More and more in the modern world, citizens who do not have a legal education and do not work in this field are getting acquainted with the norms of the law. At the same time, industries are completely different. Criminal law is one of the most popular and interesting sections. In this article we will consider in more detail the corpus delicti under art. 186 of the Criminal Code. The norm establishes liability for the production and storage of fake money or documents having a nominal value, as well as for their transportation and marketing.
General characteristics of the crime under 186 Art. UK
Russian law makes it a crime to make counterfeit tickets of the Central Bank of Russia, coins of metal, securities and other currencies. At the same time, it does not matter what the currency is - the ruble, the dollar, the euro, or some other. Part 1 of the article lists the types of securities and cash. In addition to manufacturing, storage, transfer or use of papers is considered criminal. In order to explain in detail the concept of each document, the legislator proposes to refer to the industry legislation, in which definitions are given.
The corpus delicti, which is described in Art. 186 of the Criminal Code, is qualified, that is, in addition to one general corpus delicti , qualifying signs are added. We will talk about them further.
Object and subject of crime
The composition of Art. 186 of the Criminal Code of the Russian Federation , it would be most appropriate to start considering from the object and subject of the crime. The offender, committing an act, primarily infringes on social relations in the credit sphere and in the field of money circulation in Russia.
The subjects are the types of securities and money listed above. In this paragraph we make a note that is not the subject of this crime. These are the objects of the material world that have gone out of circulation — Soviet money, documents canceled by reforms. The papers that collectors have (in a museum, elsewhere) as part of the collection are the subject of another crime - fraud, as well as making a fake lottery ticket.
Objective side
In the norm of the law under Art. 186 of the Criminal Code provides for several actions on the objective side:
- Production - it means the creation of at least one banknote or banknote, regardless of how it was done in order to pay for goods, services, gift, sale. It also doesn’t matter if the fake was used in any transaction.
- Storage - the retention by a person in his premises, clothing of at least one sign. At the same time, a person should have a marketing goal, regardless of whether it is realized or not.
- Transportation - moving paper or money, moving in space. Again, at least one sign, in order to pay off or otherwise sell a fake.
- Sales - any form of payment, gift, exchange, loan, sale of banknotes. Moreover, if a person intentionally with false money paid for property and thereby acquired the rights of the owner, he committed a crime under Art. 186 of the Criminal Code. No secondary reference to the theft article is required.
Subject and subjective side
The subject is a person who has reached the age of 16, is sane and is aware of the essence of his actions.
Turning to awareness, we pay attention to the subjective side - direct intent. That is, a person was aware of the criminality and danger of his actions, foresaw the onset of certain consequences and wished for this. In this case, the sales target is an obligatory sign, if it is not there, then it is impossible to talk about the corpus delicti.
In theory, such a composition falls under the signs of the formal, that is, it is only necessary to perform one of the actions indicated in the article, regardless of whether the sales are realized and if the consequences have occurred.
Qualified staff
As we noted earlier, the crime involves three parts. If the first is general and basic, then the rest complement it, revealing qualified compositions.
Part 2 indicates the commission of a crime on a large scale. Article 170 contains a note that establishes a large-scale limit; it also applies to article 186. The amount of money here should exceed 2 million 250 thousand rubles. Only in this case, the composition will be qualified.
Part 3, Art. 186 of the Criminal Code of the Russian Federation shows another sign - an organized group. A crime can be of any size, large, or less, but if it was committed by an organized group, then you need to qualify in part 3. To see the definition of an organized group, you must go to the beginning of the Code - Article 35, Part 3. This is a group of persons (two and more people) who have combined their resources in order to commit a crime (one or several).
Responsibility
Sentence under Art. 186 of the Criminal Code allows the use of the following types of punishment: forced labor, as well as imprisonment, a fine.
For part 1 - work up to 5 years, possibly imprisonment (up to 8 years) plus a fine of up to 1 million. If this is not possible, then a fine is charged in the amount of salary or other income for a period of up to 5 years.
Part 2 provides for imprisonment of up to 12 years with a fine of up to 1 million on the same conditions as in part 1. A restriction of freedom of up to 1 year may also apply.
In Part 3, a prison term of up to 15 years for each participant with a fine of 1 million. Restriction of freedom can be applied up to 2 years.