to follow the rules for storing and carrying, as well as purchasing weapons by citizens. It's not that difficult. You will have to try, but it will be possible in unforeseen situations to avoid criminal liability. Art. 222 of the Criminal Code of the Russian Federation will indicate a suitable punishment in case of violation of the law regarding the storage and carrying of weapons.
Lawyer services under Article 222 of the Criminal Code of the Russian Federation
Lawyer Alexandrov K.S. provides effective assistance in cases related to illegal arms trafficking. Such cases are complicated by the need to delve into all the circumstances, so the main focus is on monitoring the actions of law enforcement officers who have no particular desire to take into account the nuances of the current situation.
A lawyer under Article 222 of the Criminal Code of the Russian Federation in St. Petersburg accompanies all investigative measures and takes direct part in the court hearing. His wealth of experience allows him to achieve exemption from criminal prosecution at the pre-trial stage of the proceedings. As part of protecting the client, the lawyer provides a whole range of services.
- The lawyer performs an advisory function. Counseling of the client begins from the moment the latter is detained or charged. The defense attorney also conducts, if necessary, additional consultations, which include general legal issues and life issues (moral support, strategy for the defendant’s behavior, issues of the accused’s social activities).
- Explanation of the norms of criminal and criminal procedural law. This service is especially relevant, since all regulatory documents are freely available, but their correct interpretation by average citizens remains in doubt.
- Analysis of similar cases previously handled by a lawyer. Our own practice and detailed analysis of strategies allow us to increase the effectiveness of protection. Over time, any specialist begins to accurately predict the course of procedural proceedings and choose the most optimal strategies.
- Legal assessment of the actions of the accused. At the pre-trial stage, it is useful to find out exactly how the actions of the accused will be assessed according to the letter of the law. The legal assessment, as well as the exact wording of the charges, reveal all the pitfalls in each specific case. The lawyer, like his client, must be prepared for various kinds of surprises.
- Studying materials on the case. A lawyer under Article 222 of the Criminal Code of the Russian Federation in St. Petersburg has the right to request certain documents from the investigation if they do not constitute state secrets. The accused himself will not be able to describe the current situation objectively, so the lawyer must know exactly what circumstances are included in the protocol.
- Determining the prospects for consideration of the case in court. No lawyer can give guarantees, even in the simplest cases. But this does not mean at all that the defense will be carried out spontaneously. The lawyer assesses the chances of winning the case and tells his client what results can be achieved at the court hearing.
- Study of materials on the case that were collected at the preliminary investigation stage. Materials are studied for the legality of their receipt and correctness of compilation. The evidence base against the accused must comply with the norms of criminal procedure legislation.
- If violations are detected on the part of investigators, the lawyer will appeal against the actions or inactions of officials. In this regard, a lawyer must monitor all actions regarding his client in order to prevent violation of his legal rights.
- Preparing for the trial. This service may include developing a strategy, collecting evidence, interviewing witnesses and other activities. The type of strategy is determined by the lawyer himself, based on the circumstances and elements of the crime.
- Preparation of documents. This service includes the preparation of documentation at various stages of the criminal case. The lawyer draws up petitions, statements, petitions, collects characteristics and attaches the received materials to the case.
- Client defense in court
- Filing an appeal and participating in a higher court.
All of the listed services provided by criminal lawyer K.S. Aleksandrov will prove effective if the accused under Article 222 of the Criminal Code of the Russian Federation follows a few simple rules.
It is necessary to contact a lawyer immediately after arrest. Before his arrival, you should not give any testimony or sign any documents. You should refuse the assistance of a government lawyer and insist on the presence of your own lawyer.
There is no need to follow the lead of law enforcement officers and follow their advice, which they try to give “without protocol.” Often, the implementation of such recommendations has a detrimental effect on the fate of the accused. If the lawyer does not have time to arrive at the place of detention on time, then it is necessary to maintain contact with him remotely, receiving valuable advice from him. Remember that correcting a situation is much more difficult than preventing it.
