In the light of the frequent corruption scandals of recent years, Art. 290 of the Criminal Code. In Russia, it is called "Taking a bribe." Similar phenomena in our country, and not only, were, are and will be. But few people talk about them. Indeed, bribery is a mutually beneficial process both for those who transfer funds and for those who receive them. But what punishment does this violation impose? Art. 290 of the Criminal Code of the Russian Federation distinguishes between crimes of this kind in terms of the size of the bribe, the level of the position of the bribed person, the degree of damage (and not only economic) to the state. They have to figure it out today.
Concept of bribe
But for starters: what is it all about? What is a bribe? Maybe you just want to give someone a present or get one. Is it really bribery? Not at all. The Criminal Code contains the wording of this concept.
A bribe is the receipt of cash, liquid securities and other valuables in order to provide certain services. Usually they are of a property nature. And carried out in illegal ways. We can say that a bribe, according to Art. 290 of the Criminal Code is any act of bribing someone in favor of the one who presents the values. Nothing difficult to understand. In other words, if you want to give money in order to gain profit illegally, this is precisely bribery.
Signs
This action has its own characteristics. For example, the term “bribe” refers only to an official. Ordinary employees without this status will be punished not under Art. 290 of the Criminal Code, and under Art. 204. Indeed, if the recipient is not executive, it will be a nonprofit bribe, not a bribe. Therefore, getting confused is very easy.
A bribe can have a property character (benefit), and can also be provided under the guise of cash and securities. In addition, she is obtained by an official for any acts in favor of a person giving a bribe. Or any other person that the parties agree on. There should not be any difficulties with understanding. Anyway, bye.
Actions
Art. 290 of the Criminal Code of the Russian Federation has a separate paragraph. This is "Actions taken for a bribe." There is a certain list of what can be done for a “cash reward”. Therefore, it is worth exploring all the points.
Firstly, for a bribe, the general protection of the recipient thereof is possible. The bribe taker may receive protection from the bribe taker, for example. A very common case, which is applied in practice everywhere.
Secondly, a bribe is able to provide any actions related to the position of the recipient, with his usual official powers. For example, in a military registration and enlistment office, a conscript for a bribe can help to avoid military service.
Thirdly, Art. 290 of the Criminal Code of the Russian Federation "Bribe" indicates that the nature of the services provided may not correspond to the official duties of the recipient. He is able to "put pressure" on his subordinates and use his powers to change the picture of what is happening in favor of the bribe giver.
Fourth, there is also the place of being connivance. The recipient of a bribe is able to close his eyes to any act of the bribe-giver, committed bypassing the law. Also a very common scenario. But it is worth remembering that receiving a bribe (Article 290 of the Criminal Code of the Russian Federation) is punishable. And it’s criminal.
Part 1
It is worth paying attention right away - the Criminal Code and the section “Receiving a bribe” are divided into several parts. Each of them has its own characteristics of punishment. Therefore, all points should be considered in detail. Situations with bribes happen different. No one can say exactly what punishment (in exact numbers) will be imposed.Only on the basis of the proposed parts should we draw our conclusions.
So, for example, Art. 290 of the Criminal Code of the Russian Federation, part 1 states that a fine may follow for receiving a bribe. Perhaps this is the most harmless item. The size will be from 25 to 50 times the amount that is received. Sometimes this amounts to impressive amounts. In addition, you can lose the opportunity to occupy certain positions and carry out previous activities for a maximum of 3 years. Commonly used is the combination of “deprivation + penalty”.
But that is not all. Bribery in Russia is punished really seriously. Especially if the crime is solved and proven. For example, in Part 1 of Article 290 of the Criminal Code of the Russian Federation it is indicated that you may be imprisoned for 3 years, and additionally write a fine in the amount exceeding the amount of the bribe by 30 times. As a rule, this rule applies to cases when illegal services are provided, connivance in the service, patronage, and official position are used for personal purposes.
Part 2
Go ahead. Art. 290 of the Criminal Code prescribes a separate punishment for receiving bribes on a large scale. It doesn’t matter who exactly - a foreign citizen or not. The punishment remains the same. And responsibility is defined in the second part of the article.
In this case, a fine is imposed and deprived of the opportunity to conduct business, and a prohibition is imposed for a certain period during which a person does not have the right to occupy certain positions. Everything is exactly the same as in the previous part. Only the term of the ban on working in a certain position and the fine here increases several times. You will have to pay 30-60 times more than received. And the deprivation of the right to carry out previous activities and occupy certain posts is imposed for a period of 6 years.
And a fine many times the amount of the illegal fee will have to be paid. Typically, the court determines this amount as 30 times the size of the bribe. Upon receipt of it on an especially large scale, a person may be imprisoned for 6 years.
Part 3
Not the most common when qualifying a crime is Art. 290 h. 3 of the Criminal Code. She talks about penalties for illegal acts. In this case, more severe penalties can be followed. Article 290, part 3 of the Criminal Code of the Russian Federation clearly spells out what exactly is laid down in this case.
The bribe taker faces a fine of 40 times and deprivation of the right to engage in certain activities for a certain period. The maximum amount of payments exceeds 70 times the amount of illegal remuneration. At the same time, a ban on activities and holding certain positions is imposed for 3 years. Or, if you believe part 3 of Art. 290 of the Criminal Code, you can be imprisoned for 7 years and pay a fine 40 times the bribe received.
Part 4
What's next? Violations provided for by all the points listed above, but taking into account the fact that the bribe giver is a public servant (a person holding a high post) or representing a local government, are punished even more severely. Here you will have to pay an amount that will be 60-80 times the amount of the bribe in cash and for 3 years will lose the opportunity to occupy certain positions, as well as conduct activities related to access to financial transactions.
However, sometimes there is a deprivation of liberty. The court determines a sentence of 5 to 10 years. And, of course, you need to pay a fine. It will exceed the amount of the bribe by 50 times. This responsibility for bribery is indicated by the Criminal Code in our country.
Part 5
Part 5 of the Art. 290 of the Criminal Code provides for a special case. For example, you should pay attention to what specific actions will result in punishment. Based on parts 1, 3 and 4, the following acts are punishable by law:
- preliminary conspiracy of a certain circle of persons;
- extortion;
- especially large bribe size.
What exactly to wait? Art. 290 h. 5 of the Criminal Code of the Russian Federation states that in this case the fine will be from 70 to 100 times the amount of illegally received amounts. And the ban on certain activities will be 3 years. Art. 290 h5 of the Criminal Code of the Russian Federation also provides for a restriction of freedom for a period of 7 to 12 years. Plus a fine. It will be sixty times more than the amount obtained illegally.
Final trait
The last item that we are considering is directly related to the preliminary conspiracy of a group of persons, as well as to extortion. To apply the sanctions, one more condition is required - receiving very large bribes. In this case, the recipient is punished with a fine 80-100 times the size of the secret fee, loses his authority for 3 years and may be imprisoned for 8-15 years.
As you can see, Art. 290 part 5 of the Criminal Code, just like all other parts, provides for severe punishment for amateurs to use their official position for personal gain. Try to always report extortion, conspiracy and bribes. Note that both the bribe giver and the recipient are punished here. True, to varying degrees.
Thus, one should know for sure: bribery in Russia is punished very harshly. Better to refrain from this type of profit. Sometimes a person may forever lose the right to occupy leadership positions. Few people manage to escape punishment. True, in order to prove the fact of receiving a bribe, irrefutable evidence will be required.