Theft or extortion of weapons, ammunition, explosives and explosive...

Theft or extortion of weapons, ammunition, explosives and explosive devices

1. Theft or extortion of firearms, components to it, ammunition, explosives or explosive devices -

is punishable by deprivation of liberty for a term of three to seven years.

2. Theft or extortion of nuclear, chemical or other types of weapons of mass destruction, as well as materials or equipment that can be used to create weapons of mass destruction -

shall be punished by imprisonment for a term of five to ten years with restriction of freedom for a period of up to one year or without it (harm of Federal Law No. 377-FZ of 27 December 2009) (part the second in the edition of the Federal Law No. 48-FZ of 07.05.2002).

3. Acts stipulated in parts one or two of this article, if they are committed:

a) by a group of persons by prior agreement;

b) has expired. - Federal Law No. 162-FZ of 08.12.2003 ;

c) a person using his/her official position;

d) with the use of violence that is not life-threatening or health-threatening, or with the threat of such violence -

shall be punished by imprisonment for a term of five to twelve years with a fine of up to five hundred thousand rubles or in 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 restraint of liberty for up to two years or without it (as amended by Federal Law No. 162-FZ of 08.12.2003, No. 377-FZ of December 27, 2009).

4. Acts stipulated by parts one, two or three of this article, if they are committed:

a) by an organized group

b) with the use of violence dangerous to life or health, or the threat of such violence (

),

c) has expired. - Federal Law of 08.12.2003 No. 162-FZ

shall be punished by imprisonment for a term of eight to fifteen years with a fine of up to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to three years, or without it and with restraint of liberty for up to two years or without it (as amended by Federal Law No. 162-FZ of 08.12.2003, No. 377-FZ of December 27, 2009). 1

1. The object of the crime is public safety in the sphere of circulation of weapons (including mass destruction), ammunition, explosives and explosive devices, materials or equipment that can be used to create weapons of mass destruction.

2. The concepts of the crime subject: of firearms, ammunition, explosives and explosive devices are disclosed in the comment, to art. 222, the concept of accessories to firearms - in the comments, to art. 223, the concepts of nuclear, chemical, biological and other types of weapons of mass destruction, materials or equipment that can be used to create weapons of mass destruction - in a comment, to art. 225.

Decriminalization of the actions connected with illegal circulation of the civil smooth-bore arms and ammunition to it, provided by art. 222, is not applicable to Art. 226.

3. The objective side of the crime is expressed in the theft or extortion of these items.

Theft of the objects mentioned in the article can be committed in various ways: by theft, fraud, misappropriation, embezzlement, robbery, robbery (see comment, to article 158-162).

The concept of

extortion is disclosed in the comment, to art. 163.

4. For the purposes of the law, the theft of weapons, components, ammunition, explosives or explosive devices, which are terminated by theft, must be understood as unlawful possession of them by any means with the intention of the person to appropriate the stolen goods or hand them over to another person, at its discretion in another way (paragraph 13 of the Resolution of the Plenum of the US Armed Forces No. 5 of March 12, 2002).

Theft of firearms, components to it, ammunition, explosives or explosive devices by robbery (paragraph 4 of the article being commented) should be considered "finished" from the moment of the attack with the aim of possession of these objects, connected with violence, dangerous for the life and health of the victim, or the threat of such violence.

Extortion is considered finished from the moment of expression specified in Art. 163 CC threat.

5. Theft of the components and parts of ammunition containing explosives or explosive devices (fuses, detonators, fuses, etc.) should be classified according to art. 226 as a completed theft of explosives or explosive devices.

6. If a person has stolen firearms that are unusable for functional use, accessories to him, ammunition, explosives or explosive devices, being mistaken about their quality and believing that they are serviceable, the offense should be qualified as an attempt to steal firearms, component parts to it, ammunition , explosives or explosive devices.

7. The criminal liability for the article in question comes in cases of theft of firearms, component parts to it, ammunition, explosives or explosive devices from state or other enterprises or organizations, as well as from individual citizens who owned them legitimately or illegally.

8. The destruction, abandonment of the crime scene or the return of stolen weapons after their use for the commission of other unlawful acts or for other purposes is not grounds for the person to be released from responsibility for the theft of weapons.

9. A person found guilty of stealing weapons does not bear additional responsibility for the loss, destruction or damage to these weapons.

10. Considering that illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition, explosives or explosive devices are independent crimes, the theft of listed items and their subsequent carrying, storage or sale form a real set of crimes provided for Art. 226 and 222 of the Criminal Code (paragraph 17 of the Resolution of the Plenum of the US Armed Forces No. 5 of March 12, 2002).

11. In cases of theft or extortion of firearms, component parts to it, ammunition, explosives or explosive devices, as well as their carrying, storage, acquisition and fabrication for the purpose of committing another crime, the offense must be qualified as a set of completed theft or extortion of weapons, ammunition, explosives or explosive devices, their illegal carrying, storage, acquisition or manufacture and preparation for the commission of another crime if the responsibility for this is provided for by law.

12. The notions group of persons by prior agreement or organized group (item " ch.Sip. part 4 of the commented article) are disclosed in comments, . 35.

13. On the notion of violence that is not dangerous to life or health, or the threat of such violence (paragraph 3 of the commented article), see the comment to art. 161, but about the notion of violence dangerous to life or health, or the threat of such violence (p. B. Part 4 of the article being commented), see the comment to art. 162.

Theft or extortion of firearms or other items associated with murder, in addition to Part 4 of the article should be qualified under Art. 105 of the Criminal Code.

14. Theft of weapons, components to it, ammunition, explosives or explosive devices by a person using his official position (paragraph "in" part 3 of the article) should be considered theft of them as a person who is endowed official powers related to the circulation of weapons, in particular its use, production, accounting, storage, transfer, seizure, etc., and the person to whom they are issued personally and for a certain period of time for the performance of special duties (hour, police, watchman or collector during the performance of their official duties, etc.).

15. The desertion of a serviceman with weapons entrusted to him in the service, in the absence of signs of theft of weapons in his actions, is qualified only in accordance with Part 2 of Art. 338 of the Criminal Code. If there are signs of theft of weapons in the act, the actions of the perpetrator must be qualified according to the aggregate of crimes provided for in the article under article and in Part 2 of Art. 338 (paragraph 20 of the Resolution of the Plenum of the US Armed Forces No. 5 of March 12, 2002).

16. From the subjective side the crime in question is characterized by direct intent.

If it is established in the case that the intent of persons in the armed assault was aimed at capturing the money and other valuable property of the victims, there was no preliminary agreement between the attackers on the theft of weapons and ammunition that only one of the perpetrators did (the excess of the perpetrator ), the responsibility of the remaining accomplices of the robbery is excluded from the commented article.

17. A crime may be a responsible person who has reached the age of 14

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