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Art. 210 of the Criminal Code. Organization of a criminal community (criminal organization) or participation in it (her). Comments, judicial practice

Among all acts for which criminal law establishes punishment, one of the most dangerous is considered creation of a criminal community / criminal organization or participation in it / her. Responsibility for this is provided regardless of whether the participants committed illegal actions or not. Punishment sets Art. 210 of the Criminal Code. Comments read the norm below. st 210 UK

Objective aspect

His signs are set in h. 1 tbsp. 210 CC. The objective aspect includes:

  • Formation of a criminal association for the subsequent commission of acts (grave or especially grave).
  • Leadership of such an association or units within it.
  • Formation of stable links between organized groups that function independently, or a division of spheres of influence (territories) and illegal income between them.
  • Participation in meetings of leaders, leaders, other representatives of a criminal association.
  • Participation in a community / organization.

Structure Features

Part 4 of Article 35 of the Code establishes that a crime is considered to be committed by a criminal community / organization if a structured group or an association of several groups engaged in unlawful actions under the same leadership is involved. The members of such structures are united solely for committing grave, especially grave acts involving the extraction (directly or indirectly) of financial and other material benefits. st 210 uk rf

Association referred to in Art. 210 of the Criminal Code, It differs from other criminal groups, organized, including, by a complex internal hierarchy, by the presence of a common goal, which is to conduct joint criminal activity, as a result of which unlawful treatment of other people's values ​​in favor of its members.

Benefit Types

The receipt of financial and other material gains may be indirect or direct. In the first case, it is supposed to commit crimes that do not directly encroach on the property of the victims, but subsequently determine the receipt of money or property rights not only by the participants in the association, but also by other persons.

In the second case, respectively, the actions of the subjects entail direct real damage.

Structural units

A structured group is an association of persons who have previously agreed to commit the acts referred to in art. 210 of the Criminal Code of the Russian Federation, consisting of several units with a stable composition, performing coordinated actions. In this case, the functions and roles between members are distributed in a certain way. organization of a criminal community of a criminal organization or participation in it

The structural unit specified in Art. 210 CC, is considered to be a territorially or functionally separate group, including 2 or more citizens, including the head, carrying out criminal activities in accordance with the goals and objectives of the community.

It should be noted that such associations can not only participate in the commission of acts, but also perform other functions.

Organization

It is one of the key features of associations whose creation is being pursued by Art. 210 CC.

Organization is a clear distribution of specific roles and functions among participants, providing criminal activity with means and tools, establishing relations with government officials and other corrupt officials, ensuring community security, and a unified material base.

It is advisable to say here about another sign of community / organization - cohesion. It is not explicitly indicated in Art. 210 CChowever implied.We can talk about cohesion insofar as the participants perform actions jointly and by agreement.

Community / Organization Engagement

WITHt. 210 of the Criminal Code to be applied when the actions of persons are united by a common intent to commit crimes. Moreover, their awareness of the criminality of the goals of the association and their belonging to such a community / organization is necessary. st 210 uk comment

Composition specifics

The composition of the action is formal. The crime is recognized to be completed at the time of the actual formation of the community / organization or formation as part of structural divisions.

In order to be held accountable, it is imperative that the actors take such actions that indicate the willingness of the association to realize its plan and intentions. For example, this can be expressed in obtaining consent from participants, managers, and organizers to:

  • conducting joint criminal activities;
  • determination of the conditions for the division of territory
  • crime planning;
  • financing of attacks;
  • establishment of criminal relations with authorities, etc.

Sentences under Art. 210 CC The Russian Federation envisages only deprivation and restriction of liberty as the main punishment. An additional sanction may be a fine. h 1 st 210 uk

Guide

It should be understood as the implementation of managerial or organizational functions in relation to the association as a whole, structural units or specific participants both during encroachments and while ensuring criminal activity.

The manual assumes:

  • Setting goals, developing a common plan of illegal actions.
  • Preparation for the commission of certain acts.
  • Conducting other activities aimed at achieving a criminal goal.

In the latter case, it is, in particular, about:

  • The distribution of roles between actors in a community / organization / unit.
  • Take security measures.
  • Development of methods of committing acts, methods of concealment of traces.
  • The distribution of funds received from the crime.
  • Legalization of money obtained illegally.
  • Introducing the members of the association into state bodies, recruiting new members.

Subjective part

It is characterized by direct intention. For imputation of punishment, the presence of a special goal is mandatory - the commission of crimes of certain categories together. verdict st 210 uk rf

Bring to responsibility for hours. 1, 2, 4 can be a sane subject from 16 years. Citizens who have committed crimes of 14-16 years of age as part of an association are punished if the relevant articles provide for the possibility of imposing sanctions from 14 years of age.

In part 3 of article 210, a qualified composition with a special subject is fixed. They are a citizen holding a certain official position and using it for criminal purposes. Moreover, it is not only about the direct intentional unlawful exercise of powers by a person, but also about influencing a subject under submission to commit unlawful actions by the latter.

Special subjects include both officials and civil servants, employees of territorial power structures, citizens temporarily / permanently filling posts related to administrative, administrative and economic activities.


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