In Art. 325 of the Criminal Code of the Russian Federation sanctioned for the abduction or damage of official documents, stamps, seals, as well as the theft of excise stamps and signs of conformity. This act is committed by the perpetrator intentionally out of selfish motives or personal interest. The subject of this crime are official documents, seals and stamps, excise stamps. Learn more about all this, learn from this article.
the main thing
Art. 325 of the Criminal Code contains sanctions for those who decide to break the law and steal seals, stamps or other official documents. It should also be pointed out that this article also establishes liability for those citizens who, out of their personal self-interest or interest, decided to steal someone else's passport. Despite the fact that this document belongs to a certain person and serves as a confirmation of his identity.
Sanctions for those who have committed a criminal offense under Art. 325 of the Criminal Code, quite different. The penalty for the commission of this crime is determined by the judicial authority, based on the requirements of this article.
Theft, destruction and damage
The public danger of this criminal act lies in the fact that the perpetrator of his illegal actions violates the established procedure for maintaining official documentation. After all, the abduction, as well as damage, or the destruction of seals and stamps does not represent an opportunity to continue carrying out official activities at the enterprise.
The culprit always acts out of self-interest or personal interest. It is possible that he wants to receive a ransom for the return of official documents, seals and stamps. Or, for example, return the stolen in exchange for employment in this institution.
Sanctions for Part One
If the perpetrator stole, destroyed, damaged or hid official documents, seals and stamps, then he may face the following punishment, prescribed in part 1 of article 325 CC:
- a fine of up to 200 thousand or in the amount of an attacker's income for a period of up to one and a half years;
- compulsory work only for up to 480 hours;
- correctional labor up to 2 years;
- forced labor for a period of up to one year;
- arrest for a maximum of 4 months;
- the most severe is imprisonment of up to a year.
This list is exhaustive. Therefore, when sentencing for the commission of this crime, the court can choose only one of the sanctions prescribed in the first part of Art. 325 of the Criminal Code.
Personal documents
Part 2, Art. 325 of the Criminal Code contains a punishment for those citizens who have decided and stole another person’s passport. Or other personal documents that belong to another person (for example, SNILS, marriage certificate, military ID).
A passport is an official document with which officials can accurately identify a person. Thus, his theft can cause the victim a lot of trouble and even problems with the law.
For this reason, when applying to the UFMS with a request for the restoration of a lost passport, employees of this service often send citizens to the police in order to officially record this case of the loss of an important document.
What awaits
What punishment can a person get for stealing someone else’s passport or other personal document? According to part 2 of article 325 of the Criminal Code of the Russian Federation sanctions here may be as follows:
- arrest (maximum 3 months);
- a fine of not more than 80 thousand or in the amount of the guilty income for a period of up to 6 months;
- compulsory work here can only be assigned for 360 hours;
- correctional labor up to one year.
It should be noted right away that imprisonment is not provided for a person who has stolen someone else's personal documents. As practice shows, the perpetrator is sent by the court to correctional labor or pays a fine in the amount specified in the sentence.
Other acts against the rule of law
Quite often, malefactors, for the sake of selfish interest or for committing a grave deed, remove state, registration marks from cars. Responsibility for the deed is prescribed in article 325.1 of the Criminal Code of the Russian Federation. In practice, there are a lot of such cases.
Most criminals are determined to receive cash rewards for returning numbers in the future. In certain cases, this action is performed in order to carry out a more serious crime.
For unlawful seizure of vehicle numbers, the perpetrator may be deprived of liberty for a period of up to one year. This act also violates public order and security. After all, state license plates are fixed in the traffic police database.
Unlawful acts
According to article 325 of the Criminal Code, the actions of attackers are aimed at the abduction and damage, as well as the concealment of official documents, seals and stamps, a person’s passport, the abduction of excise stamps and signs of conformity. They will be the subject of a crime. For the first part of this article, their list is considered exhaustive:
- official documents, for example, the charter of the organization, power of attorney to manage the company, papers confirming the legality of the activity;
- seals and stamps (stamp, for documents).
This act will be completed at the moment when the perpetrator carried out his illegal actions (stole and ruined documents, stamp for personal interest, for personal gain).
As part of the second of the same article, the subject of the crime is a citizen's passport, or his other personal documents. These include: insurance certificate, TIN, military ID, driver's license. Because thanks to these documents, a certain citizen can exercise their rights and obligations without violating the law. In turn, when abducting these documents, a person loses this opportunity.
According to the third part of this article, excise stamps and conformity marks are considered objects of crime. The state protects them from fakes. Conformity marks are not considered documents. They are made using special technology and applied to products that must be certified.
Comment
So, every citizen of our country should know that for the abduction, damage and concealment of official documentation, seals, stamps, passports of citizens, theft of excise stamps and marks of conformity that are applied to certain types of products there is responsibility. The punishment for the deed is fixed in Art. 325 of the Criminal Code. One can only agree with the comments on it. This act is considered completed only at the moment when the perpetrator commits his illegal actions.
The subject of a crime can only be a sane person who is already sixteen years old. If the perpetrator has not reached the specified age, then he cannot be held responsible for what he has done.
Important
So, in the commission of this crime, the perpetrator must be fully aware of the illegality of his actions. In addition, any person and even an employee of the organization from which documents or a seal were stolen can be a criminal here. This happens most often. Moreover, the guilty always acts only out of selfish ends and personal interest. For example, an employee needed to steal documents in order to help his relatives. The latter realized that he was acting illegally, but nevertheless decided to do so. There are a lot of such cases.Some people commit this act because of personal revenge on someone. In other words, the perpetrator carries out illegal acts intentionally.
Characteristic
Many citizens of our country do not even know that there is any responsibility for the theft of a passport or other personal documents. Nevertheless, there is a punishment for this act, it is fixed in Art. 325 of the Criminal Code. Commentary on it once again confirms this fact. Here it must also be said that for the theft of excise taxes and stamps of protection, protected from falsification, the punishment is more severe than for the theft and damage of official documents and stamps. Indeed, for the commission of such an act one can even be deprived of liberty for a term of up to two years.
It should also be noted that article 325 of the Criminal Code is divided into three parts, each of which has its own qualifying features and sanctions.
Total
All law-abiding citizens of Russia should be at least a little versed in criminal law. After all, this can protect them from committing illegal acts. As practice shows, employees of the same institution in which the crime was committed are usually involved in the abduction and damage of documents. Interestingly, the press is often abducted by those people who work with them in order to obtain personal gain. For example, one employee took a stamp from another and did not return it, and the latter was fired due to the fact that he was unscrupulous about his duties.
Citizens are rarely punished for stealing personal documents. Because to prove the fact that one citizen took another's passport or TIN is not always possible. Moreover, a person could simply lose his documents by negligence.
The situation with excise stamps and product conformity marks is a little more complicated, because they are protected from fake. However, it often happens that they are abducted by those responsible for a specific purpose. – attach to illegal products. Therefore, the sanctions for the implementation of such an act are more stringent.