Art. 325 of the Criminal Code. Kidnapping or damaging documents, stamps, seals or abduction of excise stamps, special stamps or conformity marks
Every civil and legal person musthave official documents. For ordinary people, the passport, identity card, birth certificate and other important personal papers act as their identity. The list of documents for legal entities is broader: constituent and other agreements, agreements, orders, etc. In addition, enterprises must have stamps and seals. The abduction of documents for mercenary purposes is prosecuted by law. The norms set the responsibility not only for theft. The law provides for sanctions for concealing, destroying and damaging documents that are of particular importance to the victims.
In part 1 of Art. 325 of the Criminal Code establishes sanctions against persons who, from personal interest or for personal gain, have stolen, destroyed, concealed, damaged official papers, seals, stamps. For the specified acts guilty threatens:
- A fine of up to 200,000 r. or in the amount of salary / income for a period of up to 1.5 years.
- Up to 480 hours of compulsory work.
- Up to 4 months. arrest.
- Up to 2 years of correctional labor.
- Up to one year in prison.
- Up to 1 year of forced labor.
Art. 325, part 2 of the Criminal Code of the Russian Federation
Part two provides a qualifying indication of a crime. If the object of the above acts is the passport of a citizen or other important personal document, the guilty person is threatened:
- Up to one year is corrected. works.
- A fine of up to 80,000 rubles. or in the amount of salary or income for a period of up to six months.
- Up to 360 hours of compulsory work.
- Up to 3 months. arrest.
Persons who have committed kidnapping of special, excisemarks or marks of conformity, which are protected from counterfeits, are also held liable under Art. 325 of the Criminal Code. The verdict in this case can be in the form:
- The fine is up to 200 thousand rubles. or in the amount of salary / income for a period of up to 18 months.
- Forced works.
The last two penalties are appointed for a period of up to 2 liters.
To the Criminal Code of the Russian Federation apply ifthe immediate object of the crime is the safety and order in accordance with which issuance of official papers, seals, stamps, excise / special stamps, and conformity marks is carried out. In this article, three groups of subjects are identified, in relation to which the perpetrator commits unlawful acts. They include:
- Official papers, stamps and seals.
- Passport and other personal (important) documents.
- Excises, marks of conformity, special marks, which are protected from counterfeits.
For each category, a separatea comment. The Criminal Code of the Russian Federation should be appealed when the subject encroaches on documents certifying facts or events that have legal significance and entail legal consequences, assign or remove duties, grant rights, have established requisites and forms. Printing - a cliche, made in a special way. It contains cut symbols or symbols. Printing is required for printing on paper and other materials. The owner's details are indicated on it. The stamp is necessary for the production of impressions in the process of processing documents. It is produced in a similar way as printing. In the stamp there are the details of the organization or the data of the person who issues the paper, the graphs for the date and number.
It is the main document by whichthe person is identified. In Russia, there are several types of passports. An owner of any of them can write an application for initiating a criminal case. The rules concerning civil passports are established in the relevant Regulations. The law prescribes that all citizens of Russia from the age of 14 must have this document. The next type is a diplomatic passport. It is issued by the Ministry of Foreign Affairs of the Russian Federation. Such a passport is intended for persons who, according to the Vienna Convention of 1961, have diplomatic immunity when traveling abroad for the performance of official duties. This document is the property of the Russian Federation.The service passport is issued to civil servants,replacing state (federal or regional) category "B", "B", as well as employees who accompany them on business trips. This document is also necessary for servicemen who have been redeployed abroad, the staff of the administrative and technical services of consular offices and diplomatic missions located outside the country. Passport is issued for no more than 5 years. This document is also the property of Russia. Diplomatic and service passport are subject to return upon termination of business trip. A seaman's passport identifies the identity of a citizen both inside and outside the country. Such a document is received by persons working on domestic vessels of foreign direction, or sent to foreign ships. Passport is necessary for the departure of ordinary citizens abroad.
Other important papers
Other personal documents includelabor book, service or pension certificate, military ticket, driver's license, birth certificate and so on. The assignment of other securities, except for the passport, to the category of important is carried out depending on the circumstances of the crime in each case individually. This takes into account the importance of the document for the victim himself.
Note on the third part
Excise stamps - documents certifying paymentindirect tax. They are used in the process of labeling tobacco or alcohol products, for example. Special brands are permits for the release or sale of a certain group of goods. For example, it could be compact discs. The conformity marks determine the quality and compliance with the safety requirements stipulated in the technical regulations.
The objective side
In the first part of Art. 325 of the Criminal Code gives several alternative options for the actions of the perpetrator. They include:
- Theft of stamps, official papers, seals.
Abduction, cited in Art. 325 of the Criminal Code of the Russian Federation, is an unlawful seizure of the object and (or) its circulation in its favor or in the interests of other persons. This act can be committed in any way (openly, secretly, through the abuse of trust, by deception, appropriation). Destruction is the reduction specified in Art. 325 of the Criminal Code of the Russian Federation into such a state where their further use is impossible, as well as their restoration. Under concealment, one must understand the commission of actions that prevent the detection of objects and their use. Damage means causing damage to documents, which makes it difficult to use them for their intended purpose, but this damage can be eliminated. The composition of an act by its design is considered formal. The crime is over from the moment of fulfillment of any of the specified actions.
The subjective side
Art. 325 of the Criminal Code provides for intentional guilt. The motive is the obligatory subjective feature in this act. The perpetrator carries out unlawful actions from self-interest or personal interest. The first is the desire of the offender to receive additional income or be exempt from material costs. Personal interest manifests itself in motivations concerning the extraction of non-property type benefits (improvement of performance indicators, evasion of disciplinary sanctions, and so on). The subject of a crime under art. 325 of the Criminal Code may be a 16-year-old sane person.
Part two of the article in questionprovides for responsibility for encroachment on a passport or other important personal civil document. If, after the theft, he was destroyed by a criminal, then the deed qualifies only for the second part. Collections with part 1 of the act do not form. As stated above, the offense is considered to be formal. The subjective part is characterized by the presence of direct intent. In this connection, according to Art. 325 of the Criminal Code can not be qualified to steal a bag containing the passport of the victim unless it can be proved that the guilty person wanted to steal it.
Thus, in this articlesanctions are imposed for unlawful taking over, spoiling, concealment, as well as the destruction of items that are official documents or used to assure such securities. The public danger of the act consists in the fact that when kidnapping, for example, a stamp or a seal, they can be used to compile forged documents, or carriers of information that do not correspond to reality. The threat is also created by the theft of excises, special stamps, as well as signs of conformity. Using them with products that have not undergone mandatory certification can damage the life and health of the population. As for the passports and other personal documents important to the citizen, in case of destruction or damage, concealment or theft, the victim becomes temporarily limited in his capabilities. For example, he can not buy a plane ticket without a passport, get a money transfer to a bank and so on. In case of detection of theft of documents or other items specified in the article, it is necessary to immediately apply to law enforcement bodies.