Punishment for illegal entry into a protected facility

New edition of Art. 20.17 Code of Administrative Offenses of the Russian Federation

1. Unauthorized entry into an object protected in accordance with the established procedure, with the exception of cases provided for in part 2 of this article, -

shall entail the imposition of an administrative fine in the amount of three thousand to five thousand rubles with or without confiscation of the instrument for committing the administrative offense.

2. Unauthorized entry into an underground or underwater facility protected in accordance with the legislation of the Russian Federation on departmental or state security, if this action does not contain signs of a criminal offense -

shall entail the imposition of an administrative fine in the amount of seventy-five thousand to two hundred thousand rubles with or without confiscation of the instrument for committing an administrative offense, or administrative arrest for a term of up to fifteen days with or without confiscation of the instrument for committing an administrative offense.

Concept of illegal entry

According to the Law “On Departmental Protection”, legally protected objects include:

note

There are several ways of illegal entry - entry through a window, burglary and others. However, if the attackers entered the premises, taking advantage of the trust of the owners or by deception, there is no corpus delicti, because it is assumed that the invasion occurred with the consent of the owners.

structures and buildings;
water area;
transport and cargo;
cash and other material assets subject to protection.

Examples of protected objects include transport and hydraulic subway tunnels, power plants, chemical waste storage tanks, etc. The purpose of such objects makes them attractive for penetration, both for hooligan and criminal purposes, which, in turn, increases the risk of terrorist attacks.

Entry is considered illegal when the boundaries of the facility were crossed by persons who do not have the right to do so, or they did not have correctly executed documents. The access procedure depends on the status of the object.

Departmental security is a set of management bodies that were created by state executive authorities for the purpose of protecting objects.

The object can also be protected without the involvement of departmental security. Violation of the access control system at such a facility also provides for administrative liability.

Stop! 15 days

Both documents refer to offenses related to the unauthorized entry of unauthorized persons into protected facilities. Simply put, this is a law for diggers, thrill-seekers, just hooligans and anyone who considers breaking the rules a norm of life.

Among the authors of the documents are deputy of the “A Just Russia” faction, deputy chairman of the State Duma Committee on Security and Anti-Corruption Dmitry Gorovtsov and deputy of the same faction Tatyana Moskalkova.

In the explanatory note when the document was adopted, its authors stated that it was aimed “at strengthening responsibility for administrative offenses related to the unauthorized entry of unauthorized persons into protected facilities, including facilities that play an important role in the functioning of the life support systems of the population.”

Ensuring public safety requires, according to the authors of the law, the adoption of a set of measures aimed at strengthening the legal and physical security of strategically important infrastructure facilities and especially underground and underwater structures.

This refers to transport and hydraulic subway tunnels, underground power plants, water and waste storage tanks. And also underwater passages, parts of hydraulic structures, military facilities, etc. The list goes on for a long time.

The architectural features, strategic and social value of these objects, as deputies emphasize, make them attractive for unauthorized entry, which, in turn, seriously increases the risk of committing terrorist acts and other crimes against public order and security.

Today, according to legislators, this is punishable by a minor administrative fine in the amount of three hundred to five hundred rubles (Article 20.17 of the Code of Administrative Offenses of the Russian Federation). Purely symbolic punishment turned out to be a powerful incentive for the spread of digging and similar forms of illegal entry into protected underground and underwater structures.

Legislators differentiated liability for violation of access control depending on the nature of the protected object. They considered it important to provide for unauthorized entry into underground or underwater structures of protected objects as a qualified offense.

Now the fine for trespassing will increase significantly, with the simultaneous confiscation of the instrument used to commit the offense, including photographic and video equipment.

For prohibited entry into an underground or underwater protected facility, if this action does not contain signs of a criminal offense, it is proposed to be fined in the amount of 75 to 200 thousand rubles with confiscation of the weapon used to commit the offense. In the worst case, breaking into a restricted area is subject to arrest for up to 15 days.

The Rossiyskaya Gazeta correspondent's interlocutors in law enforcement and intelligence agencies explained that the proposed arrest period only seems mild. In fact, it is only, so to speak, an addition to a whole “bouquet” of other criminal articles. For example, dissemination of information containing state secrets, resisting arrest, theft or damage to property.

Responsibility for illegal entry into a protected facility in accordance with Art. 20.17 Code of Administrative Offenses of the Russian Federation

The object of the crime under Article 20.17 is public safety. The subject of the offense is competent citizens.

