Art. 200 of the Criminal Code - a norm that has long ceased to be in force. It had many revisions and amendments, but it was abolished in the current law. But, despite this fact, the article is of great importance and had it at the time when it was relevant, since it touches on a very important issue, namely, consumer fraud.
The objective side as an element of crime
Since the article in question has long lost its force, and it happened back in 2003, find Art. 200 of the Criminal Code with comments that would be relatively relevant is rather difficult. This is important because it is they that help to consider everything in more detail. However, it is still possible to determine the composition if you pay attention to the latest version of this norm.
So, it is appropriate to start from the objective side, that is, the external manifestation of the crime. As article 200 of the Criminal Code of the Russian Federation says, consumer fraud is expressed in several actions: to measure, weigh on or shorten, that is, actions that are manifested in any fraud associated with this type of relationship. Such methods are possible both alternatively and can occur simultaneously.
The composition of this crime is considered material, as it is completed from the moment of the consequences. In addition, optional features are considered important, namely one of them - the place of the act. It should always be an organization, a store offering goods and concluding a public contract. It is also important that the deception should be carried out in a significant amount, namely - exceed one tenth of the minimum wage.
An object
Lost Art. 200 of the Criminal Code of the Russian Federation belonged to the sphere of public relations related to economic interests. Accordingly, it was they who were the direct object in this act. In addition, relations that affect the property interests of just people who are considered consumers can be added to it.
In this crime, an optional sign again pops up, only now an object. This is the subject, that is, the property on which the encroachment is carried out. In a particular situation, these are material goods that are goods and are expressed either in money or in certain things and products that have a specific state or other price.
Subject of crime
The law throughout its entire existence provided for general criteria for determining the subject of an act. This is a physical person who has reached the required specific age. In this case, the rules remain unchanged, at least Art. 200 of the Criminal Code of the Russian Federation lost its power for a long time.
You might think that the subject here can only be the store itself or another organization, which is against the rules. A legal entity, as you know, is not held liable under the criminal law, and the considered, no longer valid norm suggests that the subject will always be special in this crime.
What does this mean? A similar type of subject indicates that no one else can bear responsibility for the act in question and be suspected in the case, except for a specific person. So, in the case of Art. 200 of the Criminal Code of the Russian Federation, only a permanent or possibly temporary worker of a store or other organization selling goods will be guilty. Other persons, respectively, will not be the subjects of a crime.
Subjective side
As with the subject, the issue of guilt remains unchanged throughout the entire period of the 1996 existence of the Criminal Code. Its two forms have not undergone changes, that is, intent and negligence were, are and always will be, as mandatory signs of corpus delicti, without which there will be no reason to be held accountable.
Consumer fraud is carried out according to the comments on the article exclusively with direct intent. That is, if a citizen was misled by negligence, due to inattention, negligence, then the composition of such actions will not be observed. This is an important point for the indictment and, in principle, the establishment of truth, although now this norm does not apply.
Qualifying signs. Penalties
Art. 200 of the Criminal Code of the Russian Federation establishes several aggravating circumstances, which are recorded in its second part. These should include, firstly, the commission of an act by a person who was previously convicted under this article, and secondly, by an unchanged group of persons. And thirdly, when the deception is carried out on a large scale, which should be at least one minimum wage according to the note.
The second important aspect of this article is punishment. Sanctions include fines, correctional labor, and imprisonment. Perhaps even a ban on the implementation of any activity. The most severe punishment is established by part two of Art. 200 of the Criminal Code of the Russian Federation - two years of imprisonment in conjunction with the lack of the right to engage in any activity for three years.