Money laundering or any other property in Russia is considered a serious crime. And it is customary to fight such violations. Please note that laundering is a criminal offense. And the corresponding punishment is put for him. But to what extent? This will tell article 174 of the Criminal Code.
No complications
Any financial transactions with money and property acquired by criminal means, which serve to give legitimacy to own it, shall be punished. True, many say that the punishment is not too serious.
It's about a fine. The legalization of cash or any other property involves the payment of a certain amount of punishment. Namely, up to 120,000 rubles. As an alternative option - the withdrawal of the defendant's earnings for 1 year maximum.
Large sizes
Not too severe punishment. But in the situation considered, many nuances are not taken into account. It is rare when money laundering or property has no aggravating factors. Therefore, it is worth considering more popular scenarios.
For example, according to article 174 of the Criminal Code of the Russian Federation, slightly different forms of combating money laundering are relied upon when the crime is committed on a large scale. Under such circumstances, a fine still exists. It increases to 200,000 rubles or is expressed by the size of the offender’s earnings for a period of 1-2 years (at the discretion of the court).
Work and work again
True, the fight against money laundering does not end there. And in the presence of aggravating circumstances, various “new” punishments appear. When laundering property and money on a large scale, such take place.
It is about the appointment of forced labor. Such work is usually not accompanied by cash payments. You just have to work out for about 2 years. The exact term will be determined by the court, but the punishment cannot exceed 24 months.
Jail arrest
True, “dirty money,” or rather people involved in laundering it (or other property), are punished not only with fines or forced labor. The fact is that many associate with criminal liability imprisonment. More specifically, imprisonment. According to article 174 of the Criminal Code of the Russian Federation, such a measure also takes place for the legalization of money and property acquired by someone in a criminal way on a large scale.
Imprisonment will last a maximum of 2 years. But that is not all. Additionally, the offender may be fined. It will be 50,000 rubles maximum. As an alternative solution - taking the defendant's profit for 3 months. These are optional additional measures. But in practice, they are quite common.
Position and collusion
And the text of the article does not end there. Indeed, sometimes "dirty money" and the same property are obtained through the preliminary conspiracy of several persons or when using one's official position. It doesn’t matter in what scale the crime is committed - small or large. But, if there was a position or collusion with someone, get ready for serious punishments.
Namely, forced labor for 3 years, as well as in addition, you can be assigned a restriction of freedom. This is the so-called suspended sentence. It lasts up to 24 months. In addition to social work, they impose a restriction on work in certain areas of activity, as well as on the possibility of occupying certain posts (usually leading). Such a ban cannot exceed 36 months.
Imprisonment may also serve as punishment. It will last up to 5 years. The court also imposes a fine for money laundering by conspiracy or using official position. You will have to pay up to half a million rubles. Or lose income for 3 years. Additionally, after prison they can impose a restriction of freedom on the offender. It will last a maximum of 2 years. Also, in addition to the conditional period, sometimes “taboo” is imposed on work (occupation of certain posts, as well as on labor activity in specific areas) for 36 months.
Organization and size
According to article 174 of the Criminal Code of the Russian Federation, sometimes there is money laundering / property acquired illegally, by an organized group or on a large scale. Try not to confuse the organization with the usual conspiracy. Perhaps these are the most serious forms of our crime today. And they are punished accordingly.
Forced labor still takes place. But they will last a maximum of 5 years and be accompanied by a restriction of freedom. It, in turn, cannot exceed 2 years. True, not always a suspended sentence for forced labor is appointed. As a “bonus," the court is able to sentence, in addition to three years, restrictions on conducting activities in certain areas, as well as the right to occupy specific positions.
Imprisonment is also possible. Compared to all other cases, imprisonment will increase in duration. And now this punishment will be 7 years. To imprisonment, they have the right to impose a monetary penalty - either a million rubles, or a citizen's earnings for 5 years. A suspended sentence and “taboo” for positions and work also take place. They can maximize 2 and 5 years, respectively.
Comments and Composition
In article 174 of the Criminal Code, commentary plays an important role. He clarifies many of the nuances of the crime. For example, discloses what is meant by transactions with property or money. This is any manipulation of documents aimed at "updating" the established civil rights to property. Such actions include donation or inheritance. Please note that responsibility will come even if a citizen all once laundered money or property.
There is an even more important point in Art. 174 of the Criminal Code - the offense. In general, it is worthwhile to understand that the above measures will be applied to you when the legalization of funds or property was accompanied by illegal transactions. In this case, property must be obtained initially by criminal means. Otherwise, there will be no corpus delicti.
Violation is accompanied by direct intent. That is, the criminal understands that money or property was obtained by criminal means. All circumstances of the acquisition to a person who launders finances or property may not be known. But the subject refers to any person who makes financial transactions or transactions with illegally obtained property.
In principle, these are all important points regarding the studied article of the Criminal Code of the Russian Federation. Pay attention to the latest clarification. A particularly large transaction size starts from a million rubles. Otherwise, the crime is considered committed on a large scale or small (up to 250,000).