The current legislation is quite clearly regulated issues related to the use of information. There is information that, according to legal regulations, is confidential. The legislation, in particular, uses concepts such as banking, commercial, tax secrecy. For the illegal collection of such information, penalties under art. 183 of the Criminal Code. Consider the features of its application.
Main cast
For the collection of information constituting a secret (tax, banking, commercial) through threats, bribery, theft of documents, as well as other illegal actions, the sanction is established by Part 1 of Art. 183 of the Criminal Code.
According to the provisions of the norm, the perpetrator faces:
- Recovery in the amount of up to half a million rubles or representing income for 1 year.
- Up to 1 year of corrective labor.
- Forced labor / imprisonment up to 2 years.
Qualifying signs
In the disposition of Part 2 of Art. 183 of the Criminal Code of the Russian Federation defines a special subject of crime. Punishment under Part 2 is provided for citizens for whom the information specified in Part 1 was entrusted or known by virtue of work or service. Responsibility for hours. 2 Article. 183 of the Criminal Code is applied in the event of disclosure or use by this person of information without the consent of its owner.
The perpetrator may face one of the following punishments:
- Recovery up to 1 million rubles. or in the amount of income for 2 years with a ban on filling posts, the implementation of activities determined by a judge, up to 3 years.
- Correctional work up to 2 years.
- Forced labor or imprisonment for a term not exceeding 3 years.
Especially qualifying circumstances
In h. 3 Article. 183 of the Criminal Code of the Russian Federation establishes penalties for acts specified in Part 2, which entailed major damage or committed on the grounds of selfish interest.
For this, the perpetrator faces:
- recovery of up to 1.5 million rubles. or making up income for 3 years with the deprivation of his right to fill positions, conduct activities of a certain kind for a period of up to 3 years;
- forced labor / imprisonment up to 5 years.
If the acts enshrined in dispositions of hours 2-3, entailed grave consequences, the subject may be assigned either forced labor up to 5 years, or up to 7 years in prison.
Art. 183 of the Criminal Code with comments
The concept of "trade secret", a list of data that can be attributed to it, are present in several legal documents. Among them, in particular, the 139th article of the Civil Code, Art. 3, 5 Federal Law No. 98.
Tax secret and information that is recognized as it is stated in the 102nd norm of the Tax Code.
As for banking secrecy, the concept is disclosed in Article 857 of the Civil Code and Art. 26 Federal Law No. 395-1.
The collection of information within the meaning of Art. 183 of the Criminal Code is considered criminal if carried out by illegal means. Some of them are directly mentioned in the dispositions of the 1st and 2nd parts. The objective side can be briefly defined as follows: according to Art. 183 of the Criminal Code of the Russian Federation qualifies any illegal actions if their purpose is to obtain the information specified in the norm.
Features of the assault
The collection of data referred to in Art. 183 of the Criminal Code, should not be considered as a result of actions, but as a process.
Accordingly, the offender, quite possibly, will not be able to achieve the goal. Suppose he stole some kind of documentation, got the opportunity to dispose of it or to get acquainted with the contents, but he could not really read the text, he could not provide it to a third party, because he was detained. The act, however, will be considered completed at the time of the implementation of these actions.
If the assault is committed through the implementation of actions defined as robbery, then it will be deemed completed at the time of the attack, even if the required document does not go into the possession of the attacker.
Bribe
This action is provided in the analyzed norm as one of the ways of committing an act. Meanwhile, if the bribery was aimed at citizens who perform management functions in a commercial or other company, as well as officials to receive information containing tax, banking, and trade secrets from them, the act additionally falls under Article 204 or 291 of the Code.
Threats
They are expressed in different ways. An attacker can threaten by destroying property, violent acts, disseminating information (either true or false) that dishonors the victim, his relatives, or other information that could harm the interests of individuals.
In judicial practice under Art. 183 of the Criminal Code of the Russian Federation, it is taken into account that the maximum sanctions for the threat of murder or the infliction of grievous bodily harm to the victim in such cases are covered by this norm. Accordingly, additional qualification under Article 119 is not carried out, unless the threat was expressed for the reasons provided for in part 2 of the 119th norm.
Other illegal actions
Their list is quite wide.
Other illegal actions include, for example, obtaining information:
- by violating the secrecy of correspondence ;
- with unauthorized access to a computer database;
- familiarization with the information, not accompanied by the removal of electronic / material media containing them, etc.
If there are grounds, the deed is qualified according to the totality of norms, including with Articles 272, 238, since Art. 183 does not protect objects protected by these standards.
Use of violence
If the crime stipulated by the analyzed norm is committed with violent acts, then they must be qualified additionally in accordance with the relevant norms of the Code on encroachments against the person, if they stipulate a stricter sanction than for the act established in the first part of Article 183.
It follows from this that if during the collection of information related to banking, commercial, tax secrecy, beatings, slight damage to health, the act falls only under Part 1 of Art. 183.
Subjective aspect
The act is always committed with direct intent.
A person may act as a subject of a crime, not only meeting the requirements of Article 19 of the Criminal Code, but also, due to official duties, not having access to the information specified in the disposition of part 1 of Article 183, and therefore forced to seek such access by unlawful means.
The sanction imposed, for example, under paragraph 3 of Art. 183 of the Criminal Code. This, in particular, is about depriving a person of a special right. This additional penalty is mandatory.
Illegal use of information
It can be carried out in person or by transmitting information to third-party citizens.
In the first case, as a rule, the attacker is driven by the opportunity to gain profit. For example, the subject was entrusted or became aware of work / service information about the imminent increase in the value of shares. Accordingly, he can use this information to make a profitable transaction.
In addition, the subject can use the information obtained to compromise the employer, to harm others.
Exceptions
The Criminal Code provides protection only for legitimate interests. In this regard, employees of the organization with access to confidential information must disclose it without the consent of the head, if the entity requiring the provision of information has the right to do so.
For example, a bank employee reporting to an investigator acting under the Criminal Procedure Code and in accordance with the provisions of Article 26 of the Federal Law No. 395-1 that data on transactions with funds held in a legal entity’s account is not a disclosure of bank secrecy, even when against this objected to the account holder and organization management.
Similarly, the actions of the same employee transferring information to representatives of bodies exercising control in the field of taxation are assessed.
Additionally
The grave consequences include the bankruptcy of the institution, as well as the negative social consequences caused by it. Among the latter, for example, unemployment, disruption of the activities of utilities and so on. Such consequences may result from not only intentional, but also reckless actions.
Major damage, in accordance with the note to article 169 of the Criminal Code, is considered an amount in excess of 1.5 million rubles.