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

Original Language Title: О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERAL ACT amending the Penal Code of the Russian Federation and the code of criminal procedure of the Russian Federation adopted by the State Duma on June 21, 2016 year approved by the Federation Council June 29, 2016 year Article 1 amend the Penal Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 25, text 2954; 1998, no. 26, art. 3012; 1999, no. 28, art. 3491; 2001, no. 47, art. 4404; 2002, no. 10, art. 966; # 26, art. 2518; 2003, no. 50, art. 4848; 2007, no. 16, art. 1822; 2009, no. 44, art. 5170; 2010, no. 1, art. 4; # 15, art. 1756; # 31, art. 4193; 2011, no. 11, art. 1495; # 29, art. 4291; # 30, art. 4598; No. 50, art. 7362; 2012, no. 49, St. 6752; 2013, no. 26, art. 3207; # 51, art. 6685; 2014, no. 30, art. 4278; No. 52, art. 7541; 2015, no. 1, art. 83; # 24, art. 3367; # 29, art. 4354; 2016, no. 18, art. 2515) as follows: 1) part two of article 76-1 shall be amended as follows: "2. a person who for the first time commits an offence provided for in article 170-2, the first part of article 171, paragraph 1 and article 1 first-171-1, part one of article 172, articles 176, 177, part one of article 178, paragraphs 1-3 of article 180, paragraphs 1 and 2 of article 185, article 185-1, part one of article 185-2, the first part of article 185-3 , part one of article 185-4, part one of article 185-6, part one of article 191 article 192, paragraph 1 and first-1 article 193, paragraphs 1 and 2 of article 194, 195-197 and 199-2 of this code is released from criminal liability if reimbursed damage caused to a citizen, the organization or the State of the offence, and transferred to the federal budget, monetary compensation in the amount of twice the amount of damage or transferred to the federal budget income received as a result of the offence, and a monetary indemnity in the amount of twice the amount of income received as a result of the offence, or transferred to the federal budget a sum of money equivalent to the size of the losses avoided as a result of the offence, and monetary compensation in the amount of twice the amount of losses avoided as a result of the offence, or transferred to the federal budget amount equivalent to the size of the Act, provided for in the corresponding article of the special part of this code, and monetary compensation in the amount of twice this amount. ";
2) Article 159-1: a) the second part of the third paragraph the words "imprisonment for a term not exceeding five years" shall be replaced with "deprivation of liberty for a term not exceeding six years";
b) in footnote numbers "159-4," should be deleted;
3) in paragraph two of part three article 159-2 words "imprisonment for a term not exceeding five years" shall be replaced with "deprivation of liberty for a term not exceeding six years";
4) Article 159-3: a) in paragraph two of part two of the word "imprisonment for a term not exceeding four years" were replaced by the words "imprisonment for a term not exceeding five years";
b) in paragraph two of part 3, the words "imprisonment for a term not exceeding five years" shall be replaced with "deprivation of liberty for a term not exceeding six years";
5) Article 159-4 recognize lapsed;
6) Article 159-5: a) in paragraph two of part two of the word "imprisonment for a term not exceeding four years" were replaced by the words "imprisonment for a term not exceeding five years";
b) in paragraph two of part 3, the words "imprisonment for a term not exceeding five years" shall be replaced with "deprivation of liberty for a term not exceeding six years";
7) Article 159-6: a) in paragraph two of part two of the word "imprisonment for a term not exceeding four years" were replaced by the words "imprisonment for a term not exceeding five years";
b) in paragraph two of part 3, the words "imprisonment for a term not exceeding five years" shall be replaced with "deprivation of liberty for a term not exceeding six years";
8) Note to article 169 shall be reworded as follows: "Note. Major damage in this article recognizes the damage, the amount of which exceeds one million five hundred thousand rubles. ";
