The Criminal Code contains an article providing for sanctions for illegal actions in respect of material assets, to which security measures are applied. This, in particular, is about concealment, embezzlement, alienation. Responsibility is established for illegal transactions with money on the "frozen" to ensure deposits. The indicated signs of a crime are covered by Art. 312 of the Criminal Code in the first part. The second part sets forth the responsibility for the appropriation / concealment of values that must be confiscated in accordance with the decision of the authorized instance.
Punishment
In the first part of the article, for the encroachment on the seized property or valuables subjected to inventory (including cash) is assigned:
- Fine. Its amount is up to 80 thousand rubles. or equal to the income (salary) of the guilty entity for six months.
- Mandatory work (up to 480 hours).
- Arrest up to 6 months.
- Up to two years of forced labor.
- Imprisonment up to 2 years.
For the appropriation / concealment of values that must be confiscated by a court verdict, as well as evasion of the implementation of a decision that has entered into force on the implementation of compulsory seizure, shall be appointed:
- 100-150 thousand rubles. a fine. Its size may also be equal to the income of the perpetrator for 1-3 g.
- Up to three years of forced labor.
- Up to 3 years in prison.
In the latter case, Art. 312 of the Criminal Code allows an additional penalty. The size of the payment is up to 80 thousand or equal to the income for six months.
Art. 312 of the Criminal Code: comment
As an object of the crime in question are public relations. Within their framework, the enforcement of decisions on the seizure or inventory of material values is ensured. The object is relations related to securing a lawsuit filed in civil proceedings, and confiscation of things. Crime subject - seized property or valuables subjected to inventory. Things subject to compulsory seizure also fall under Art. 312 of the Criminal Code. Judicial practice allows the adoption of a decision on the application of these measures in relation to material assets at different stages of the process. This takes place, for example, not only after the approval of the relevant act satisfying the requirements stated in the civil lawsuit or on the implementation of confiscation. Such a decision may be taken up to this point in order to provide a decision that can be adopted subsequently, which include acts under the norms of 104.1 of the Criminal Code, 115 of the Criminal Procedure Code, 140 and 139 of the Civil Procedure Code. As the subject of the crime referred to in Article. 312 of the Criminal Code, can not act objects in respect of which security measures are not applied (personal items, for example).
Objective part
It manifests itself in active behavior. The criminal acts are:
- Embezzlement.
- Concealment.
- Alienation.
- Illegal transfer.
- Performing banking procedures with "frozen" money in the account.
- Assignment.
- Evasion of the implementation of a court judgment that has entered into force.
Crime elements are presented as formal. Art. 312 of the Criminal Code does not formulate as a mandatory feature the existence of material damage resulting from unlawful behavioral acts. In this regard, the crime is recognized to have been completed since the implementation of the above acts. At the same time, based on the fact that under Article 160 of the Code, embezzlement and misappropriation should be considered forms of theft of values, that is, unlawful behavior involving material composition, such actions within the framework of the rule in question should be considered completed only if the corresponding damage occurs.
Clarification of concepts
Behavioral acts falling under Art. 312 of the Criminal Code, are:
- Alienation - the transfer of things to third parties for use through sale, gift or exchange.
- To waste - the expenditure of material assets that have been transferred to storage.
- Concealment is the concealment of things that a subject has from the bodies that implement decisions.
- Illegal transfer that does not involve formal alienation (issuance of power of attorney for transport, renting out).
- Assignment - illegal circulation of material assets for personal benefit.
- Carrying out banking operations with funds - illegal transfer of money from one account to another, issuing a deposit to the owner.
Subject
As a guilty party (suspect, accused), a person over the age of 16 may be involved in whom material assets are entrusted against receipt. The subject can be an employee of a financial organization, an official who is charged with a judicial decision to carry out forced seizure of things. Assignment - transfer for storage - means that the person who receives the objects, along with this, receives the appropriate authority. They involve ownership and preservation of things. The person is also liable for maintaining items in good condition. At the request of authorized employees / bodies, the responsible person must issue the values transferred to him earlier. Under certain conditions, the law allows the use of things. However, their alienation, destruction or damage is not permitted. The property may be transferred for storage to the owner / owner, local administrative bodies, housing and communal services, specialized, including commercial, institutions. A receipt is taken from the responsible person accepting the things.
Subjective part
Crimes under Art. 312 of the Criminal Code are distinguished by the presence of direct intent. The guilty citizen understands that there are decisions taken by the authorized authorities. He realizes that these judicial acts involve an inventory, seizure, forced seizure of material assets. The guilty person also understands the fact that he is responsible for ensuring the safety of the things transferred to him. He realizes the unlawful nature of the actions that he himself performs in relation to the values entrusted to him. Understanding these factors, the subject wishes to commit an illegal act and allow negative consequences in the future. When considering the circumstances, crimes are not taken into account and the motives and goals of the culprit are not significant. To be held accountable it is necessary to establish the fact of illegal behavioral acts, as a result of which there has been a change in the composition of values, their quality, etc.