Art.290 of the Criminal Code. Taking a bribe. Last edited with comments
In the domestic legislation, there is a fixed norm according to which the penalties for taking a bribe are determined, - art. 290 of the Criminal Code. The article defines the main and qualifying compositions. Consider further Art. 290 of the Criminal Code.
As the review of legal documents shows, the changes in Art. 290 of the Criminal Code of the Russian Federation 2016 is missing. Currently, the overall composition of the action is formulated as follows. Accepting employees, including foreign ones, personally or with the help of a third-party citizen of a bribe presented in the form of securities, money, other property, provision of services, rights to commit acts / inactions in the interests of the giver or the subjects on whose behalf he acts, is punished:
- A fine of 1 million rubles or the income of the perpetrator for 2 years, or in the amount of 10-50 times more than a bribe, or 5 years of forced labor with the prohibition to carry out activities or stay in the positions indicated by the judge, up to 3 years.
- Imprisonment up to three years.In addition, the guilty party may be charged a fine of between 10 and 20 times the amount transferred to him.
Punishment for accepting a bribe Art. 290 of the Criminal Code of the Russian Federation allows if actions / inactions that must be committed for illegal remuneration fall within the competence of the perpetrator, or because of his official status, he can contribute to them. Responsibility also arises if material values, services or rights are granted for conniving or general patronage.
If an employee, a foreign one, as well as an employee of an international public-type organization, accepted the material values, services, rights, the amount of which is more than 25 thousand rubles, the sentence under art. 290 of the Criminal Code is tightening. Guilty threatens:
- Fine. Its value may exceed the amount transferred by 30-60 times. In addition, the convict is prohibited to carry out the activities of certain types and to remain in positions indicated by the court for up to 3 years.
- Imprisonment up to 6 years with the recovery of the amount, 30 times the amount transferred.
Reward for illegal actions / inaction
Guilty of accepting a bribe for improper behavioral acts are punished:
- A fine of 40-70 times more than remuneration, with a ban on the implementation of certain types of activities or stay at the posts determined by the judge for 3 years.
- Imprisonment for 3-7 years. Also charged in the amount greater than the remuneration of 40 times.
Responsibility of civil servants
For the acts provided for in parts 1-3 of art. 290 of the Criminal Code of the Russian Federation, committed by a subject in a state post at the federal / regional level, as well as at the head of a municipality, is established:
- Penalty, 60-80 times the amount of remuneration. Additionally, the subject is deprived of the opportunity to carry out activities of certain species or to remain at some posts for 3 years.
- Imprisonment for 5-10 years. A penalty is also imposed, 50 times the bribe.
Acts, the punishment for which is set in 1, 3 and 4 parts of Art. 290 of the Criminal Code, can be committed:
- pre-conspired citizens or individuals in an organized group;
- with extortion;
- on a large scale.
In these cases, imputed:
- A fine that is 70-90 times higher than an illegal reward, with prohibitions specified in other parts of the rule.
- Imprisonment for 7-12 years.A fine is also imposed, the amount of which is 60 times the amount of a bribe, and it is also prohibited to carry out activities of certain types and stay at the posts indicated by the judge for up to 3 years.
These types of punishment establishes paragraph 5 of Art. 290 of the Criminal Code. When crimes, the sanctions for which are established in Part 1, 3, 4, as well as paragraphs a) and b) of Part Five, are committed in an amount that will be considered particularly large, the guilty party faces:
- A fine in excess of the amount of remuneration 80-100 times. Additionally, there is a prohibition on conducting certain activities or staying in positions indicated by the court for 3 years.
- Imprisonment for 8-15 years. A fine is also imposed in an amount 70 times the bribe.
These penalties are established by Part 6 of Art. 290 of the Criminal Code.
A large amount (part five) is considered the amount of money, the cost of material values, property rights, services exceeding 150,000 rubles, especially large (part 6 of article 290 of the Criminal Code of the Russian Federation) - 1 million rubles. In the capacity of a foreign servant is any elected or appointed entity holding any position in the executive, representative, judicial, administrative body of a foreign state.They also recognize any citizen who performs a public function, including for an enterprise or department. The official from an international organization is a civil servant, as well as any entity authorized to represent its interests.
