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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 LAW On Amendments to the Criminal Code of the Russian Federation and Code of Criminal Procedure of the Russian Federation Duma June 21, 2016 Approved by the Federation Council on June 29, 2016 Article 1 Amend the Criminal Code of the Russian Federation Russian Federation (Legislative Assembly of the Russian Federation) Russian Federation, 1996, No. 25, Art. 2954; 1998, No. 26, est. 3012; 1999, No. 28, sect. 3491; 2001, No. 47, sect. 4404; 2002, No. 10, sect. 966; No. 26, est. 2518; 2003, No. 50, sect. 4848; 2007, No. 16, est. 1822; 2009, No. 44, sect. 5170; 2010, No. 1, sect. 4; No. 15, sect. 1756; No. 31, sect. 4193; 2011, No. 11, sect. 1495; no. 29, sect. 4291; No. 30, sect. 4598; No. 50, sect. 7362; 2012, No. 49, sect. 6752; 2013, No. 26, est. 3207; No. 51, sect. 6685; 2014, No. 30, sect. 4278; No. 52, sect. 7541; 2015, No. 1, est. 83; No. 24, sect. 3367; No. 29, Art. 454; 2016, No. 18, No. 2515) The following changes: 1) Part 2 of Article 76-1, amend to read: " 2. A person who first commits an offence under articles 170-2, part one, article 171, first and first article 171-1, part one of article 172, articles 176, 177, part one of article 178, parts one to third article 180, parts article 185, article 185-1, part one, article 185-2, part one, article 185-3, article 185-4, part one, article 185-4, part one, article 191, part one, article 191, part one, article 191, article 192, part one, and article 193, part one, and article 193, part one, and the first and second articles, article 193, paragraph 1, of article 185-1. articles 195 to 197 and 199 to 2 of the present Code shall be exempted from criminal penalties. If the damage caused to a national, the organization or the State was compensated by the commission of the offence, and transferred to the federal budget a monetary compensation equivalent to twice the amount of the damage caused, or transferred it to the federal budget. The federal budget income derived from the commission of the crime and the monetary compensation of two times the amount of income derived from the commission of the offence or transferred to the federal budget the equivalent of the amount equivalent to that of The amount of damages avoided as a result of the offences, and monetary compensation in the amount of two times the amount of loss which was avoided as a result of the commission of the offence, or transferred to the federal budget a sum equivalent to the amount of the act committed in the relevant article of the Special Part of this Code and monetary compensation in double the amount of that amount. "; (2) in article 159-1: (a) in the second part of the third sentence, by" up to five years ' imprisonment ", replace "Depriation of liberty for up to six years"; b) in the note "159-4," delete; 3) in the second part of the third article 159-2, the words "imprisonment for a term of up to five years" shall be replaced by the words "deprivation of liberty for up to six years"; 4) in article 159-3: (a) in the second part "shall be punished by imprisonment for the term of up to five years". "; 5) Article 159-4 to recognize no force; 6) in the article 159-5: (a) In the second part of the second sentence, replace the words "imprisonment for a term of up to four years" with "deprivation of liberty for up to five years"; b) in the second part of the third word "imprisonment for up to five years" Replace the words "deprivation of liberty for up to six years"; (7) in article 159-6: (a) in the second part of the second word "imprisonment for a term of up to four years" shall be replaced by the words "up to five years ' imprisonment"; (b) In the second part of the third sentence, replace the words "by imprisonment for a term of up to five years" with "Depriation of liberty for up to six years"; 8) Note to Article 169, amend to read: " Note. A major damage in this article is the damage that exceeds one million five hundred thousand roubles. "; 9) Article 170-2 should be supplemented with the following Note: " Note. In the articles of this chapter, except article 169, parts three to six of article 171-1, articles 171-2, 174, 174-1, 178, 180, 185-185-4, 185-6, 191-1, 193, 193-1, 194, 198-199-1, 200-1, 200-2 and 200-3, large size, major damage, income or Large amounts of debt are recognized as cost, damage, income or debt in excess of two million roubles, and a particularly large sum of nine million roubles. "; 10) in article 171-1: (a) add the following content to Part 1: " 1-1. The same acts committed by a group of persons by prior agreement- shall be punished by a fine of between 100,000 rubles and three hundred thousand rubles, or in the amount of wages or other income of the convicted person for a period of one to three years, or shall be forced to work for up to four years or by imprisonment for the same period with a fine of up to 100 thousand rubles, or in the amount of the wage or other income of the convicted person for a period of up to one year or without it. "; b) part The second is to read: " 2. The acts provided for in the first part of this article, committed by: a) by an organized group; b) in a particularly large size,- shall be