Almost everyone knows that taking someone else's bad. Parents tell their children about this at a very young age. For those who have not learned this science in time, there is a separate art. 175 of the Criminal Code.
Gravy
Many dream one day to wake up the richest man in the world. But not everyone is ready to commit a crime for this. Those for whom there are no elementary moral principles will have to be responsible sooner or later for their actions under Art. 175 of the Criminal Code.
In a situation where a person wants to sell a thing without having legal rights to it, he already commits an offense. Lawyers call this the sale of property that was obviously obtained by criminal means. In short, theft. For this he can be held accountable on the basis of Art. 175 of the Criminal Code. But what about the buyer who agreed to purchase the goods, knowing his criminal history? Of course, he is also guilty. Realizing that he was committing an illegal transaction, this wretched merchant decided to get profit for himself. It is clear that he will pay for this thing much lower than its real price. After all, the seller will want to do this quickly and without unnecessary questions. By his actions, he covers the thief and becomes his accomplice. The punishment of such an “entrepreneur” is also provided for by Art. 175 of the Criminal Code. As a result, both parties are found guilty and must answer before the law.
Circumstances of the case
For the application of this article, the most important feature must be present - the subject of this crime, which is the very property that they tried to sell. It can be anything except precious metals, hazardous materials, drugs and weapons. The Criminal Code provides for punishment for trade in these items under other articles. In this case, we are talking about a deal when one person obtained criminally some property and wants to sell it. The other, for his part, is ready to buy it, despite the fact that, in fact, it acquires the subject of a crime.
At the time of the conclusion of the contract, he does not even think about it. Perhaps both accomplices are even aware that there is such an art. 175 h. 1 of the Criminal Code, but the thirst for profit takes its toll and makes you take the wrong steps. There are situations that previously stolen things are donated to someone or act as a payment of debt. From this they do not lose their essence. An exception may be the fact when the items are given for a while subject to a mandatory return. Here the fact of permanent possession is already absent, which completely changes the whole picture.
Fair retaliation
The final result in any case is a sentence. Art. 175 of the Criminal Code provides for the following violations of the following types of punishments :
- As regards Part 1, concerning property, on which there was no preliminary agreement, the guilty may receive: a fine of 40,000 rubles. up to all types of income in three months, 480 hours of compulsory, up to two years of corrective labor and up to three years of forced labor, and also lose freedom for three years.
- Part 2 deals with cases when a group of people acts according to a previously planned plan (conspiracy). In addition, the subject of the crime is oil (or its refined products), cars or other expensive items. Here the punishment is more severe. In addition to limited freedom for 3 years, you can get six months of arrest, 5 years of forced labor, a substantial fine - from 80 000 rubles. and up to six months of income.
- Part 3 applies in cases where all the previously described actions were carried out by an organized group or they were led by a person who used his official position for this. Here, already the period of forced labor can reach five years with the possibility of partial imprisonment. A fine similar to that described in part 2 is also possible, with the exception of a possible additional two-year restriction of freedom.
Some consider any of these punishments too lenient, but the law should always be humane and not allow unjustified cruelty.