For unauthorized entry into a protected facility, the culprit faces:

an administrative fine in the amount of 3,000 to 5,000 rubles with confiscation of the weapon that was used during the penetration, as well as audio and video equipment;
a fine of the same size, but without confiscation of the weapon.

If the penetration was carried out into an underground or underwater structure, the protection of which is carried out by departmental or state security (the exception is offenses that do not have signs of a criminal offense):

an administrative fine in the amount of 5,000 to 200,000 rubles with confiscation of items that were used, as well as audio and video equipment;
a fine of the same size, but without confiscation;
administrative arrest, the period of which cannot exceed 15 days with or without confiscation of the intrusion weapon.

Cases of such offenses are submitted for consideration to the heads of territorial departments of internal affairs, territorial police departments and heads of line departments.

Case study . Citizen Petrov A.M. On May 30, 2015, while at a metro station, he entered a room to which only employees were allowed access. At the same time, he was videotaping the room. Petrov did not respond to calls from staff to leave the premises. He left the premises only after the arrival of a line police officer. Petrov was punished with a fine of 5,000 rubles. The video camera was also seized.

Commentary to Art. 215.4 of the Criminal Code

1. The objective side is characterized by illegal entry into a protected underground or underwater facility. Only underground or underwater objects defined in accordance with Art. 1 of the Federal Law of May 27, 1996 N 57-FZ “On State Security” and Art. 8 of the Federal Law of April 14, 1999 N 77-FZ “On Departmental Security”. Moreover, if the corresponding object has a protected adjacent above-ground territory or water surface, where an access control regime is in effect, then illegal entry into this territory or surface is also considered a criminal offense. However, entry into the area of a protected facility, provided that a special access regime is not established there, is not in itself considered a criminal offense. Methods of penetration (deception, violence, etc.) do not matter.

The crime is considered completed from the moment of penetration, i.e. entering a space on the territory (water area) of which a special access regime (access regime) applies.

2. The condition for punishability is the previous bringing of a person to administrative responsibility under Part 2 of Art. 20.17 Code of Administrative Offenses of the Russian Federation. A person is considered subject to administrative punishment before the expiration of the one-year period established by Art. 4.6 Code of Administrative Offenses of the Russian Federation.

3. Qualified personnel, among other things, occurs if the penetration was associated with the deliberate creation of a threat of dissemination of information constituting a state secret (clause “b”, part 2). The creation of a threat to the dissemination of information constituting a state secret occurs when the protected facility contains documents, materials, structures, etc., information about which constitutes a state secret, and the intruders have a real opportunity to inspect, photograph, test and perform other actions in relation to the specified items.

Features of home penetration

Decree of the Government of the Russian Federation dated August 25, 2021 N 1407 “On amendments to the Decree of the Government of the Russian Federation dated December 31, 2021.

Qualification of theft with illegal entry into a home, premises or other storage: the position of the courts.

A difficult question is whether a structure that is primarily intended for certain purposes, not related to the storage of property, but is also inherently used for storage, belongs to another storage facility. We are talking, for example, about payment terminals designed for withdrawing cash and paying for various services, including Internet services, mobile and other communications. The importance of securing the qualifying characteristic under consideration is associated, first of all, with the relative prevalence of robberies involving penetration into a home, premises or other storage facility and the absence of tangible favorable trends in the dynamics of the crimes under consideration.

Basic Concepts

First, let's look at such offenses as violating the access control of a protected facility, or simply illegal entry. The official document regulating departmental and special state protection lists several objects that, according to the legislative act, are classified as legally protected:

building;
various structures;
port waters;
cargo and vehicles;
cash;
other material assets that are subject to mandatory protection.

The existence of an article on liability for illegal entry is beyond doubt. The fear of being punished for hooliganism, or the intention to commit a more serious crime, stops potential violators. Objects, zones and points subject to mandatory protection may include:

transport tunnels;
metro lines;
hydraulic structures;
power plants;
hydroelectric power stations;
storage facilities for chemical and other hazardous waste;
water area of the seaport, etc.

The functions and purpose of these secure facilities make them potentially more attractive to criminals. Moreover, they try to deceive the checkpoint more often for hooligan purposes than for criminal ones. Although the second option should not be excluded categorically. Attempts to penetrate protected facilities by criminals pursuing specific goals increase the risks of a potential terrorist threat. Therefore, the task of security is the effective and reliable protection of the object from illegal attacks. In case of violation of the limited access regime, the articles provided for by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation may be applied to the offender.

But before turning to the articles of the Administrative and Criminal Codes in force on the territory of the Russian Federation, we will give some clarifications regarding illegal entry.

