Each civil and legal entity must have official documents. For ordinary people, their passport, identity card, birth certificate and other important personal papers are theirs. The list of documents for legal entities is wider: constituent and other agreements, agreements, orders, etc. In addition, enterprises must have stamps and seals. Theft of documents for personal gain is punishable by law. The norms establish liability not only for theft. The law provides for sanctions for concealing, destroying and damaging documents of particular importance to victims.
Punishment
In h. 1 Article. 325 of the Criminal Code of the Russian Federation sanctions are imposed on persons who, out of personal interest or for personal gain, have stolen, destroyed, hidden, or damaged official papers, seals, stamps. For these acts, the perpetrators face:
- Fine up to 200,000 p. or in the amount of salary / income for up to 1.5 years.
- Up to 480 hours of compulsory work.
- Up to 4 months arrest.
- Up to 2 years of corrective labor.
- Up to a year in prison.
- Up to 1 year of forced labor.
Art. 325, part 2 of the Criminal Code
Part two provides a qualifying symptom of a crime. If the object of the above acts was a citizen’s passport or other important personal document, the perpetrator is threatened:
- Up to a year fixed. works.
- Fine up to 80,000 p. or in the amount of salary or income for the period up to six months.
- Up to 360 hours of compulsory work.
- Up to 3 months arrest.
Part three
Persons who have committed the abduction of special, excise duty stamps or marks of conformity that are protected from fakes are also prosecuted under Art. 325 of the Criminal Code. The sentence in this case may be in the form of:
- Fine up to 200 thousand rubles. or in the amount of salary / income for a period of up to 18 months.
- Forced labor.
- Imprisonment.
The last two sentences are imposed for a period of up to 2 years.
A comment
The Criminal Code of the Russian Federation is addressed in the event that the safety and order in which official papers, seals, stamps, excise / special stamps, marks of conformity are issued are the direct object of the crime . In this article, three groups of objects are distinguished in respect of which the perpetrator commits unlawful actions. These include:
- Official papers, stamps and stamps.
- Passport and other personal (important) documents.
- Excise taxes, marks of conformity, special brands that have protection against fakes.
A separate comment is given for each category. The Criminal Code of the Russian Federation should be addressed when the subject encroaches on papers proving facts or events that have legal significance and entail legal consequences, impose or remove obligations, grant rights, have established requisites and forms. Printing is a cliche made in a special way. It contains cut characters or symbols. Printing is necessary for making prints on paper and other materials. It indicates the details of the owner. The stamp is necessary for the production of prints in the process of paperwork. It is made in the same way as printing. The stamp contains the details of the organization or the data of the person who issues the paper, columns for the date and number.
Passport
It is the main document by which a person is identified. In Russia, several types of passports are provided. The application for criminal proceedings may be written by the owner of any of them. The rules relating to general passports are established in the relevant Regulation. The law prescribes that all citizens of Russia from the age of 14 must have this document. The next type is a diplomatic passport. It is issued by the Russian Foreign Ministry. This passport is intended for persons who, according to the Vienna Convention of 1961, have diplomatic immunity when traveling abroad for the performance of official duties. This document is the property of the Russian Federation.
An official passport is issued to civil servants who fill state (federal or regional) posts of category "B", "C", as well as to employees who accompany them on business trips. This document is also needed by military personnel redeployed abroad, staff members of administrative and technical services of consular posts and diplomatic missions located outside the country. Passport is issued for no more than 5 years. This document is also the property of Russia. The diplomatic and service passport must be returned at the end of the trip. According to the seaman's passport, the identity of the citizen is identified both inside and outside the country. Such a document is received by persons working on domestic vessels of foreign direction, or on board ships of foreign ships. A passport is required for ordinary citizens to travel abroad.
Other important papers
Other personal documents include a work book, official or pension certificate, military ID, driver’s license, birth certificate, and so on. The assignment of other papers, except for a passport, to the category of important is carried out depending on the circumstances of the crime in each case individually. This takes into account the importance of the document for the victim himself.
Note on the third part
Excise stamps - documents certifying the payment of indirect tax. They are used in the process of labeling tobacco or alcohol products, for example. Special marks are permits for the release or sale of a particular group of goods. For example, it can be CDs. The signs of conformity determine the quality and compliance with safety requirements provided for by technical regulations.
Objective side
In the first part of Art. 325 of the Criminal Code provides several alternative options for the perpetrator. These include:
- Theft of stamps, official papers, seals.
- Damage.
- Destruction.
- Concealment.
The abduction cited in Art. 325 of the Criminal Code, is the unlawful seizure of an item and (or) its appeal in their favor or in the interests of other persons. This act can be committed in any way (openly, secretly, through the abuse of trust, by deception, by appropriation). Destruction is a reduction referred to in Art. 325 of the Criminal Code of the Russian Federation items in a state in which their further use is impossible, as well as their restoration. Under the cover should be understood to perform actions that impede the detection of objects and their use. Damage means damage to the documents, which substantially complicates their intended use, but this damage can be eliminated. The composition of the action in its design is considered formal. The crime is over from the moment of any of these actions.
Subjective side
Art. 325 of the Criminal Code provides for intentional guilt. As a mandatory subjective attribute in this act acts motive. The guilty person carries out unlawful acts out of self-interest or personal interest. The first is the desire of the offender to receive additional income or to be exempted from material costs. Personal interest manifests itself in motivations related to the extraction of benefits of a non-property type (improvement of performance indicators, avoidance of disciplinary sanctions, and so on). The subject of the crime under Art. 325 of the Criminal Code may be a 16-year-old sane person.
Important point
Part two of the article under review provides for liability for infringement of a passport or other important personal civil document. If after the theft he was destroyed by a criminal, then the act is qualified only in the second part. Together with part 1, they do not form acts. As mentioned above, the corpus delicti is considered formal. The subjective part is characterized by the presence of direct intent. In this regard, under Art. 325 of the Criminal Code of the Russian Federation cannot qualify theft of the bag in which the victim’s passport was located unless it is proved that the perpetrator wanted to steal it.
Conclusion
Thus, the article under consideration establishes sanctions for unlawful seizure, damage, concealment, as well as destruction of objects that are official documents or are used to certify such papers. The public danger of the act is that during the abduction, for example, of a stamp or seal, they can be used in the preparation of fake documents, or information carriers that do not correspond to reality. The threat is also created by the theft of excise taxes, special brands, as well as signs of conformity. Using them with products that have not passed mandatory certification can cause harm to the life and health of the population. As for passports and other personal documents important for a citizen, in case of destruction or damage, concealment or theft, the victim becomes temporarily limited in his capabilities. For example, he cannot buy a plane ticket without a passport, receive a money transfer from a bank, and so on. In case of theft of documents or other items specified in the article, you must immediately contact the law enforcement authorities.