The penalty term is: what amendments will be offered for liberalization of the criminal code

The question of the amount

The meeting is scheduled for may 18, it will hold the head of the working group, the head of the presidential administration Sergei Ivanov, told RBC three sources familiar with the preparations for the meeting.

To discuss the working group members will be the presidential amendments to the Code of administrative offences (Cao), criminal and Criminal-procedural codes (criminal code and criminal procedure code), as well as the law “On custody of suspects and accused of committing crimes”, which were written after the first meeting of the working group on 23 March.

These amendments were discussed in April at a meeting with presidential aide Andrei Belousov and forwarded to the Supreme court for review, said two of the interlocutor of RBC, participated in the discussions. In a press-service of the Supreme court at the time of preparation of the material are unable to comment on the issue.
Among the amendments — changes to the “tax” articles of the criminal code — 198, 199 and 199.1 (evasion from payment of taxes and fees by natural persons or organization, as well as failure to perform duties of a tax agent). In particular, it is proposed to increase the amount of damage, which begins the criminal prosecution of defaulter.

Major damage to individuals, to consider the amount of unpaid taxes for three consecutive financial years 900 thousand rubles. (now 600 thousand rubles), provided that it is 10% of the total amount of taxes payable, or an amount in excess of 2.7 million RUB (currently 1,8 million rubles). Especially large size is proposed to be set at a level higher than 4.5 million rubles, provided that the share of unpaid taxes exceeds 20% of the payable amount or a higher amount of 13.5 million rubles. (now 3 and 9 million rubles, respectively).

In the case of companies and tax agents by a large amount, it is proposed to recognize the amount of unpaid taxes is 5 million rubles. for three years, provided that their share exceeds 25% of the payable amount, or more than 15 million RUB (currently 2 million rubles and 10%, or 6 million roubles). Especially large size in accordance with the amendments will exceed 15 million rubles., provided that this amount exceeds half of the payable amount, or 45 million rubles (currently RUB 10 million and 20%, or 30 million RUB).

As followed from the report of the business Ombudsman Boris Titov, the President, the number of prosecutions for “tax” articles rose sharply in 2015 from 62 percent, the number of convictions by 16%. Under article 199 was registered 1847 offences against 1335 in 2014, according 198th — 555 vs 460, told RBC in the apparatus of Titov.

In the case that the damage on tax crime is not recognized, large and extra large, we will talk about penalties under the tax code and the administrative code. Achieving large size means that the entrepreneur faces criminal prosecution, which could be completed by deprivation of liberty for a term up to six years.

For the first time under article

Also, the working group will discuss changing the list of crimes falling under article 76.1 of the criminal code: we are talking about exemption from criminal liability for economic violations, if the offense is committed for the first time and the damage is compensated. For example, it is proposed to include in the list of crimes under article 170.2 of the criminal code, which introduces a penalty for “cadastral engineers” for inclusion in documents of obviously false data, as well as offences under article 176 of the associated with the illegal loan. This implies exemption from liability of individual entrepreneurs and heads of companies for providing false information about the financial condition of the company, stated in the materials for the meeting. In the same article 76.1 of the criminal code is proposed to reduce the amount of damages necessary to compensate, with a fivefold to twofold.

It is proposed to significantly alter the structure of article 159 of the criminal code (fraud): in particular, to complement its fraud, involving deliberate non-performance of contractual obligations in the field of entrepreneurship. Significant damage in this article may not be less than 10 thousand rubles., large size shall be the amount over 3 million rubles, especially large — 12 million rubles.

On three separate counts of fraud in lending, upon receipt of payments and fraud using payment cards for individuals using their official position, for crimes on a large scale the term of imprisonment is proposed to increase by a year to six years. When fraud in the insurance industry, and in sphere of the computer information for a group of persons upon a preliminary collusion, as well as under the condition of significant harm to a term of imprisonment is proposed to increase from four to five years. And for those who used his official position, for crimes committed in large scale — from five to six years.

