Ensuring security in the country is an important point for the state. And its violation leads citizens to criminal liability. Art. 238. She suggests that she is entitled to the one who produced, stored, transported or transferred goods that did not meet safety, and also rendered unsafe services. And indeed, this is a criminal offense. And for the committed act will have to serve the appointed punishment. This is not always a prison sentence. Art. 238 of the Criminal Code will help in making the final decision.
Start
Let's start with the simplest, most common and least dangerous measure. The thing is that such a proposal is available in most cases. Criminal liability is not always imprisonment or restriction of liberty. Not at all. Art. 238 (1 part) indicates that for goods that do not meet safety requirements and for the provision of hazardous services, a fine can be expected.
Cash recovery is a completely humane punishment. It is very often applied in practice. In this case, you can hope that you will be fined as much as 300,000 rubles. Or you have to give income for a period not exceeding 2 years. Not the worst thing that a criminal can only wait. Nevertheless, a pecuniary punishment for a committed act, according to Art. 238, not particularly small. In most cases, criminal offenses are initially punishable by fines of up to 80-100 thousand rubles. But not in our situation.
Activities
Another common measure is the purpose of various public works. In our case, goods and services that do not meet safety requirements are supposed to serve their sentences in the form of social or forced labor. Please note that only one measure can be applied. That is either work, or a fine.
Compulsory labor does not last too long. It cannot exceed 360 hours. In practice, serving a sentence will take about a month. But forced labor longer. The maximum that threatens the criminal according to Art. 238 of the Criminal Code, is 2 years. Not always for the storage and production, as well as the provision of goods and services recognized as dangerous (not meeting safety), the maximum penalty is attributed. Only in some cases does this practice take place.
Conditional term
Restriction of the freedom of the criminal is also a very common punishment. So-called conditional term given for many wrongful acts. The production, marketing, storage of goods and products, as well as the provision of services and the performance of work that does not meet safety requirements, is often suppressed in the form of an appointment of restriction of freedom.
The duration of the sentence varies depending on the situation. But according to Art. 238, part 1 of the Criminal Code, it cannot exceed 2 years. In principle, as well as the period of forced labor. Only in contrast to them is deprivation of liberty considered a more serious punishment. And the suspended sentence entails significant consequences. For example, while serving a sentence, you will have to regularly report to law enforcement agencies, as well as put up with the fact that not every employer will agree to hire you. More precisely, almost no one will do it.
In custody
The criminal code for many citizens is associated with one completely logical punishment - imprisonment.Perhaps this measure is the most stringent. She once again makes you wonder whether to go for a crime or not. In Art. 238 a similar measure also exists.
For the production, sale, storage and transportation of dangerous goods and products, as well as in the performance of work and the provision of services that do not comply with safety rules, you may be sentenced to two years in prison. In which colony, the court decides. Most often, criminals are placed in correctional facilities.
Not always imprisonment for our crime today is punishable by such a long term. It is hoped that you will be assigned a lesser stay in prison. Many factors are taken into account here. But it’s still better to count on maximum punishment. So that later there would be no surprises and surprises.
Groups and conspiracy
Transportation, sales, production, storage and transportation of products and goods, as well as work and services that do not meet safety requirements, committed with the help of a group of persons by prior conspiracy, have more severe penalties. Indeed, in criminal law, conspiracy is a kind of aggravating circumstance. Therefore, he is supposed to bear the appropriate punishment.
Art. 238, part 2 indicates that the measures are not too different from those that apply to one person. Everyone will also be fined for the crime. But now it will increase. A minimum of 100 thousand will be assigned to you, a maximum of 500 thousand rubles. Such a measure is applied to each defendant.
Also, note: fines are sometimes recovered as income or wages of the perpetrators of the crime. With such a development of events, one can count on penalties received by a person as a profit for 1-3 years. It all depends on the specific situation as a whole.
But this is not the only scenario. Similar punishments, according to Art. 238, are imposed on people who provided services for children (and sold related goods) up to and including 6 years of age. Causing grievous bodily harm or death of a victim is punished in the same way.
Work again
Forced labor, if based on data obtained from Art. 238, part 2 of the Criminal Code, are also used as punishment. True, their duration, as in all previous cases, is increasing. Now they will have to work out their guilt in the form of forced labor up to 5 years. And at least 12 months. The last measure is not spelled out in the law, it exists behind the scenes, in practice.
But compulsory work is losing its legal force. Remember: for the storage, transfer, transportation and sale of goods and products, as well as for the provision of services and works that do not meet safety standards, with the participation of several persons in a crime, or when it comes to products for children under 6 years old, or in the end someone has died or serious harm has been done to the victim, a serious punishment has been imposed. And the listed measures are not the only ones.
Encroachment on freedom
Restriction of liberty, as well as its deprivation, are far from the most amazing punishments in criminal law. Perhaps it is they who have the greatest influence on citizens. From the text of Art. 238 it can be concluded that imprisonment is possible. But not a limitation of freedom.
Part 2 of Article 238 indicates that the term of serving a sentence in prison shall be up to 6 years. And in addition, you can assign a certain penalty. In practice, it is often imposed on the defendants. Size varies depending on specific circumstances. Nevertheless, it cannot exceed half a million rubles.
The income of the convicted should also be taken into account. If a fine has been chosen expressed in this form, it cannot exceed the amount received by the accused for 3 years. If there are several defendants, this restriction applies to every citizen. That is, all participants individually will pay a fine, which they will be assigned.
Extreme degree
The last point to consider is that the sale, storage, transportation, production and transfer of goods and products, the provision of services and the performance of work that do not meet safety requirements may result in the death of several persons. By negligence. But this is not an extenuating circumstance. Rather, for the defendants such an outcome is aggravating.
In this situation, forced labor is permissible. They can last up to 5 years inclusive. In practice, such a measure is rarely used. More often than not, citizens are simply deprived of their liberty. Imprisonment has the right to appoint up to 120 months. It is 10 years old. It is such punishments provided for by Art. 238. Comments on it indicate that the objects of crime can be both goods without certification and work without permission and without confirmation of compliance with safety.
Summarizing
If you think about it, recently our today's crime is very common. But it’s not easy to catch violators. And even more so punish them. Most often, violation of safety requirements is also accompanied by illegal activities.
Therefore, in practice, extremely rarely Art. 238 of the Criminal Code is applied in its purest form. Most of the penalties provided for in the article, as a rule, are toughened. Nevertheless, it is now clear what you can count on. Try not to break the law and report all its violations to other citizens. Especially when it comes to goods, services or work. Inadequate quality can destroy a person.
