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Amending The Penal Code Of The Russian Federation And Article 100 Of The Code Of Criminal Procedure Of The Russian Federation

Original Language Title: О внесении изменений в Уголовный кодекс Российской Федерации и в статью 100 Уголовно-процессуального кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending the Criminal Code of the Russian Federation and article 100 of the Code of Criminal Procedure of the Russian Federation Adopted by the State Duma on October 16, 2009 Approved by the Federation Council on October 21, 2009 Article 1 Article 1 Amend Criminal Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2954; 2001, N 11, 1002; 2003, N 50, sect. 4848; 2009, N 31, sect. 3921) The following changes: 1) in Article 35: a) Part Four should be reworded as follows: " 4. The offence is committed by a criminal association (criminal organization) if it is committed by a structured organized group or by an association of organized groups operating under a single leadership, whose members are united for purposes joint commission of one or more serious or particularly serious crimes to obtain, directly or indirectly, financial or other material benefit. "; b) in Part Five of the words" provided for in the relevant articles of the Special Part of the present Code "shall be replaced by the words" provided by the articles " "208, 209, 210 and 282-1 of this Code"; (2) paragraph "g" of part 3 of article 79 should read as follows: " g) not less than three quarters of the sentence for crimes against sexual inviolability minors, as well as for offences under article 210 of the present Code. "; 3) paragraph 5 of article 80, paragraph 5, amend to read: " Crimes against sexual integrity and the offences set out in article 210 of the present Code are not less than three fourths of the sentence. "; 4) Article 210 should read as follows: " Article 210. Organization of a criminal association (criminal organization) or participation in it (it) 1. Establishment of a criminal association (criminal organization) for the joint commission of one or more serious or particularly serious crimes, or the leadership of such a community (organization) or its constituent entities, as well as the coordination of criminal activities, the creation of sustainable links among the various independent organized groups, the development of plans and the creation of conditions for the commission of crimes by such groups or the division of criminal influence and the criminal proceeds between them, committed by a person using the the participation of organized groups, leaders (leaders) or other representatives of organized groups to commit at least one of these crimes- are punished shall be punished by imprisonment for the term of up to five years with a fine of up to 1 million rubles. 2. Participation in a criminal association (criminal organization)- is punishable by deprivation of liberty for a period of between 5 and 10 years, with a fine of up to five hundred thousand roubles, or in the amount of the wage or other income of the convicted person for the period up to Three years or so. 3. The acts referred to in the first or second part of this article, committed by a person using their official position,- shall be punished by imprisonment for a term of 15 to 20 years with a fine of up to one person. 1 million rubles, or in the amount of wages or other income of the convicted person up to or without five years. 4. The acts referred to in the first part of this article by a person who occupies the highest position in the criminal hierarchy- shall be punished by imprisonment for a term of 15 to 20 years or by life imprisonment. Note. Person who voluntarily departs or participates in a criminal association (criminal organization) or participates in a criminal organization or assembly of organisers, leaders or other representatives of organized groups The manner in which these crimes are disclosed or interdiced is exempt from criminal liability if it does not contain a different offence. ". Article 2 Part Two of Article 100 President of the Russian Federation Dmitry Medvedev Moscow, Kremlin November 3, 2009 N 245-FZ