Also provides for amendments relating to the resolution contained in the jail businessmen to see the notary. This is, as explained a source in the working group, will allow to stop attempts to capture the business when the owner is in jail.

During the discussion of amendments between the security agencies and business associations, a dispute arose about what actions may be witnessed by a notary public, says one of the members of the working group. “Law enforcement officers fear that under threat may be the property by which it is possible to repair the damage — it can “withdraw”. In the end, one of the proposals: prohibit a notary to certify the actions with the property under arrest”, — the source said RBC.

It is expected that the bill of amendments to the administrative offences code, criminal code and code of criminal procedure, the President will submit to the Duma soon, say highly placed source in the state Duma and two sources in the working group. “Their acceptance boost. It is possible that they will be adopted during the spring session [before June 24],” says one of the interlocutors RBC.

Three two

With regard to the decriminalization of minor crimes, the state Duma greatly curtailed the bill of the Supreme court. In the Criminal code will remain two articles — murder threats and child support. On Monday profiled the state Duma Committee on legislation presented a new version of the bill and recommended the bill on second reading in a new form.

In the first version of the bill, which developed the Supreme court, it was proposed to decriminalize five criminal charges — beatings, death threats, refusal to pay child support, petty theft and forgery of documents (article 116, 119, 157, 159 and 327 of the criminal code), if these crimes were committed for the first time. The authors of the project proposed first to punish violators through administrative law and only for repeat offences, to initiate criminal proceedings. According to Judicial Department at the Supreme court every year for these offences, the courts can order sentences of 120 thousand people.

In the new edition, the Committee removed from this list article about the murder threats. “We collected data and realized that the article “Threat by murder” performs a protective function and should remain in the Criminal code”, — explained RBC position Pavel Krasheninnikov. Earlier in the explanatory note to the project developers pointed out that every year for the threat of murder is condemned by approximately 30 thousand people.

Left in UK and an article about the non-payment of alimony, by removing from it a sign of malice, but adding the phrase “if the offense is committed repeatedly”. The article also adds a note according to which the failure to pay child support admits the non-payment of funds to children without a valid reason parent, subjected to administrative punishment for a similar offense.

Also in the bill proposes new way to calculate the periods of pre-trial detention: one day in detention counts as two in a penal colony and a half in a penal colony. For the rest of the corrections period set-off of punishment will remain the same — one to one.

The afternoon is spent under house arrest, the authors of the amendments proposed to count for half of the day in the infirmary. Krasheninnikov explained that such innovation the authors of the amendments agreed to include after the number of known cases, the defendants are actually served time under house arrest. According to him, these changes are associated with “a more equitable approach to our convictions”.

But interior Ministry spokesman, who was present at the Committee meeting, claimed that the new amendments to the bill greatly change the concept of initiative. The representative of the government was not under discussion, but Krasheninnikov said that the Agency objected to the speedy adoption of the draft and asked to wait, while it will offer its own amendments. But Krasheninnikov noted that the time for this: the deputies in June, the end of the plenary session.

With the support of the President

The draft law on decriminalization of a number of criminal charges, the Supreme court submitted to the state Duma in July 2015. But six months it remained without motion, so long as the government was preparing his opinion.

Only once in December in defense of the initiative by the President, the office presented its conclusion: the government supported the bill but suggested modifying it. Questions about the feasibility of decriminalizing the possession of the office was caused articles “threat by murder” and “assault”. After that, the initiative was adopted in the first reading.

“The first version of the bill was quite reasonable and reasoning — surprised the new amendments, the Vice-President of Federal chamber of lawyers Andrey Suchkov. — The chamber has endorsed this bill.”

The lawyer doubts that decriminalization, for example, the article “threat by murder” would result in the growth of real murders. “Those who plan the murder, are unlikely to talk about it openly. Rarely it happens that people long first threatened, and then killed,” — said Knots.

With the participation of Svetlana Bocharova