Open AccessResponsibility for crimes under the articles 210 and 210.1 of the Criminal Code of the Russian Federation
Author(s) -
Михаил Сергеевич Кармановский,
Mikhail Karmanovsky,
Елена Косьяненко,
E. V. Kos’yanenko
Publication year - 2019
Publication title -
vestnik sankt-peterburgskogo universiteta mvd rossii
Language(s) - English
Resource type - Journals
eISSN - 2949-1150
pISSN - 2071-8284
DOI - 10.35750/2071-8284-2019-2-147-152
Subject(s) - criminal code , criminal law , hierarchy , russian federation , law , punishment (psychology) , position (finance) , political science , criminal procedure , theory of criminal justice , criminology , criminal justice , sociology , psychology , business , social psychology , finance , regional science
Article is devoted to the changes made to the Criminal Code of the Russian Federation by the Federal law of the Russian Federation of April 1, 2019 № 46-FZ on toughening of punishment for establishing a criminal organization or participation in it. Innovations concerned all parts of article 210, in particular criminal liability amplified (generally a penalty) and part 11 of article 210 appeared. Besides, the law entered new article 210.1 of the «Occupation of the highest situation in criminal hierarchy». Having analyzed statistics, only one fact of involvement of such person to criminal liability for establishing a criminal organization is elicited. Him was «thief in law» who carried out organizational and administrative functions concerning criminal community and its participants. One example of judicial practice by part 4 of article 210 of the Criminal Code of the Russian Federation «the person taking the highest position in criminal hierarchy», proves existence of difficulties at procedural proof. However these problems will not arise in the situation provided by article 210.1 as to prove that such person makes act it is not necessary. There is enough of fact that this person holds the highest position in criminal hierarchy. Meanwhile, noted edition of the law contradicts the theory of criminal law, regarding criminal prosecution only for criminal action.