9) article 170-2 supplement the note as follows: "Note. Articles of this chapter, with the exception of article 169, third-sixth article 171-1, articles 171-2, 174, 174-1, 178, 180, 185-185-4, 185-191, 6-1, 193, 193-1, 194, 198-199-1, 200-1, 200-2 and 200-3, large size, large damage, income or debt on a large scale are recognized as costs, damages, income or debt in an amount exceeding two million two hundred and fifty thousand rubles, and particularly major-nine million rubles. ";
10) in article 171-1: a) Supplement part one-1 as follows: "1-1. The same acts committed by a group of persons by prior conspiracy, punishable by a fine of 100,000 to 300,000 roubles or the salary or other income of the convicted person for a period of one to three years hard labour for a term not exceeding four years, or by deprivation of liberty for the same period with a fine not exceeding one hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of up to one year without notice. ";
b) part II shall be amended as follows: "2. the acts referred to in paragraph 1 of this article committed: (a)) by an organized group;
b) on a large scale,

shall be punished by a fine ranging from two hundred thousand to five hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of one to three years hard labour for a term not exceeding five years, or deprivation of liberty for up to six years and a fine of up to one million rubles or the equivalent of the salary or other income of the convicted person for a period of up to five years or without thereof. ";
in paragraph 1 of the notes) shall be amended as follows: "1. The biggest size in parts 3 and 4 of this article recognizes the value of unmarked foodstuffs exceeding four hundred thousand rubles, and particularly major-one million five hundred thousand rubles.";
11) Article 171-2 supplement the note as follows: "Note. Income on a large scale in this article recognizes revenue, the amount of which exceeds one million five hundred thousand roubles, and on a large scale to six million rubles. ";
12) article 180: a) part three shall be amended as follows: "3. The acts referred to in paragraphs 1 and 2 of this article, if committed by a group of persons by prior conspiracy shall be punished by a fine ranging from two hundred thousand to hundred thousand roubles or the salary or other income of the convicted person for a period of eighteen months to three years hard labour for a term of up to four years or deprivation of liberty for the same period with a fine not exceeding one hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of up to one year without notice. ";
b) Supplement part 4 to read as follows: "4. The acts referred to in paragraphs 1 and 2 of this article committed by an organized group, shall be punishable by a fine ranging from five hundred thousand to one million rubles or the equivalent of the salary or other income of the convicted person for a period of three to five years hard labour for a term not exceeding five years, or deprivation of liberty for up to six years and a fine of up to 500,000 rubles or the equivalent of the salary or other income of the convicted person for the period up to three years or not. ";
13) in article 185: and) part II shall be amended as follows: "2. The same acts committed by a group of persons pursuant to prior agreement, shall be punishable by a fine of between one hundred thousand and four hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of one year to two years hard labour for a term not exceeding one year, or deprivation of liberty for the same period.";
b) Supplement part 3 as follows: "3. the acts referred to in paragraph 1 of this article committed by an organized group, shall be punishable by a fine of one hundred thousand to five hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of one to three years hard labour for up to three years or imprisonment for the same term.";
in) Note to read as follows: "Note. Major damage, a large income in articles 185, 185-1, 2-185 and 185-4 of this Code recognizes the damage in the amount of income exceeding one million five hundred thousand roubles, and on a large scale, three million seven hundred and fifty thousand rubles. ";
14) paragraph 1 of the notes to article 185-3 shall be amended as follows: "1. Major damage, excessive income, losses on a large scale in this article recognizes damage excess income, damages in an amount exceeding three million seven hundred and fifty thousand rubles, and in especially large size-fifteen million rubles.";