punished by a fine in the amount of two hundred thousand to five thousand roubles or in the amount of shall be punished by imprisonment for the term of up to five years, or imprisonment for the term of up to five years with a fine of up to 1 million rubles. or other income of the convicted person up to five years or without it. "; in) Paragraph 1 of the notes should read: " 1. The large size of parts three and four of this article recognizes the value of unmarked foods greater than four hundred thousand roubles, and especially large-one million five hundred thousand roubles. "; Add the following note: " Note. A large income in this article recognizes an income of more than one million five hundred thousand roubles and, in a particularly large amount, six million roubles. "; 12) in article 180: (a) Part Three, , to read: " 3. The acts referred to in the first or second part of this article by a group of persons by prior agreement- shall be punished by a fine in the amount of two hundred thousand to four hundred thousand roubles or in the amount of wages or intuition. The income of the convicted person is from eighteen months to three years, or by compulsory labour for up to four years, or by imprisonment for the same period with a fine of up to 100 thousand rubles or salary or other income Convicted persons up to one year or less. "; b) to be completed by Part Four , to read: " 4. The acts referred to in the first or second part of this article, committed by an organized group,- shall be punished by a fine of between 5 thousand and 1 million rubles, or in the amount of wages or other income of the convicted person. shall be punished by imprisonment for the term of up to five years, or imprisonment for the term of up to five years with a fine of up to five thousand rubles, or by imprisonment for the term of up to five years. or without it. "; 13) in article 185: (a) Part Two, reading: " 2. The same acts committed by a group of persons by prior agreement- shall be punished by a fine of between 100,000 and 400,000 rubles ($), or in the amount of wages or other income of the convicted person for a period of one to two years, by hard work for up to one year or by imprisonment for the same period. "; b) to be supplemented with a third reading: " 3. The acts referred to in paragraph 1 of this article by an organized group- shall be punished by a fine in the amount of 100,000 to 5,000 roubles or the amount of the wage or other income of the convicted person. One year to three years, or forced labour for up to three years, or imprisonment for the same period. "; in), the note should read: " Note. The damage, income in large amounts in articles 185, 185-1, 185-2 and 185-4 of this Code is recognized as damage, income in excess of one million five hundred thousand roubles, and in a particularly large sum, three million seven hundred and fifty thousand roubles. "; 14) paragraph 1 of the notes to article 185 to 3 should read: " 1. The damage, the excess of income, the excess of income, the loss in the amount of more than three million seven hundred and fifty thousand roubles, and in a particularly large amount of fifteen million roubles, is recognized as a major damage in this article. " 15) Note to Article 185-6, amend to read: " Note. The major damage, income, and large damages in this article are recognized as damage, income, loss in an amount exceeding three million seven hundred and fifty thousand roubles. "; (16) Note to Article 191-1, amend to read: " Note. The acts referred to in this article shall be deemed to have been committed in a large amount if the value of illegally harvested timber, calculated by the Government of the Russian Federation, approved by the Government of the Russian Federation, exceeds eighty thousand rubles and in particular a large one-two hundred and thirty thousand roubles. "; 17) in article 193: (a) should be supplemented with the following content: " 1-1. The same acts committed by a group of persons by prior agreement- shall be punished by a fine of 300 thousand to five thousand roubles, or in the amount of the wage or other income of the convicted person for a period of two to three years, or forced labour for up to four years or imprisonment for the same period. "; b) in Part Two: the first paragraph should read: " 2. The acts provided for in paragraph 1 of this article are: "; paragraph" b "should read: " b) by an organized group; "; ) the note should read: " Note. The acts referred to in this article shall be deemed to have been committed in a large amount if the sum of unassessed or unreturned funds in foreign currency or of the currency of the Russian Federation is repeated on several occasions or on several occasions for a period of one period. "The currency transactions conducted exceeded nine million rubles, and in a particularly large amount-forty-five million rubles." The acts referred to in this article shall be deemed to have been committed in a large amount if the amount of the illegally transferred funds in foreign currency or currency of the Russian Federation is one or more times for a period of one year. Foreign exchange transactions exceeded nine million rubles, and in a particularly large amount-forty-five million roubles. ";" 