Art. 290 of the Criminal Code with comments
The crime considered in the norm is considered one of the most dangerous attacks on service interests. The subject is cash, material values, including those withdrawn from circulation. The latter, in particular, include narcotic substances, ammunition, psychotropic compounds, weapons, etc. The subject of the crime is also services that have a property character. This may be the repair of the premises, the construction of summer cottages The subject includes property rights. This may be economic management, use of things, servitude, operational management, and so on. Since the changes in art. 290 of the Criminal Code of the Russian Federation of 2016 is not available, the definition of the subject of a crime should be guided by clause 9 of the plenary Resolution of the Supreme Court of 10 February. 2000. It gives quite a detailed definition.
In particular, in paragraph9 it is indicated that, in the sense of the law, the subject of the crime, along with cash, securities, other property, should include services (benefits) of a real nature, which are payable but are provided free of charge. For example, it may be the allocation of travel vouchers, the construction of a house, etc. The benefits of a property nature can be considered a decrease in the cost of material assets provided, the object being privatized, a decrease in rent, the interest rate for using the loan. These services in the sentence should be assessed in monetary terms. Do not attribute to the subject of crime the benefits of a non-material nature, which do not entail benefits for the perpetrators. For example, issuing positive reviews of work, providing the opportunity to buy rare goods.
This side of the act is expressed in receiving a bribe with the help of an intermediary or an employee personally. In the first part of the norm, several variants of the behavior of the perpetrator are defined, for which he accepts an illegal reward:
- Committing in favor of the giver (those whose interests he represents) of the action / inaction that is within the competence of the subject.
- General patronage.
- Actions / inactions that are not included in the powers of the perpetrator, but which he can contribute to, having the appropriate status.
- General connivance.
It should be said that directly the actions / inactions that are committed in favor of giving the illegal remuneration are not covered by the considered norm. In this regard, their implementation requires additional qualification.
The official position that contributes to the implementation of actions by other employees is the significance and authority of the position held, the presence of other employees in subordination. At the same time, if a subject uses exclusively personal connections and relations that are not related to his service, then his actions cannot be covered by the article in question. General patronage presupposes the unjustified formation of various favorable conditions for the person providing illegal remuneration or for those whose interests he represents. This may be an extraordinary increase without any preconditions to that, undeserved encouragement and other actions not caused by business need.Connivance is considered as the failure to take appropriate measures for violations or omissions committed by the bribe-giver or by the persons represented by them, failure to respond to unlawful conduct. With the connivance and patronage of the specific behavioral acts of the perpetrator may not be stipulated. However, they are in any case assumed.
The time of transfer of benefits does not affect the availability of the composition and qualifications. In practice, two types of bribery are distinguished: bribery and “gratitude”. The latter takes place when the transfer of the object is already carried out for the committed actions / inaction in the absence of a preliminary agreement. In this case, it is necessary to differentiate such "gratitude" and the usual gift. According to art. 575 GK allowed donation to municipal and civil servants of things, the cost of which is not more than 3 thousand rubles.
But it should be borne in mind that this provision does not apply to criminal law. In Art. 575 we are talking about a gift that does not imply a counter-transfer or an obligation on the part of the recipient. In the presence of a crime, under Art. 290 of the Criminal Code, the responsibility will come regardless of the amount of remuneration.Bribery determines the necessary behavior of an employee in the interests of the giver. In this situation, there is a preliminary agreement between the individuals.
Convicted under Art. 290 of the Criminal Code always act with direct intent. It includes the understanding that the subject of the crime is transferred for the execution or non-execution of actions related to the application of official position in favor of the giver or in the interests of the persons he represents. Accordingly, the adoption of material values allegedly for the implementation of procedures that are not part of his authority, or because of the inability to use his official status, qualifies as fraud. In this case, there should be intent to purchase this property. The owner of valuables is involved in this case under articles 291 and 30 for attempting to give an illegal reward, if, during a transfer, he was pursuing the goal of committing an action desired by him.
The motive for the crime is greed. If an employee accepts remuneration in order to subsequently convert him to the benefit of the municipal (state) body or institution in which he occupies the relevant position,spend on the satisfaction of public or state needs, the composition of the act is missing. A citizen cannot be held responsible for this article unless the fact of personal self-interest is proven. The justification for the sane acts lies on the prosecutor.
The subject of the crime in question is special. He is an employee, foreign including the person occupying a post in an international public organization. Some authors have noted that, in recent times, crime statistics at the considered rate has become frightening. Experts do not exclude that Art. 290 of the Criminal Code of the Russian Federation in a new edition.