15) Note to article 185-6 shall be amended as follows: "Note. Major damage, income, losses on a large scale in this article are recognized as expense, income, damages in an amount exceeding three million seven hundred and fifty thousand rubles. ";
16) Note to article 191-1 shall be amended as follows: "Note. The acts referred to in this article shall be accepted in large scale if the value of illegally harvested timber, calculated according to rates approved by the Government of the Russian Federation, is greater than eighty thousand rubles, and in large-two hundred thirty thousand rubles. ";
17) Article 193: and) Supplement part one-1 as follows: "1-1. The same acts committed by a group of persons pursuant to prior agreement, shall be punishable by a fine amounting from three hundred thousand to five hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of two to three years hard labour for a term not exceeding four years, or by deprivation of liberty for the same period. ";
b) part two: the first paragraph shall be reworded as follows: "2. the acts referred to in paragraph 1 of this article committed:";
item b shall be amended as follows: "b) organized group";
in) Note to read as follows: "Note. The acts referred to in this article shall be accepted in large amounts if the amount unapplied or unpaid monetary funds in foreign currency or in the currency of the Russian Federation on once or on repeatedly over one year held currency transactions exceeding nine million rubles, and in large-forty five million rubles. ";
18) Note to article 193-1 shall be amended as follows:

"Note. The acts referred to in this article shall be accepted in large amount, if the amount of illegally transferred monetary funds in foreign currency or in the currency of the Russian Federation on once or on repeatedly over one year held currency transactions exceeding nine million rubles, and in large-forty five million rubles. ";
19) Note to article 194 shall be reworded as follows: "Note. Evasion of payment of customs payments shall be deemed to have been committed on a large scale, if the amount of unpaid customs duties for goods moved across the customs border of the Eurasian Economic Union, including one or more commodity shipments exceeds 2 million rubles, and in particularly large amounts to six million rubles. ";
20) paragraph 1 of the notes to article 198 shall be amended as follows: "1. The biggest size in this article shall be the amount of taxes and/or fees, amounting to over a period of three fiscal years in a row, more than nine hundred thousand rubles, provided that the proportion of unpaid taxes and/or fees exceed 10 per cent of the amounts of taxes payable and (or) fees or exceeding two million and seven hundred thousand rubles and especially larger-amount for a period of three fiscal years in a row over four million five hundred thousand rubles, provided that the proportion of unpaid taxes and/or fees exceeds 20 per cent of the amounts of taxes payable and (or) fees or exceeding thirteen million five hundred thousand rubles. ";
21) paragraph 1 of the notes to article 199 shall be reworded as follows: "1. The biggest size in this article and in article 199-1 of this code shall be the amount of taxes and/or fees, amounting to over a period of three fiscal years in a row for more than five million rubles, provided that the proportion of unpaid taxes and/or fees exceeds 25 per cent of the amounts of taxes payable and (or) fees or in excess of fifteen million rubles, and especially larger-amount for a period of three fiscal years in a row, more than 15 million rubles, provided that the proportion of unpaid taxes and/or fees exceeds 50 per cent of the amounts of taxes payable and (or) fees or exceeding forty five million rubles. "
