Quite often in Russia there is a crime called arbitrariness. Not the worst violation, but it does occur. For him, criminal liability on one scale or another is laid. True, not in too harsh a form. Therefore, many allow themselves to engage in arbitrariness. Possible measures to prevent this crime are covered by Article 330 of the Criminal Code of the Russian Federation. But what specific action are we talking about? And what sanctions will be applied to the defendant? Is it possible to somehow avoid the punishment under this article? About all this further!
The concept
The first step is to figure out what exactly we are dealing with. After all, arbitrariness must have some clear definition characterizing the violation. This should help distinguish arbitrariness from similar crimes.
The way it is. Under arbitrariness is understood the unauthorized acts of a citizen who violate the norms and rules established by law. The legitimacy of actions in this situation may be challenged by other people or organizations.
As you can see, not everything is as simple as it seems. Somehow arbitrariness is similar to robbery or extortion, for example. But the distinctive features of this crime are still there. Usually it is aimed at the implementation of existing legal rights. For example, arbitrariness can be called the work of collection companies, accompanied by extortion, threats or damage to property. What can article 330 of the Criminal Code of the Russian Federation say about this? What are the penalties for this crime?
Fine
Usually criminal liability, which is not the most serious, is expressed in cash payments. Or rather, a fine in one size or another. Self-government without features, but providing significant harm to something, is accompanied in the first place by just such a punishment.
In this case, the fine is not very large. It reaches a maximum of 80,000 rubles. As an alternative payment, the court sometimes makes a decision to seize the defendant’s income (usually salary) for a certain period of time. Self-government with significant damage is punishable by payments in the amount of the offender’s profit for a maximum of six months.
Work days
This does not end all the measures imposed on the perpetrator. Public works in one form or another - that’s what the article 330 of the Criminal Code of the Russian Federation “Self-government” implies. If there were no aggravating circumstances, with the exception of the damage inflicted on a significant scale, we can hope to serve a sentence of social labor.
What is it about? Mandatory and corrective work are assigned . In the first case, they cannot exceed 480 hours, in the second - 24 months. Not the worst punishments, but they do take place. In practice, they are also not very common. Despite this, article 330 of the Criminal Code of the Russian Federation “Self-government” provides for several more types of punishments and situations related to our current crime.
Arrest
For example, what if the court considers all of the above measures not effective enough? Will there really be no punishment? Or maybe it is just at the discretion of the judiciary is completely different?
Not at all. Article 330 of the Criminal Code of the Russian Federation, in addition to the listed penalties for arbitrariness with substantial damage, provides for the last substantial version of the “punishment”. Namely, the arrest. Not the most serious punishment in the entire Criminal Code, but it does take place. And for some it really is a strong argument for abstaining from arbitrariness.
In this situation, the arrest will not be too long. The maximum put under the article is 6 months. And after no additional measures to prevent a reoffense is not appointed. Although such a punishment really motivates many not to commit arbitrariness. Many are afraid of arrest.
Violence and threats
What else does article 330 of the Criminal Code indicate ? Judicial practice, and the legislation of the Russian Federation, is faced with arbitrariness, which was accompanied by threats of use or direct implementation of violence. These are aggravating circumstances that impose more serious penalties on the offender.
In this case, there are no fines and cannot be. But social work has not been canceled. True, it is now exclusively compulsory, and also lasts for up to 60 months. It is this scenario that will be considered by the court when arbitrariness was accompanied by violence or threats of its use.
Arrest also takes place. But it is no different from the previous case. That is, this kind of conclusion can last a maximum of six months. And nothing more. This is exactly what article 330 of the Criminal Code of the Russian Federation reads (with and without comments). True, there is the last measure of the fight against criminals who committed arbitrariness by threatening or using violence. Which one, exactly?
Encroachment on freedom
For most people, criminal responsibility is associated with imprisonment. To some extent, it is. Indeed, for certain punishments or in the presence of aggravating circumstances, such a measure is often prescribed.
With arbitrariness, it also takes place. If this crime was accompanied by threats or the use of violence, the defendant may be "imprisoned" for 5 years. The term may be reduced at the discretion of the court, which in practice is almost never encountered.
Ambiguity
This ends article 330 of the Criminal Code of the Russian Federation "Self-government". Comments on it bring some clarity to the nuances of the crime. The thing is that the subject of the act can be any person who has reached the age of 16 years. A person should be sane, adequate. In this case, punishment will be imposed on the above items, taking into account the circumstances of the case.
But sometimes arbitrariness is committed by officials, employees of detective and security services. Under such circumstances, the studied article loses its relevance. Instead, acts are qualified under articles: 286, 285 or 203 of this Code of the Russian Federation.
How to dodge
Some citizens are interested in how to get away from article 330 of the Criminal Code of the Russian Federation. Can this be done? Easy! It is enough just to act according to the law, not to violate the established rules.
All that is required of you is to prove the legitimacy of your actions. After all, initially a citizen, according to the definition of a violation, has certain powers to exercise certain rights. If you can prove that you have not violated any established norms, you will be able to avoid punishment.
How else can you evade article 330 of the Criminal Code? You can try to act through a trusted person who will not “surrender” you. Then it will be on him all the accusations, which is not too honest and correct.