19 "the note to article 194 should read: " Note. The payment of customs duties is recognized to be done in large part if the amount of unpaid customs payments for goods moved across the customs border of the Eurasian Economic Union, including one or more goods It is noted that the parties have more than two million rubles, and in a particularly large amount-six million rubles. "; 20), paragraph 1 of the notes to Article 198 should be restated: " 1. A large amount in this article is the amount of taxes and (or) charges, which is more than nine hundred thousand roubles for a period of three consecutive financial years, provided that the share of unpaid taxes and/or fees exceeds 10 per cent of the sum of taxes and/or taxes exceeding two million 700 thousand rubles, and a particularly large sum-the sum of more than four million roubles for the period within three financial years in a row, provided that that the share of unpaid taxes and/or fees exceeds 20 per cent of the sums due taxes and (or) fees or more than thirteen million 500 thousand roubles. "; 21) paragraph 1 of the notes to article 199 should read: " 1. A large amount in this article, as well as in Article 199-1 of this Code, is the amount of taxes and (or) charges, which amount to more than five million roubles for a period of three consecutive financial years, provided that the share of unpaid taxes and taxes is increased. (or) fees exceed 25 per cent of the tax and/or fees payable, or more than fifteen million roubles, and a particularly large sum is the sum of more than US$ 15 million for a period of three fiscal years in a row In total, the share of unpaid taxes and/or fees exceeds 50 per cent of taxes and/or taxes to be paid in excess of 45 million roubles. ". Article 2 Article 2 Amend 1) in the third article 20 of the word "Articles 159 to 159-6" shall be replaced by the words "Articles 159 to 159-3, 159-5, 159-6"; (2) Part 3 of article 28-1, amend to read: " 3. The Court, as well as the investigator with the consent of the head of the investigative body or the person conducting the initial inquiry, with the consent of the procurator, shall terminate the criminal proceedings against a person suspected or accused of having committed an offence under articles 170-2, 171 Part One, 171-1 parts of the first and First 1, 172 part one, 176, 177, 178 part of the first, 180 parts of the first, 185 parts of the first and the second, 185-1, 185-2 parts of the first, 185-4 part one, 185-6 part one, 185-6 part one, 191 Part one, 192, 193 parts of the first and first one, 194 parts of the first and the second, 195-197, and 199-2 of the Criminal Code of the Russian Federation, subject to the grounds provided for in articles 24 and 27 of this Code and in the cases provided for in article 76, paragraph 2, of the Criminal Code of the Russian Federation. "; Article 46 to supplement paragraph 3-1 as follows: " 3-1) from the moment of choosing a preventive measure in the form of detention or house arrest without restriction of their number and duration with a notary for the purposes of a certificate power of attorney to represent the interests of the suspect in the business. In doing so, it is prohibited to perform notarial actions on property, money and other values which may be seized in the cases provided for in this Code; "; 4) Part 4 of Article 47. 9-1 to read: " 9-1) from the moment of choosing a measure of restraint in the form of detention or house arrest, to have visits without limiting their number and duration with a notary to certify the power of attorney The right to represent the interests of the accused in the area of business. In doing so, it is prohibited to perform notarial actions in respect of property, money or other values which may be seized in the cases provided for in this Code; "; 5) of the thirteenth article 107, set out in the , to read: " 13. Meetings of the suspect or accused person under house arrest in conditions of complete isolation from society, with counsel, legal representative, and with a notary to certify the power of attorney to represent the interests Suspects or accused in the sphere of entrepreneurial activity shall be held at the place of execution of the measure of restraint. "; 6) in Part 1 of Article 108 of the word" Articles 159 to 159-6 "shall be replaced by the words" Articles 159 to 159-3, 159-5, 159-6 "; 7) in paragraph 1 of part three of article 150, the words "159-4 Part One," should be deleted; 8) in article 151: a) in paragraph 3 of the second part of the second and third words, delete, the words "171-1 parts of the second, fourth and sixth" shall be replaced by the words "171-1 parts 1, 2, 4 and 6", the words " 180 Part Three Replace the words "180 parts of the third and fourth" with the words "159-4 parts of the second and third," delete, the words "171-1 parts of the second, fourth and sixth" shall be replaced by the words " 171-1 parts of the first 1, second, " (...) (...) Article 3, Paragraph 6 of Article 1 of the Federal Law of 29 November 2012, No. 207-FZ " On amendments to the Criminal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION " (6752) to be declared invalid. President of the Russian Federation Vladimir Putin Moscow, Kremlin 3 July 2016 No. 325-FZ