Article 2 to amend the code of criminal procedure of the Russian Federation (collection of laws of the Russian Federation, 2001, no. 52, p. 4921; 2002, no. 22, art. 2027; # 30, art. 3020, 3029; No. 44, art. 4298; 2003, no. 27, art. 2700, 2706; No. 50, art. 4847; 2004, no. 27, art. 2711; 2005, no. 1, art. 13; 2006, no. 28, art. 2975, 2976; # 31, art. 3452; 2007, no. 1, art. 46; # 16, art. 1827; # 24, art. 2830, 2833; # 49, St. 6033; No. 50, art. 6248; 2008, no. 49, St. 5724; 2009, no. 11, art. 1267; No. 44, art. 5170; 2010, no. 1, art. 4; # 15, art. 1756; # 17, art. 1985; # 21, art. 2525; # 27, art. 3416, 3431; # 30, art. 3986; # 31, art. 4164, 4193; # 49, St. 6412; 2011, no. 1, art. 16, 45; # 15, art. 2039; # 23, art. 3259; # 29, art. 4286; # 30, art. 4598, 4601, 4605; No. 45, art. 6334; No. 50, art. 7350, 7361, 7362; 2012, no. 10, art. 1162, 1166; # 30, art. 4172; # 31, art. 4330-4332; # 47, St. 6401; # 49, St. 6752; # 53, art. 7634, 7637; 2013, no. 7, art. 608; # 9, art. 875; # 26, art. 3207; # 27, art. 3442, 3478; # 30, art. 4028, 4078; No. 44, art. 5641; # 51, art. 6685, 6696; No. 52, art. 6945, 6997; 2014, no. 19, art. 2303, 2310, 2333; # 23, art. 2927; # 26, art. 3385; # 30, art. 4219, 4246, 4259, 4278; # 43, St. 5792; No. 48, art. 6651; 2015, no. 1, art. 47, 81, 83, 85; No. 6, art. 885; # 21, art. 2981; # 24, art. 3367; # 29, art. 4354, 4391; 2016, no. 1, art. 57, 60, 61; # 14, art. 1908) as follows: 1) in the third part of article 20, the words "articles 159-159-6" should be replaced by the words "articles 159-159-3, 159-5, 159-6";
2) part three of article 28-1 shall be amended as follows: "3. the Court, investigator with the consent of the head of the investigative body or person conducting an initial inquiry, with the consent of the Prosecutor discontinues criminal proceedings against persons suspected or accused of having committed an offence referred to in articles 170-2, 171 part 1, 171-1 parts first and first-1, 172, 176, paragraph 1, 177, 178, 180, paragraph 1 parts one-third, 185 parts one and two , 185-1, 185-2 part 1, 185-3 part one, 185-4 part one, 185-191, paragraph 1 6, part one, 192, 193 parts first and first-1, parts 1 and 2 of 194, 195-197 and 199-2 of the Criminal Code of the Russian Federation, in the presence of grounds referred to in articles 24 and 27 of the present code and in the cases provided by paragraph 2 of article 76-1 of the Criminal Code of the Russian Federation. ";
3) part four article 46 shall be amended with paragraph 3-1 as follows: "3-1) since the preventive measure of remand detention or house arrest unrestricted visits and their number and the duration of the notary in order to verify the power of Attorney for the right to represent the interests of the suspect in the area of entrepreneurship. When it is forbidden to notarial actions in respect of property, cash and other valuables that can be seized in cases stipulated by this code ";
4) part four article 47 shall be amended with paragraph 9-1 to read as follows:

"9-1) since the preventive measure of remand detention or house arrest unrestricted visits and their number and the duration of the notary in order to verify the power of Attorney for the right to represent the interests of the accused in the business sector. When it is forbidden to notarial actions in respect of property, cash and other valuables that can be seized in cases stipulated by this code ";
5) Part 13 of article 107 shall be amended as follows: "13. Meeting of the suspect or the accused, under house arrest in complete isolation from society, with counsel, the legal representative, as well as a notary in order to verify the power of Attorney for the right to represent a suspect or accused in business are held in place of the execution of this measure. ";
6) in the first part-1 of article 108, the words "articles 159-159-6" should be replaced by the words "articles 159-159-3, 159-5, 159-6";
7) in paragraph 1 of part 3 of article 150 of the word "159-4 part one," should be deleted;
8) Article 151: a) in paragraph 3, the words "part two, 159-4 parts of the second and third," delete the words ", 171-1 parts of the second, fourth and sixth" were replaced by the words "171-1 parts 1-1, second, fourth and sixth 180", the words "part 3 of" were replaced by the words "180 parts of the third and fourth";
b) in section 5, the words "159-4 parts of the second and third," delete the words ", 171-1 parts of the second, fourth and sixth" were replaced by the words "171-1 parts 1-1, second, fourth and sixth.
Article 1, paragraph 6 article 3 of the Federal law dated November 29, 2012 year no. 207-FZ "on amendments to the Criminal Code of the Russian Federation and certain legislative acts of the Russian Federation" (collection of laws of the Russian Federation, 2012, no. 49, p. 6752) shall be invalidated.
The President of the Russian Federation v. Putin Moscow, Kremlin, no. 325 July 3, 2016-FZ

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