The Criminal Code of the Russian Federation is such a set of laws that you need to know. Not by heart, but at least in general terms. Today we will be interested in Art. 330 of it. She points to the penalties for committing arbitrariness. This crime happens more and more often. As practice shows, criminals are mainly different collection companies. But ordinary citizens, too, sometimes fall under the scope of this article. What punitive measures should be taken under certain circumstances? What does art. 330 of the Criminal Code?
Definition
Before you begin to reflect on this issue, it is worthwhile to understand what kind of crime is in principle involved. What is arbitrariness? After all, this crime must have an accurate and clear definition so that it cannot be confused with another illegal act!
The way it is. Self-government is the unauthorized commission by someone of unlawful actions to be challenged by other citizens or companies. For all this, keep in mind that a crime takes place, even if you simply think that you have the right to carry out an act that violates established rules and laws. Of course, when it is already completed, you will be judged by Art. 330. Depending on the consequences, administrative arbitrariness and criminal are distinguished.
Money money
We will consider the second case. What is the penalty for an act? According to Art. 330 h. 1 of the Criminal Code of the Russian Federation, if due to arbitrariness significant harm was caused to someone or something, it is supposed to be punished. The exact measure is determined by the court on an individual basis. But here is only the first scenario: the payment of a fine.
Under such circumstances, a pecuniary penalty can reach a maximum of 80,000 rubles. In addition, the Criminal Code in Russia often, as an alternative penalty, sentenced the defendant to pay his income for a certain period of time. In our case, this is also possible. The fine will be the amount that the criminal “collects” as income (usually in the form of a salary) for a period not exceeding six months. The exact duration will have to be determined for a particular case in court. In practice, maximum arbitrariness is imposed for arbitrariness with significant harm.
Work and work again
But these are not the only options for the development of events. In addition to monetary penalties, criminals are sometimes punished differently. In the Criminal Code, measures called "community service" are quite common. Our case is no exception.
For arbitrariness, causing significant damage or harm, sometimes the court may order compulsory or forced labor. Work will have to be established in the judicial term. He is appointed individually, only art. 330 of the Criminal Code indicates some restrictions on the duration. In the case when arbitrariness is punishable by compulsory labor, they may last no more than 480 hours. And forced - no more than 24 months. These measures are provided for by the law of the Russian Federation.
Arrests
True, this does not end the possible measures of punishment for the criminal who committed criminal arbitrariness. Moreover, there is a punishment that can really motivate some citizens to correct behavior. This is a small “encroachment” on human freedom.
More specifically, about the arrest. Art. 330 "Self-government" contains paragraphs indicating the possibility of the arrest of the offender for a crime.In this case, the maximum limit is set at 6 months. Thus, for this act you have the right to arrest for six months. Good motivation for some citizens. Sometimes the "encroachment" on human freedom turns out to be much more effective than the imposition of fines and various labor.
Threats
We need to pay attention to the more severe form of our crime today. After all, completely different penalties will be assigned for her. Art. 330 part 2 talks about the punishment for arbitrariness, accompanied by the threat of violence. Or with the direct implementation of this idea into reality.
What will be the offender in this case? According to the Criminal Code, the use or threat of violence is an aggravating circumstance. So, the crime itself is regarded as more serious. And measures to prevent misconduct are tougher.
For example, as in the previous case, you may be assigned forced labor. Only now their duration will increase by more than 2 times. More precisely, the maximum term for serving a sentence for arbitrariness in this form is 5 years. In practice, this is how much a criminal will be punished by social labor.
That's not all. Do not forget that rarely when the legislation only one measure of punishment is provided. In Art. 330 of the Criminal Code of the Russian Federation indicates that for arbitrariness with the use of violence (or with threats of using it), the court is able to arrest the offender. Moreover, in this case, this measure is no different from the previous scenario. That is, they can arrest you for six months at most.
Behind bars
For most people, a criminal offense is associated with imprisonment. To some extent this is correct. After all, the most serious cases are really punished by prison. By the way, arbitrariness is no exception! True, in such a way only cases in which there has been a use of violence or a threat thereof have been suppressed.
Imprisonment in this situation is not assigned too short. In prison, the offender can spend up to 5 years. It all depends on the damage caused, as well as other circumstances of the case. So the exact punishment will be imposed by the court after a detailed study of all the factors that could affect the outcome of the meeting.
In practice, imprisonment for arbitrariness is assigned to the highest degree. That is, the indicated 5 years. Sometimes even more if in addition some other illegal act was committed.
Comment
In Art. 330 CC comments play an important role. In particular, they help to reveal the essence of the crime committed. Or rather, they indicate the composition thereof.
Self-government is necessarily the intentional actions of a person that can be disputed by the organization or by citizens. In addition, damage must be done without fail. It can be anything - material, moral, expressed simply as a violation of the rights of individuals and so on. Please note that with arbitrariness there is intent. A violator can be considered any person who has reached the age of 16 years. That's all. This is what defines Art. 330 in the Penal Code. Now it’s clear what threatens arbitrariness in Russia.