Entry is considered illegal when the boundaries of an object protected by the relevant structures are crossed by persons who do not have the appropriate clearance and permission. Or the documents they used to pass the checkpoint were not completed correctly.

The presence of a checkpoint is not mandatory for protected objects. The order of the established pass regime depends directly on the status and characteristics of each specific object. Often the so-called departmental security is responsible for security functions. This is a set of various governing official bodies that are created by government structures and function to ensure the protection of relevant zones, objects and points that need it. But objects, zones and points can also do without departmental security services. But even in case of violation of their regime of limited or closed access, the corresponding article of the Criminal Code of the Russian Federation, or the Code of Administrative Offenses of the Russian Federation, will be applied.

It is extremely important to note one feature. There are many ways of illegal entry. A person can find himself in a protected and closed facility by breaking through windows, breaking down doors, cutting off fences, etc. But if the intruder entered some premises or ended up at the facility, using the trust of the owners, as well as deceiving them, then there is no corpus delicti here. This is due to the fact that in such situations the invasion was carried out with the permission and consent of the owners.

Penetration into a protected area

On November 9, I was detained by police officers in a protected area on suspicion of trespassing and breaking into a protected area. I was taken to the police department, then taken to an office for interrogation. I said that I was just walking at night, because I couldn’t sleep, I saw an open gate, there were no indicators that the territory was guarded, I entered, began to walk, suddenly I saw a man with a big dog, he let it down on me and I ran from her. I saw a slightly open room and ran there from the dog. That man called the police and they took me away. The policeman began to insult me, said that I was lying and behaved aggressively towards me and demanded that I say that I had committed a crime, but I did not say that because it was not so. Then other policemen came in, he left me with them, they also interrogated and insulted me. This went on for about four hours. Then five people came into the office and one of them hit me in the face. They knocked me down and kicked me several times. I was in shock because of the attitude towards me and started running, ran out of the office and ran down the corridor. I was stopped in my office by police officers. They blocked my way and grabbed me. The policeman who first interrogated me came up to me, grabbed me by the collar and began to insult me. I pushed him hard and he fell. I wanted to run and waved it off, but they grabbed me, handcuffed me and put me in a cell. After which they called doctors from the psychological and neurological clinic. When the doctors arrived they explained that I was inadequate, threw myself at passers-by on the street, hit a policeman and bit me, which was not true. I told the doctors that the police were lying and they took illegal measures against me. But they didn’t listen to me, and brazenly tied my hands and put me in a car and took me to a psychological and neurological dispensary. I stayed there for a month and then I ran away.

Question.

I believe that a crime was committed against me by the police, that they beat me and sent me to a psychological and neurological clinic without trial or investigation. I want to write a statement so that measures can be taken against them and I will be compensated for moral and physical damage. But I am registered with a psychiatrist and I have a diagnosis. Mental retardation with emotional disorder. Therefore, I am not sure that if I accuse the police of illegal placement in a dispensary and they will be punished.

If I file a complaint, will action be taken against the police? And if during the inspection it turns out that I escaped, can I be sent back to the dispensary because of the escape?

Punishment under the article of the Criminal Code of the Russian Federation for illegal entry into a home

Let's take a situation - teenagers were caught after damaging property worth 2,000 rubles and taken to the police station?

Within the meaning of Article 139 of the Criminal Code of the Russian Federation, illegal entry into a home can take place without entering it, but with the use of technical or other means, when such means are used to violate the inviolability of the home (for example, to illegally install a listening device or video surveillance device).

Intrusion involves an action by a subject aimed at gaining access to stolen property at its location through the use of violence; the criminal commits a crime by overcoming barrier devices6. of the Criminal Code of the Russian Federation, if his intent was not aimed at the acquisition and (or) sale of precisely such means (for example, a person, through a publicly accessible Internet resource, acquired a special technical device advertised as a household device, being in good faith mistaken about its actual purpose).

In April of this year, in a garage cooperative guarded by guards, my garage was opened and valuables were stolen. Can I make a mat claim against GSK? According to one of the lawyers, in the ruling the Supreme Court made several important reminders regarding the application of substantive and procedural law on the collection of compensation for moral damage.

I am the culprit of an accident with an injured pedestrian, the insurance company demands that they reimburse the amount paid to the victim.

Part 2 and part 3 of Article 139 of the Criminal Code of the Russian Federation indicate qualified elements of this crime, for which stricter liability is provided. They highlight an additional object, which can be health, freedom and security of the individual.