Making fake money today is considered one of the most common crimes in the economic sphere. The punishment for this act is established by Article 186 of the Criminal Code of the Russian Federation. Judicial practice in such cases indicates an increased danger of crime in the current conditions of the development of a market economy. Counterfeiting undermines the stability of the national currency and significantly complicates the regulation of financial turnover.
Article 186, part 1
The Criminal Code of the Russian Federation establishes the general features of the crime in question, in accordance with which the subject is held accountable. The punishment under the Criminal Code is provided for the manufacture for subsequent sale:
- Fake CB tickets.
- Metal coins.
- Securities, including in national currency.
- Foreign currency notes.
- Securities in foreign currency.
Article 186, part 1 of the Criminal Code of the Russian Federation also recognizes as a crime storage, transportation of the above items for subsequent sale. For these acts are assigned:
- Forced labor (up to 5 years).
- Imprisonment (up to 8 years).
In the second case, an additional court may impose a fine of up to 1 million rubles. or in the amount of salary (other income) of the guilty for a period of up to 5 years.
Qualifying signs
Article 186 of the Criminal Code establishes a number of aggravating circumstances. If available, the punishment for the crime is tightened. So, for the above acts on a large scale, up to 12 years of imprisonment are provided. In addition, the court may impose a fine on the perpetrator up to 1 million rubles. or in the amount of salary (other income) for a period of up to 5 years and restriction of freedom up to a year. For the above crimes committed as part of an organized group, article 186 of the Criminal Code of the Russian Federation establishes up to 15 years in prison. In addition, a fines of up to 1 million rubles may be imposed. or equal to the amount of salary (other income) for a period of up to five years. In addition to the main punishment, the guilty person can also be sentenced to restriction of liberty for up to two years.
Article 186 of the Criminal Code with the comments of 2014
The objective side of this crime is formed by two elements:
- Making a fake for the purpose of subsequent marketing.
- The sale of counterfeit money or securities.
Thus, the monetary system of the state acts as an object of crime. The legal tender is the ruble. A security document is a document certifying special property rights drawn up in compliance with the required details and the established form. This category includes savings and deposit certificates, checks, bills, bonds (including government ones), stocks, bearer passbooks, bills of lading and other similar documents. Article 186 of the Criminal Code of the Russian Federation (with commentary) considers as a crime the manufacture or sale of these banknotes in circulation in Russia or abroad, which are withdrawn from circulation for exchange. There is no liability for the manufacture for subsequent sale or the direct use of fakes that are withdrawn from circulation and have only collectible value. If there are grounds, these actions can be qualified as fraudulent actions.
Features of the crime
Article 186 of the Criminal Code of the Russian Federation refers to both the partial and complete falsification of banknotes and securities as the manufacture of fakes. To qualify for the crime under consideration , the method of creating a fake does not matter. However, in order to be held accountable it is necessary to determine whether securities, coins, bills are fake, whether they have significant similarities in color, size, shape and other basic details with genuine, in circulation banknotes and banknotes. Article 186 of the Criminal Code of the Russian Federation is applied if it is established that forgeries were made or sold by the suspect, detection of inconsistency with the originals under normal conditions of sale is difficult or completely excluded.
Making fakes is considered a complete crime if at least one security or banknote is made for the subsequent sale. Moreover, it does not matter whether they were implemented or not. The sale of fakes consists in using them in the form of a means for making payments when purchasing services and goods, donating, exchanging, selling, or providing a loan. Obtaining knowingly fake banknotes and securities for their subsequent sale must be qualified according to Art. 186 and Art. 30 of the Criminal Code as preparation for the commission of a crime. A sale is regarded as a completed act from the moment a person accepts at least one fake.
Subjective part
The crime in question can only be committed with direct intent. In the absence of a goal of subsequent implementation in the manufacture of fakes, the subject cannot be held accountable. When creating fakes, the culprit understands what he is doing. He wants to make fakes and has the aim of subsequent use in transactions. In the implementation process, the perpetrator wants to sell the fakes and realizes that he puts them into circulation. The subjects of a crime can be persons who made for the subsequent sale of fakes, or directly those who used them, knowing that they are not genuine.
Additional qualification
The sale of counterfeit securities and banknotes involves the unlawful (through fraud) receipt by a person of municipal, state, private or other property belonging to other entities. In this regard, all committed acts are covered by the composition of the commented article. Additional qualifications under Art. 159 Code is not required.
Conclusion
The manufacture of counterfeit money, as well as securities for their subsequent sale, as well as the sale of fakes, are crimes of an international nature. The legal struggle against these acts is carried out on the basis of the International Convention of 1929. In accordance with this normative act, the persons guilty of these crimes are subject to criminal prosecution, regardless of the place where they were committed, regardless of citizenship. It does not matter against the financial system of which particular country party to the Convention illegal actions were directed. As a tribal object of the crime are economic relations. Previously convicted persons for the manufacture of fakes for their subsequent sale or their direct sale are considered citizens whose criminal record has not been canceled or not removed in the manner prescribed by law.