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Amending The Penal Code Of The Russian Federation And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Уголовный кодекс Российской Федерации и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending the Criminal Code Russian Federation and some legislative acts of the Russian Federation Accepted State Duma on 23 November 2012 Approved by the Federation Council on 28 November 2012 Article 1 Article 1 of the Russian Federation (Legislative Assembly Russian Federation, 1996, 2954; 2002, N 44, sect. 4298; 2003, N 50, sect. 4848; 2004, N 30, sect. 3091; 2007, N 1, est. 46; 2009, N 52, sect. 6453; 2010, N 19, 100. 2289; N 52, sect. 7003; 2011, N 11, est. 1495; N 50, sect. 7362), the following changes: 1) paragraph 4 of the notes to Article 158 after the words "this chapter" is supplemented with the words "except articles 159-1, 159-3, 159-4, 159-5, 159-6,"; 2) in article 159: (a) in the second part of the paragraph "With a fine of up to ten thousand rubles, or in the amount of wages or other income of a convicted person for a period of up to one month, or without a fine of up to 80 thousand rubles," he said. Wages or other income of a convicted person up to six months or less "; (b) In the first part of the fourth sentence, after the words "in a particularly large size", add the words "or resulting in the revocation of the citizen's right to a dwelling"; 3) to supplement article 159-1, as follows: " Article 159-1. Credit fraud 1. Credit fraud, that is, embezzlement of money by a borrower by knowingly false and/or false information to a bank or to another creditor,- is punishable by a fine of up to 20,000 rubles or a fine. The amount of the wage or other income of the convicted person for a period of up to one year, or compulsory work for up to three hundred and sixty hours, or correctional labour for up to one year, or restriction of liberty for a period of up to two years, or forced labour for up to two years, or arrest for up to four months. 2. The same act committed by a group of persons by prior agreement- is punishable by a fine of up to three hundred thousand roubles, or in the amount of the wage or other income of the convicted person for a period of up to two years, or compulsory work on the shall be punished by imprisonment for the term of up to five years, or imprisonment for the term of up to five years, or imprisonment for the term of up to five years, or imprisonment for the term of up to five years. restriction of liberty for a period of up to one year or without it. 3. The acts referred to in the first or second part of this article, committed by a person using their official position, or in large amounts,- shall be punishable by a fine in the amount of between 100,000 and five thousand roubles; or The amount of the wage or other income of the convicted person for a period of one year to three years or compulsory labour for up to five years, with a restriction of liberty for up to two years or without one, or imprisonment for a term of up to five years with a fine in the amount of up to eighty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months or without it, with a restriction of liberty for a period of up to one and a half years, or without it. 4. The acts referred to in parts one or three of this article, committed by an organized group or in a particularly large size,- shall be punished by imprisonment for up to ten years with a fine of up to one million rubles or The amount of the wage or other income of the convicted person for a period of up to three years or without it and with the restriction of liberty for a period of up to two years or without it. Note. A large amount in this article, as well as in Articles 159-3, 159-4, 159-5, 159-6 of this chapter, recognizes the value of assets in excess of one million five hundred thousand roubles, and especially large-six million roubles. "; 4) to supplement Article 159-2, to read: Article 159-2. Fraud in receiving payments 1. Fraud in receiving payments, that is, theft of money or other property upon receipt of benefits, compensation, subsidies and other social payments established by laws and other regulatory legal acts, by way of submission false and (or) false information, and, by default, the termination of the said payments- is punishable by a fine of up to twenty thousand roubles, or in the amount of wages or other income of the convicted person. for a period of up to one year or compulsory work for a period of up to three hundred and sixty hours, or by restriction of liberty for the term of up to two years, or compulsory work for the term of up to two years, or arrest for a term of up to four months. 2. The same act committed by a group of persons by prior agreement- is punishable by a fine of up to three hundred thousand roubles, or in the amount of the wage or other income of the convicted person for a period of up to two years, or compulsory work on the shall be punished by imprisonment for the term of up to five years, or imprisonment for the term of up to five years, or imprisonment for the term of up to five years, or imprisonment for the term of up to five years. restriction of liberty for a period of up to one year or without it. 3. The acts referred to in the first or second part of this article, committed by a person using their official position, or in large amounts,- shall be punishable by a fine in the amount of between 100,000 and five thousand roubles; or The amount of the wage or other income of the convicted person for a period of one year to three years or compulsory labour for up to five years, with a restriction of liberty for up to two years or without one, or imprisonment for a term of up to five years with a fine in the amount of up to eighty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months or without it, with a restriction of liberty for a period of up to one and a half years, or without it. 4. The acts