Art. 312 of the Criminal Code. Illegal actions in respect of property subject to inventory or seizure or subject to confiscation

The Criminal Code contains an article that provides for sanctions for unlawful acts against material assets, to which security measures are applied. In particular, it is about concealment, embezzlement, alienation. Responsibility is also established for improper operations with money on "frozen" funds to secure deposits. The specified signs of the crime are covered by Art. 312 of the Criminal Code of the Russian Federation in part one. The second part formulates the responsibility for assigning / concealing values that must be confiscated in accordance with the decision of the authorized body.

Punishment

In the first part of the article for the encroachment on the arrested property or the values subjected to inventory (including money) is assigned:

1. Fine. Its amount is up to 80 thousand rubles. Or equal to the income (s / n) of the guilty subject for six months.
2. Mandatory work (up to 480 hours).
3. Arrest up to 6 months.
4. Up to two years of forced labor.
5. Conclusion in prison up to 2 years.

For assigning / concealing values that must be confiscated by a court verdict, as well as evasion of the implementation of the decision that came into force on the implementation of compulsory withdrawal, is appointed:

1. 100-150 thousand rubles. Fine. Its size can also be equal to the income of the perpetrator for 1-3 g.
2. Up to three years of forced labor.
3. Up to 3 years in prison.

In the latter case, Art. 312 of the Criminal Code allows additionally to impose a penalty. The amount of payment - up to 80 thousand or equal to the income for six months.

Art. 312 of the Criminal Code: comment

Public relations are the object of the crime in question. In their framework, enforcement of decisions on the imposition of seizure or inventory of material assets is ensured. The object is also the relations concerning the security of the claim, filed in the order of civil proceedings, and the confiscation of things. The subject of the crime is the arrested property or the valuables subjected to inventory. Items subject to compulsory seizure also fall under Art. 312 of the Criminal Code. Judicial practice allows a decision on the application of these measures in relation to material values at different stages of the process. This is the case, for example, not only after the approval of a relevant act that satisfies the requirements claimed in a civil action or on the implementation of confiscation. Such a decision can be adopted up to this moment with the aim of securing a decision that can be taken subsequently, among which are the acts on the norms of 104.1 criminal, 115 criminal procedure, 140 and 139 of the Civil Procedure Code. As the subject matter of the crime specified in Art. 312 of the Criminal Code of the Russian Federation, objects that are not subject to security measures (personal items, for example) can not act.

The objective part

It manifests itself in active behavior. The criminal actions are:

1. Embezzlement.
2. Concealment.
3. Alienation.
4. Illegal transmission.
5. Execution of banking procedures with "frozen" money on the account.
6. Assignment.
7. Evasion of the implementation of the court verdict, which entered into force.

Compositions of crimes are presented as formal. Art. 312 of the Criminal Code does not formulate as a mandatory feature the existence of material damage arising from improper behavioral acts. In this regard, the crime is recognized as completed after the above acts are committed. 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 valuables, that is, misconduct involving material composition, such actions within the framework of the norm in question should be considered completed only in case of corresponding damage.

Clarification of concepts

Behavioral acts falling under Art. 312 of the Criminal Code of the Russian Federation, are:

1. Alienation - the transfer of things to third parties for use through sale, gift or exchange.
2. Waste - the expenditure of material values, which were transferred to storage.
3. Concealment - concealment of things available to the subject, from the bodies implementing the implementation of decisions.
4. Illegal transfer, which does not involve formal alienation (issue of power of attorney for transport, leasing).
5. Assignment - illegal circulation of material values for personal gain.
6. Carrying out of bank operations with means - illegal transfer of money from the account to the account, issue to the owner of the deposit.

Subject

As a guilty person (suspect, accused), a person of the age of 16 may be involved, who is entrusted with material values against receipt. The subject may be an employee of a financial organization, an official who is under an obligation to make a compulsory confiscation of a thing. Assignment - transfer for saving - means that the person receiving the objects receives, along with this, the appropriate authority. They assume possession and security of things. On the person is imposed also the responsibility for maintenance of subjects in a proper 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 allowed. The property may be transferred for storage to the owner / owner, local administrative authorities, housing and communal services structures, specialized institutions, including commercial ones. A receipt is taken from the responsible person who takes the things.

The subjective part

Crimes under art. 312 of the Criminal Code differ in the presence of direct intent. The guilty citizen understands that there are decisions taken by the authorized bodies. He realizes that these judicial acts presuppose an inventory, the imposition of arrest, the forcible withdrawal of material values. The perpetrator also understands the fact that he is responsible for ensuring the safety of the things handed over to him. He realizes the illegitimate nature of the actions that he himself does in relation to the values entrusted to him. Under these factors, the entity wishes to commit an unlawful act and allow negative consequences in the future. When considering the circumstances of a crime, the motives and goals of the perpetrator are not taken into account and do not have a significant meaning. To bring to justice it is necessary to establish the very fact of illegal behavioral acts, as a result of which there has been a change in the composition of values, their quality,