More and more in the modern world are acquiring weapons. And use it without permission. This is a criminal offense. In any case, in Russia. For the corresponding crime "responsible" Art. 222 of the Criminal Code. Please note that this is where all possible measures of criminal prosecution are prescribed. The sale, purchase, storage, transportation or carrying of weapons (as well as their parts and other components) that are recognized as unlawful will necessarily be punished. But how exactly? What relies to violators for committed acts?
What is allowed
It should be noted immediately that civilian weapons can be worn. And for him, no additional documents are required. If you find this category of weapons, you will not be anything. No criminal liability.
What are civilian weapons? Firstly, the accessories used for hunting, as well as for sports. Secondly, devices designed for cultural development and learning. Thirdly, these are means of self-defense (for example, pocket shockers).
Please note - firearms that are allowed to be worn and stored without additional documents should not be able to fire bursts. And the drum in this case is permissible for no more than 10 rounds. The exception is sports weapons.
Conditional term
So, that says Art. 222 of the Criminal Code of the Russian Federation? Of course, the sale, transfer, storage, acquisition and carrying of weapons in recognition of the illegality of the listed acts will be punished. In Russia, criminal liability is laid for this. Exact preventive measures are made only by the court. The directions in the Criminal Code are just a kind of “pillar”, which should be addressed in the final decision. Basically, the degree of punishment depends on the situation as a whole.
Paragraph 1 of Art. 222 of the Criminal Code indicates that a committed act conditional term. Or restriction of freedom. For illegal communication with weapons and their components will have to put up with the so-called suspended sentence. Not too severe punishment. And it lasts for a maximum of 3 years. Remember, carrying civilian weapons is permitted if it complies with special regulations.
Work
So-called public works of a compulsory nature also have a place to be. The accused in the case of illegal acquisition, storage, transportation, as well as the transfer, sale or carrying of weapons are able to sentence to a kind of work. It is expressed as forced labor.
The exact period shall be determined by the court after clarification of all the circumstances of the case. However, according to Art. 222 of the Criminal Code, the maximum duration of such punishment is not too long. Only 4 months. In practice, this measure is rarely used. Most often, more serious penalties are imposed for illegal “communication” with weapons.
Under arrest
For example, an arrest. So far, not the most serious measure, but it is it that makes people think. The thing is that from the text of Article 222 of the Criminal Code (do not confuse it with Article 222 of the Civil Code, this is a completely different violation) it follows: a person convicted of illegal possession, sale, transportation, carrying and transfer of weapons, as well as their components and ammunition, can be sentenced to arrest.
What is the deadline? Again, it all depends on the specific situation. But from the text of the article it follows that the maximum here is set in the form of six months.An arrest of 6 months or less is another punishment for a crime. Such a "punishment" is used only in the absence of any special conditions. About them a little later.
Prison + fine
What else can be relied upon for the commission of this act? For example, imprisonment. And, a “bonus" is assigned to pay a fine. This is an optional measure, but it is extremely common in many cases. If it is possible to make a payment in favor of the state, this is usually done.
In Art. 222 of the Russian Federation (CC) indicates that for the illegality of the storage, sale, transfer, carrying, acquisition of weapons or their components (and ammunition), a prison is supposed to be. For a period of up to 4 years inclusive. A fine of up to 80,000 rubles may also be awarded. Or payments can be presented in the form of income of the convicted person for no more than 3 months. This may be a part-time job, wages or other sources of (legal) cash.
For the group
Particular punishment is provided for by article of the Criminal Code 222 (not to be confused with Article 222 of the Civil Code of the Russian Federation) for the acts indicated above, but with a certain “complicating” moment. It is a conspiracy of several persons. That is, when the acquisition, sale, storage, transportation or carrying of weapons and their components is carried out by several persons, by a group.
These violations will be punished criminally. Imprisonment and fine. In the same way as in the previous case. Only now the terms and amounts of payments will be more. Imprisonment for a term of 2 to 6 years, and a fine of up to one hundred thousand rubles. Or you can hope for the appointment of "compensation" in the form of income for a period not exceeding the value of six months.
Pay attention to the fact that the group that committed the violation should not be considered as some kind of organized association. Otherwise, Art. 222 (part 2) is no longer valid. Instead, the case will be considered taking into account 3 parts of this article of the Criminal Code of the Russian Federation. Therefore, it is important to know which group acted — organized or simply by prior agreement. This is a huge difference.
Organization
If the illegal acquisition, sale, storage, transfer, transportation or carrying of weapons and their ammunition (components) was committed through an organized group, in accordance with Art. 222 of the Criminal Code, a more serious punishment will be required. Although from all other punishment measures there will be no special differences. Unless in the length of the imprisonment and the amount of the fine imposed.
In the first case, we can expect that the violators (each of them) will be assigned a term of 5 to 8 years in prison. The more serious the crime, the more severe the punishment. The Criminal Code (not article 222 of the Civil Code) states that fines for working in an organized group vary. They can reach two hundred thousand rubles. But there is a minimum. And it amounts to 100,000. If we talk about the fine, expressed as the income of the convicted person, he is charged in the amount of 12 to 18 months. Judicial practice demonstrates the maximum punishment for a committed violation with the participation of an organized group. It is more likely that offenders will be assigned an 8-year prison term and a maximum fine.
Last measure
Part 4 of the Criminal Code of the Russian Federation (Article 222) provides for the last case by which this law can be addressed. It will be about the illegal handling of civilian smooth-bore firearms, cold throwing and gas "types". In this situation, it is rather difficult to impose a punishment. After all, there are a lot of possible measures to prevent an offense. And to decide with them is not so easy. Many factors must be considered in litigation. In practice, it can be noted that the illegal use of the civilian “firearm” itself, as well as the other types of weapons specified in part 4 of Article 222 of the Criminal Code of the Russian Federation, is not as dangerous as, for example, work in an organized group. Therefore, the penalties in some cases are not so serious.
Mandatory, corrective and forced labor - these are the main features of the crime committed. In practice, these types of labor are common. Their term is respectively:
- up to 480 hours;
- 1-2 years;
- up to 24 months.
True, not everything is always that simple. In addition to a variety of labor, a convicted person can be sentenced to restriction of liberty with forced labor of a fixed term. How much will you have to put up with the first part of the court decision? Up to 2 years. An arrest up to six months is another measure that is imposed on the offender in case of illegal “communication” with civilian weapons and other forms thereof, referred to in part 4 of Art. 222 of the Criminal Code.
The last thing you can expect is imprisonment. And in some circumstances - a fine. Imprisonment lasts up to 2 years, and the fine reaches 80 thousand. Or seized in the form of income accused of a crime over the past 6 months.
Summary
As you can see, everything is pretty confusing. And to determine the exact measure of punishment is not always easy. Nevertheless, if you do not want to miscalculate, just hope for the highest degree laid down in article 222 of the Criminal Code of the Russian Federation.
To avoid problems, it is enough to follow the rules of storage and carrying, as well as the acquisition of weapons by citizens. This is not so difficult. It will be necessary to try, but it will be possible to avoid criminal liability in unforeseen situations. Art. 222 of the Criminal Code indicates a suitable punishment in case of violation of the law regarding the storage and carrying of weapons.