referred to in parts one or three of this article, committed by an organized group or in a particularly large size,- shall be punished by imprisonment for up to ten years with a fine of up to one million rubles or The amount of the wage or other income of the convicted person for a period of up to three years or without it, with a restriction of liberty for a period of up to two years or without it. "; 5), to supplement article 159-3 as follows: " Article 159-3. Payment card fraud 1. Fraud using payment cards; that is, embezzlement of other property committed using a forged or other person's credit, settlement or other payment card by means of deception of the authorized employee of the credit, of a trade or other organization,- shall be punished with a fine in the amount of up to one hundred and twenty thousand roubles, or in the amount of the wage or other income of the sentenced person for a period of up to one year, or compulsory works for up to three hundred sixty hours, or correctional labour for a period of up to one year, or restriction of liberty for The term of up to two years is either compulsory work for up to two years or an arrest for up to four months. 2. The same act, committed by a group of persons by prior agreement, or with the infliction of significant damage to a national, is punishable by a fine of up to three hundred thousand roubles, or in the amount of wages or other income of the convicted person. for a period of up to two years, or compulsory work for a period of up to four hundred and eighty hours, or correctional labour for a period of up to two years, or forced labour for up to five years, with or without restriction of liberty for a period of up to one year shall be punished by imprisonment for the term of up to five years. or without it. 3. The acts referred to in the first or second part of this article, committed by a person using their official position, or in large amounts,- shall be punishable by a fine in the amount of between 100,000 and five thousand roubles; or The amount of the wage or other income of the convicted person for a period of one year to three years or compulsory labour for up to five years, with a restriction of liberty for up to two years or without one, or imprisonment for a term of up to five years with a fine in the amount of up to eighty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months or without it, with a restriction of liberty for a period of up to one and a half years, or without it. 4. The acts referred to in part one, second or third of this article, committed by an organized group or in a particularly large amount- shall be punished by imprisonment for up to ten years with a fine of up to one million persons; shall be paid for up to three years or without a wage or other income of the convicted person, with no restriction of liberty for a period of up to two years or without it. "; 6) to supplement article 159-4 with the following content: " Article 159-4. Business fraud activity 1. Fraud involving a deliberate failure to perform contractual obligations in the business sphere- is punishable by a fine of up to five hundred thousand roubles, or in the amount of wages or other income of the convicted person for a period of up to one year or compulsory work for a period of up to two hundred forty hours, or restriction of liberty for a period of up to one year, or compulsory work for a period of up to one year, or imprisonment for the same period. 2. The same act committed in a large amount- shall be punished by a fine of up to one million rubles or a wage or other income of the convicted person for a period of up to two years, or by compulsory labour for up to three years, shall be punished by imprisonment for the same term, with or without restriction of liberty for the term of up to one year. 3. The same act committed in a particularly large amount- shall be punished with a fine of up to one million 50,000 rubles or other income of the convicted person for a period of up to three years, or forced labour for the same offence. A term of up to five years or a term of imprisonment of up to two years or less. "; 7) shall be supplemented by article 159-5, as follows: " Article 159-5. Insurance fraud 1. Insurance fraud, that is, theft of alien property by deceit as to the occurrence of an insurance event, as well as the amount of the insurance compensation payable in accordance with the law or the contract to the insured person or another person,- shall be punishable by a fine of up to 20,000 rubles or other income of a convicted person for a period of up to one year or compulsory work for a period of up to three hundred and sixty hours, or correctional labour for a period of up to one year or restriction of liberty for a period of up to two years, or forced labour for up to two years, or arrest for up to four months. 2. The same act, committed by a group of persons by prior agreement, or with the infliction of significant damage to a national, is punishable by a fine of up to three hundred thousand roubles, or in the amount of wages or other income of the convicted person. for a period of up to two years, or compulsory work for a period of up to four hundred and eighty hours, or correctional labour for a period of up to two years, or forced labour for up to five years, with or without restriction of liberty for a period of up to one year shall be punished by imprisonment for the term of up to five years. or without it. 3. The acts referred to in the first or second part of this article, committed by a person using their official position, or in large amounts,- shall be punishable by a fine in the amount of between 100,000 and five thousand roubles; or The amount of the wage or other income of the convicted person for a period of one year to three years or compulsory labour for up to five years, with a restriction of liberty for up to two years or without one, or imprisonment for a term of up to