186 Article of the Criminal Code with comments
Making counterfeit money today is consideredone 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 testifies to the increased danger of a crime in the current conditions of the development of a market economy. Counterfeiting money undermines the stability of the national currency and significantly hinders the regulation of financial turnover.
Article 186, part 1
The RF Criminal Code establishes common characteristicsof the crime in question, according to which the subject is held accountable. Penalty under the Criminal Code is provided for manufacturing for subsequent sale:
- Counterfeit tickets to the CBA.
- Metal coins.
- Securities, including in national currency.
- Foreign currency.
- Securities in foreign currency.
Article 186, part 1 of the Criminal Code, also recognizes as a crime storage, transportation of the above items for later sale. For the specified acts are appointed:
- Forced labor (up to 5 years).
- Imprisonment (up to 8 years).
In the second case, an additional penalty may be imposed by the court up to 1 million rubles. or in the amount of the salary (other income) of the guilty person for a period of up to 5 years.
Qualifying signs
186 Article of the Criminal Code establishes a number of aggravatingcircumstances. If they are available, the punishment for the crime becomes tougher. Thus, for the above-mentioned acts in a large amount, up to 12 years' imprisonment is provided. In addition, the court can impose a fine of up to 1 million rubles. or in the amount of salary (other income) for up to 5 years and restriction of freedom to one year. For the above crimes that are committed as part of an organized group, Article 186 of the Criminal Code establishes up to 15 years in prison. In addition, the guilty person may be fined up to 1 million rubles. or equal to the sum of s / n (other income) for a period of up to five years. Also guilty, except for the main punishment, can be sentenced to restriction of freedom to two years.
Article 186 of the Criminal Code of the Russian Federation with comments of 2014.
The objective side of this crime is formed by two elements:
- Manufacture of a fake with the purpose of the subsequent sale.
- Realization of counterfeit money or securities.
Thus, as an object of crimeis the monetary system of the state. The means of payment under the law of the Russian Federation is the ruble. As a security is a document certifying special property rights, compiled with observance of mandatory requisites and the established form. This category includes savings and deposit certificates, checks, bills of exchange, bonds (state ones as well), shares, savings bank accounts, bills of lading and other similar documents. Article 186 of the Criminal Code of the Russian Federation (with commentaries) regards as a crime the manufacture or sale of the indicated banknotes in circulation on the territory of Russia or abroad, withdrawn from circulation for exchange. There is no liability for the manufacture for subsequent sale or directly use of fakes withdrawn from circulation and possessing only collectible value. If there are grounds, these actions may be qualified as fraudulent actions.
Features of the crime
186 Article of the Criminal Code of the Russian Federation as a counterfeitcalls both partial and complete falsification of banknotes and securities. To qualify for the composition of the crime in question, it does not matter how to create a fake. However, in order to prosecute, it is necessary to determine whether the securities, coins, bills are counterfeit, whether they have significant similarities in color, size, form and other essential details with genuine banknotes in circulation. Article 186 of the Criminal Code applies if it is established that the suspects manufactured or sold the fakes, the discovery of inconsistency with the originals under normal conditions of implementation is difficult or completely excluded.
The manufacture of counterfeits is considered to be overa crime if for the subsequent sale at least one security or a banknote is made. It does not matter whether they were implemented or not. The sale of fakes consists in using them as a means for making payments when purchasing services and goods, donating, exchanging, selling, lending. Obtaining deliberately counterfeit banknotes and securities for their subsequent implementation must be qualified according to art. 186 and art. 30 of the Criminal Code as a preparation for the commission of a crime. The sale is regarded as a completed act from the moment of acceptance by any person of at least one fake.
The subjective part
The crime in question can be committedonly in the presence of direct intent. In the absence of the purpose of subsequent implementation in the manufacture of a fake, the subject can not be held accountable. When creating counterfeits, the guilty person understands what he is doing. He wants to make fakes and has the purpose of subsequent use in transactions. In the process of implementation, the perpetrator wants to sell the fakes and understands that he puts them into circulation. As subjects of crime can act as a person who produced for the subsequent implementation of counterfeiting, and directly those who used them, knowing that they are not genuine.
Additional qualifications
Sale of counterfeit securities and banknotesassumes an unlawful (by deception) 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 article being commented. Additional qualifications under art. 159 of the Code is not required.
Conclusion
Making counterfeit money, as well as valuablesecurities for their subsequent sale, as well as the implementation of counterfeits, refers to crimes of an international nature. The legal struggle against these acts is carried out on the basis of the International Convention of 1929. According to this normative act, the persons guilty of these crimes are subject to criminal liability regardless of the place where they were committed, irrespective of citizenship. It does not matter, and illegal actions were directed against the financial system of which country of the Convention. As economic objects of crime economic relations act. Previously convicted persons for the manufacture of fakes for their subsequent sale or directly selling them are considered to be citizens whose criminal record is not extinguished or not withdrawn in the manner prescribed by law.
