Article 315 of the Criminal Code of the Russian Federation - a fair punishment for contempt of justice

A citizen who refuses to comply with a court decision will have to bear responsibility for this. And what if a representative of the government is doing such actions? It is these issues that affect article 315 of the Criminal Code of the Russian Federation.

Essence of the question

For any committed crime, the perpetrator must certainly be punished. This corresponds to the basic definition of justice, which states that there must be a certain retribution for each act. This is how the court deals with those who violate the basic norms of society. His decision he takes after a close examination of all the circumstances of the case. Therefore, the verdict is a well-deserved punishment for the committed offense. The court decision can be challenged, but if this did not happen, then it is mandatory for execution. True, there are citizens who do not agree with this. Ignoring the court decision, they commit unlawful actions, which are examined by Article 315 of the Criminal Code of the Russian Federation.

Having carefully studied its content, it can be concluded that these are not just ordinary citizens who do not want to be responsible for their actions. Everything is much more serious here. Article 315 of the Criminal Code refers to government officials. It can be officials, state or municipal employees, as well as employees of commercial or other organizations. Using their position, they ignore a legitimate decision, without thinking about the fact that they commit a new crime by their actions.

Details of the misconduct

Any sentence passed by a court must be executed within the specified time. The corresponding services are strictly monitored. In practice, they have to face different situations. For example, a citizen, who at one time committed an illegal act, was fined by a court decision. In this case, the relevant papers are sent to the place of work of the offender. But the leader instructs his subordinates not to take any action in this direction. As a result, the citizen manages to escape punishment. But after some time, the bailiffs' service forces this situation to come out, which gives them an excuse to conduct an appropriate check. During the inquiry, the person who in this case was the initiator of the concealment of documents is identified. The leader, who forced his subordinates to violate their official duties, will have to appear before the law himself. And the punishment will be determined by Article 315 of the Criminal Code of the Russian Federation. In accordance with the size of the fault, the court will decide exactly what it will be.

Punishment of the guilty

Hiding these or other facts, the official opposes himself to the law. This is absolutely unacceptable. Such actions must be strictly suppressed. Perhaps, therefore, for failure to execute verdicts, decisions or other judicial acts, the person who committed such an act is severely punished.

For obstruction of justice, he may be assigned:

• A fine in the amount of 200,000 rubles or in the amount of wages or other income for a period up to eighteen months;
• The deprivation of the right to engage in specific activities or to work in a certain position for five years;
• Compulsory work for 480 hours;
• Arrest for six months;
• Forced labor or imprisonment for two years.

The choice of punishment depends on how severe the act was. In addition, all objective and subjective circumstances and reasons that caused the perpetrator to commit his offense are taken into account. The deprivation of liberty is often applied by the court. It is believed that forced isolation for such violators is the only thing that can force them to change their attitude to this issue.

Features of the act

The main emphasis in this article is on the malignancy of the committed act. This is how the actions of violators are literally characterized by law. Article 315 of the Criminal Code of the Russian Federation, with comments, provides explanations on this issue. Why do the actions of negligent authorities be considered evil? The answer in this case arises by itself.

Failure to comply with the court decision in time diminishes its authority in the eyes of citizens. This makes people think that they are also allowed to behave in this way. Since those who represent power can afford such arbitrariness, it means that such actions are permissible for someone. If one person breaks the rules, why should the others comply with them? You can not leave such a crime without punishment. This can entail a whole wave of such violations. In addition, it is necessary to understand that the directive intent is the subjective side of such an action. That is, the citizen beforehand understands that he violates the law, and does it, no matter what. Such a disregard is already fundamentally vicious and must be punished with all severity.

Special cases

Sometimes there are cases when the actions appointed by the court against an individual are not carried out. People mistakenly believe that it is precisely this person that should be involved in this article. In this situation, it should be remembered that the responsibility for the execution of punishment rests with specific employees who must follow this. First of all, this is the bailiff service. They are obliged to fix the failure to execute the court verdict.

Inaction on their part in this matter will be a statement of guilt. After all, the bailiffs' duties initially include informing the perpetrator of information about the appointed punishment. If this does not happen, then suspicions of direct intent or complicity to the offender arise. Any of these reasons can not explain the possibility of committing wrongful acts. The guilt of the bailiff in this situation is beyond doubt. As a minister of law, he is obliged to contribute in every way to the punishment of violators, and not to interfere with it.