five years with a fine in the amount of up to eighty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months or without it, with a restriction of liberty for a period of up to one and a half years, or without it. 4. The acts referred to in part one, second or third of this article, committed by an organized group or in a particularly large amount- shall be punished by imprisonment for up to ten years with a fine of up to one million persons; shall be supplemented by articles 159-6, which read as follows: " (...) (...) " Article 159-6. Computer information fraud 1. Computer information fraud: theft of property or acquisition of a right to property through the introduction, removal, blocking, modification of computer information or other interference in the operation of funds the storage, processing or transmission of computer information or information and telecommunications networks,- is punishable by a fine of up to 20,000 rubles or other income or other income of the convicted person for the period up to One year or compulsory work for a period of up to three hundred and sixty hours, or -corrective labour for up to one year, or restriction of liberty for up to two years, or compulsory labour for up to two years, or arrest for a period of up to four months. 2. The same act, committed by a group of persons by prior agreement, or with the infliction of significant damage to a national, is punishable by a fine of up to three hundred thousand roubles, or in the amount of wages or other income of the convicted person. for a period of up to two years, or compulsory work for a period of up to four hundred and eighty hours, or correctional labour for a period of up to two years, or forced labour for up to five years, with or without restriction of liberty for a period of up to one year shall be punished by imprisonment for the term of up to five years. or without it. 3. The acts referred to in the first or second part of this article, committed by a person using their official position, or in large amounts,- shall be punishable by a fine in the amount of between 100,000 and five thousand roubles; or The amount of the wage or other income of the convicted person for a period of one year to three years or compulsory labour for up to five years, with a restriction of liberty for up to two years or without one, or imprisonment for a term of up to five years with a fine in the amount of up to eighty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months or without it, with a restriction of liberty for a period of up to one and a half years, or without it. 4. The acts referred to in part one, second or third of this article, committed by an organized group or in a particularly large amount- shall be punished by imprisonment for up to ten years with a fine of up to one million persons; The minimum wage or wage or other income of a convicted person up to three years or without it, with a restriction of liberty for up to two years or without it. "; 9), in article 303: (a) the name should be set out in the following article: editions: " Article 303. Falsification of evidence and results operational-search "; b) to be completed with Part Four, reading: " 4. Falsification of search results by a person authorized to conduct operational investigative activities for the purpose of criminal prosecution of a person known to be uninvolved in the commission of a crime or for the purpose of causing harm honour, dignity and business reputation- is punishable by a fine of up to three hundred thousand roubles, or in the amount of wages or other income of the convicted person for a period of up to twelve months, or by disqualification from holding certain positions or engage in certain activities for a period of up to five years or deprivation of of liberty for up to four years. ". Article 2 Paragraph 3 of article 15, paragraph 1, of the Federal Act of 12 August 1995 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3349; 2008, N 52, sect. 6248), amend to read: " If documents and (or) electronic media are confiscated during covert search operations, copies of the documents shall be produced and certified by the official; The information contained in the electronic media is copied to other electronic media, and the information contained in the electronic media is copied to other electronic media at the request of the legal holder of the electronic media Information provided by the legal owner of the seized electronic the media or the holder of the information contained therein. Copies of documents and (or) electronic media containing copies of the seized information are transferred to the person from whom the documents were seized, and (or) the legal owner of the seized electronic media or the holder of the information contained therein information about what is logged. In the event that it is not possible to produce copies of documents and (or) copy information from electronic media or to transfer them simultaneously with the deletion of documents and/or electronic documents The designated official shall transmit certified copies of the documents and (or) electronic media containing copies of the seized information to the person from whom the documents were seized and (or) the legal owner of the seized electronic data Information Media or holder of the information contained therein Five days of the Ambassador of the Exemption, which is the record in the record. When copying documents and (or) information contained in the electronic media, conditions shall be provided to preclude the loss or modification of documents and/or information. It is not permitted to copy documents and (or) information contained in the electronic media if it is likely to impede the operative search operation. ". Article 3 Amend Criminal Procedure Code of the Russian Federation (Collection of Russian legislation, 2001, N 52, p. 4921; 2002, N 22, sect. 2027; N 30, est. 3020, 3029; N 44, sect. 4298; 2003, N 27, sect. 