The Criminal Code of Russia stipulates responsibility for the creation of criminal communities (organizations) for the commission of unlawful acts (one or several) of a grave or especially grave degree. It is regulated by Art. 210 of the Criminal Code. Consider this norm in more detail.
The total corpus delicti
In addition to the above acts, Art. 210 h. 1 of the Criminal Code of the Russian Federation formulates the punishment for the management of criminal associations or structural divisions included in them. The coordination of unlawful actions, the formation of stable relations between different independently functioning organized groups is qualified as an illegal act. The corpus delicti under Art. 210 of the Criminal Code of the Russian Federation includes the creation of conditions and the development of plans for the commission of unlawful acts by such associations. Responsibility for the article under consideration occurs in the case of separation of spheres of influence and illegal income between groups committed by the subject with the help of his influence on the participants. The legislation also joins these acts in a meeting of leaders, organizers and other representatives of organized associations for conducting criminal activities.
Sentence of Art. 210 of the Criminal Code
The above illegal actions are punishable by imprisonment for 12-20 years. In addition, the court may impose a fine on the convicted person. Its value is up to 1 million rubles. or equal to the amount of the guilty salary / income for a period of up to five years. To the main punishment in the first part of Art. 210 of the Criminal Code provides for the restriction of freedom of the subject for 1-2 years.
Qualifying signs
In Art. 210 h. 2 of the Criminal Code of the Russian Federation recorded liability directly for participation in a criminal organization (community). The guilty person will be punished with imprisonment for 5-10 years. This sanction is additionally supplemented by a restriction on the freedom of a person up to a year. The court may also charge the entity with a fine of up to 500 thousand rubles. or in the amount of income (salary) for a period of up to 3 years. The acts that are provided for in the second and first parts of Art. 210 of the Criminal Code of the Russian Federation, committed by the guilty while using his official position, shall be punished by imprisonment for 15-20 years with restriction of his freedom for 1-2 years. Additionally, the court may order a fine of 1 million rubles. or in the amount of salary (income) for a period of up to 5 years. The acts specified in the first part when committed by a person who occupies the highest position in the criminal hierarchy, shall be punished by imprisonment of 15-20 years or life imprisonment.
Note
An entity may voluntarily terminate its participation in a criminal association or in a structural unit that is part of such an organization, a meeting of its leaders (leaders), organizers, or other representatives. With his active assistance in the disclosure or suppression of unlawful acts committed by these groups, he is freed from prosecution under the Criminal Code. At the same time, his conduct should not contain a different corpus delicti.
Art. 210 of the Criminal Code with comments on the objective part
This side of the crime is expressed in:
- The creation of a criminal association (organization) for the joint commission by members of one or more illegal acts of a grave and especially grave nature.
- The management of such an association or a structural unit included in it.
- Coordination of criminal activity.
- Directly participating in the community.
- The formation of stable relations between different, separately functioning organizations, the division of spheres of influence or income obtained by unlawful means.
- Participation in meetings of management or organizers, as well as other representatives of criminal associations.
Composition feature
The specificity of this crime is that the onset of criminal liability is provided directly for the fact of the formation of a criminal organization (community, association) or participation in it. It does not matter if any illegal acts were committed or not. The concept of "criminal community" is explained by the Plenum of the Armed Forces in the Decree No. 12. This act indicates its characteristics and signs of elements of the composition.
Distinctive features of the union
A criminal organization of this type has a more complex internal structure. The community differs from other organized groups by the presence of a goal to commit illegal acts of a certain degree of severity in order to obtain subsequently direct or indirect material, including financial, benefits. In addition, the existence of the possibility of combining 2 or more groups with similar goals is one of the essential features of this association.
Benefits
As mentioned above, it can be indirect or direct. In the latter case, it refers to the commission of crimes in which direct unlawful circulation of money and other property of other persons is made in favor of members of the association. Indirect receipt of material benefits is carried out by acts in the course of which there is no direct encroachment on objects belonging to other entities. But at the same time, crimes determine the further acquisition of financial assets or property rights, as well as other benefits, not only by the members of the organization themselves, but also by other citizens.
Signs of association
The first is community organization. It involves a fairly clear distribution between partners of the respective functions, careful planning of activities, ensuring the security of the organization, the formation of relations with corrupt officials and so on. Another sign is structuredness. It characterizes the internal structure, the presence of the governing apparatus, the hierarchy of groups and units, specialization in illegal acts, as well as the formulated rules of conduct and relationships of participants, their discipline, and so on. In addition, the criminal community is distinguished by the existence of a special purpose of creation - the commission of acts of a certain severity to obtain benefits.