2700, 2706; N 50, sect. 4847; 2004, N 27, sect. 2711; 2005, N 1, est. 13; 2006, N 28, sect. 2975, 2976; N 31, est. 3452; 2007, N 1, est. 46; N 16, est. 1827; N 24, sect. 2830, 2833; N 49, sect. 6033; N 50, sect. 6235, 6248; 2008, N 49, sect. 5724; 2009, N 11, est. 1267; N 44, st. 5170; 2010, N 1, est. 4; N 15, sect. 1756; N 17, sect. 1985; N 21, sect. 2525; N 27, st. 3416, 3431; N 30, est. 3986; N 31, st. 4164, 4193; N 49, sect. 6412; 2011, N 1, st. 16, 45, N 15, sect. 2039; N 23, st. 3259; N 29, est. 4286; N 30, sect. 4598, 4601, 4605; N 45, sect. 6334; N 50, sect. 7350, 7361, 7362; 2012, N 10, st. 1162, 1166; N 30, est. 4172; N 31, est. 4330, 4331, 4332), the following changes: 1) Part 3 of Article 20 should read: " 3. Criminal cases of a private and public prosecution are not aroused by the victim or his legal representative, but the cessation of the victim's reconciliation with the accused shall not be subject to the offence, except as provided for in article 25. of this Code. Criminal cases involving offences under article 131 of Part One, 132 Part One, 137 Part One, 138 Part One, 139 Part One, 145, 146 Part One, 147 Part One, 147 Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One, Part One OF THE PRESIDENT OF THE RUSSIAN FEDERATION and (or) the management of property belonging to it, used for business purposes, or if these offences are committed by a member of the business management body in connection with the exercise of the authority of the organization or in connection with the conduct of the business Organization of business or other economic activity, except in cases where the offence has been committed by a State or municipal unitary enterprise, a public corporation or a public company, commercial organization with direct participation in the statutory (warehousing) The capital (s) of the State or municipal education, or if the object of the crime was State or municipal property. "; 2), part of article 82, amend to read: " 2-1. After the urgent investigative actions are taken in the event that the electronic media confiscated during the course of the investigation cannot be returned to their rightful owner, the information contained on these media shall be copied to The request of the legal owner of the seized electronic media or the holder of the information contained therein. Copy of this information to other electronic media, provided by the legal owner of the seized electronic media or the holder of the information contained therein, is carried out with the participation of the legal owner of the seized information electronic media of information or the holder of information contained therein and/or their representatives and specialist in the presence of witnesses in the pre-trial investigation unit or in court. When you copy information, you must ensure that conditions are not lost or changed. Information should not be copied if it could prevent the investigation of a crime. Electronic media containing the copied information is transferred to the legal owner of the seized electronic media or the holder of the information contained therein. The copy of the information and the transfer of electronic media containing the copied information to the legal owner of the seized electronic media, or the holder of the information contained therein, is a protocol in the in accordance with the requirements of article 166 of the present Code. "; 3) in Part 1 of Article 108 of the figure" 159 "to read" 159 to 159-6 "; 4), paragraph 1 of part 3 of Article 150, after" 159 Part One, " with the words " 159-1 part one, 159-2 part one, 159-3 part one, 159-4 pieces First, 159 to 5 part one, 159 to 6 part one, "; 5) in article 151: (a), paragraph 3 of Part Two, after" 159 Parts of the Second, ", to be supplemented with the words" 159-1 Parts Two-Four, 159-2 Parts of the Second-Fourth, " 159-3 parts of the second-fourth, 159-4 parts of the second and third, 159-5 parts of the second, 159-6 parts of the second-fourth, "; b) fifth after the words" 159 parts of the fourth, "with the words" 159-1 parts of the second Fourth, 159-2 parts of the second-fourth, 159-3 parts of the second-fourth, 159-4 parts Second and third, 159 to 5 parts of the second-fourth, 159-6 parts of the second-fourth, "; 6) of article 182, after the words" legitimate owner of electronic media ", to be supplemented by the words" or the holder of the contained "or the holder of the information contained therein" after the words "legitimate holder of the information contained therein", after the words "legitimate owner of the electronic media" "or the holder of the information contained therein"; 7) Part of article 183, after the words "legitimate owner of electronic media", would be supplemented by the words "or the holder of the information contained therein" after the words "legitimate owner of the electronic media" In the words "or the holder of the information contained therein", after the words "legitimate owner of electronic media", add the words "or the holder of the information contained therein". Article 4 Paragraph 1 of article 7.27 of the Code of Administrative Offences of the Russian Federation (Legislative Assembly Russian Federation, 2002, 1; N 44, sect. 4298; 2003, N 50, sect. 4847; 2007, N 26, est. 3089; 2008, N 20, sect. 2259), amend to read: " Kidnapping of foreign property through theft, fraud, appropriation or embezzlement in the absence of evidence of crimes covered by parts two, three and four of article 158, part two, article 159, paragraphs 3 and 4, of article 159-1, parts two, three and four of article 159-2, parts two, three and four of article 159-3, parts two and three of article 159-4, parts two, three and fourth article 159-5, Parts Two, Three and 4, 159-6 and Parts The second and third articles of the Criminal Code of the Russian Federation, ". President of the Russian Federation Vladimir Putin President of the Russian Federation, the Kremlin November 29, 2012 N 207-FZ