Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 10 страница

 

2. Interference in any form with the activity of a prosecutor, investigator, or a person carrying out an inquest, for the purpose of impeding the comprehensive, complete, and objective investigation of a given case, -

 

shall be punished by a fine in an amount from one hundred up to two hundred minimum assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months.

 

3. Acts stipulated by the first or second part of this Article committed by a person with the use of his official position, -

 

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for the same period, or without it.

 

Article 340. An Attempt upon the Life of a Person Administering Justice or Carrying out a Preliminary Investigation

 

An attempt upon the life of a judge, prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, or court executor, as well as their relatives in relation to the consideration of cases or materials in court, carrying out a preliminary investigation, or execution of a judgement, court decision, or other judicial act, which is committed for the purposes of impeding legitimate activity of said persons, or out of revenge for such activity, -

 

shall be punished by imprisonment for a period from ten to twenty years, or by capital punishment, or life-time imprisonment.

 

Article 341. Threatening or Violent Actions in Relation to the Administration of Justice or Carrying out a Preliminary Investigation

 

1. Threatening with murder, causation of damage to health, damaging or destruction of property with regard to a judge, as well as his relatives in relation to the consideration of cases or materials in court, -

 

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to three years.

 

2. The same act committed with regard to a prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, executor, as well as their relatives in relation to the carrying out a preliminary investigation, consideration of a given case or materials in court, or execution of a judgement, court decision, or other judicial act, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

 

3. Acts stipulated by the first or second part of this Article which are committed with violence that is not dangerous for life or health, -

 

shall be punished by imprisonment for a period up to five years.

 

4. Acts stipulated by the first or second part of this Article committed with violence which is dangerous for life or health, -

 

shall be punished by imprisonment for a period from five to ten years.

 

Article 342. Contempt of Court

 

1. Contempt of a court, which is expressed by insulting participants of a given court hearing,

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from two to four months.

 

2. The same act which is expressed in the insulting of a judge, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period from one to two years, or by detention under arrest for a period from four to six months.

 

Article 343. Slander with Regard to a Judge, Prosecutor, Investigator, a Person Carrying out an Inquest, Bailiff, or Executor

 

1. Slander with regard to a judge in relation to the consideration of cases or materials in court, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period from one to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

 

2. The same act committed with regard to a prosecutor, investigator, a person carrying out an inquest, bailiff, or executor, in relation to the carrying out of a preliminary investigation or execution of a judgement, court's decision, or other judicial act, -

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by correctional labour for a period up to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

 

3. Acts stipulated by the first or second part of this Article which are combined with an accusation against a person of the commission of a grave or an especially grave crime, -

 

shall be punished by imprisonment for a period up to four years.

 

Article 344. Bringing to Criminal Liability of an Innocent Person, Being Fully Aware of That Fact

 

1. Bringing to criminal liability of an innocent person, being fully aware of that fact, -

 

shall be punished by imprisonment for a period up to five years.

 

2. The same act combined with an accusation of a given person in the commission of a grave or an especially grave crime, -

 

shall be punished by imprisonment for a period from three to ten years.

 

Article 345. Intentionally Illegal Exemption from Criminal Liability

 

Intentionally illegal exemption from criminal liability of a person, who is suspected or accused of the commission of a crime, by a prosecutor, investigator, or a person carrying out an inquest, -

 

shall be punished by imprisonment for a period from two to seven years.

 

Article 346. Deliberately Illegal Detention, Commitment, or Keeping in Custody

 

1. Deliberately illegal detention of a person, -

 

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

2. Deliberately illegal placing under arrest or keeping under custody, -

 

shall be punished by imprisonment for a period up to four years.

 

3. Acts stipulated by the first or second part of this Article, which entailed grave consequences, shall be punished by imprisonment for a period from three to eight years.

 

Article 347. Coercion to Provide Evidence

 

1. Coercion of a suspect, defendant, a victim, or a witness to give evidence, or coercion of an expert to present findings, by way of threatening, blackmail, or other illegal actions on behalf of a given investigator or a person carrying out an inquest, -

 

 

shall be punished by imprisonment for a period up to three years.

 

Article 347-1. Torture

 

1. Deliberate causation of physical or psychic suffering, committed by an investigator, person who carries out inquest, or another official person for the purpose of receiving from the tortured person or a third person of information or confession or of punishing him for the act which that person committed himself or of the commission of which the person is suspected, as well as threatening or compelling him or a third person, or for any reason based on discrimination of any nature,

 

shall be punished by a fine in an amount of two hundred up to five hundred monthly assessment indices or in the amount of wages or other income of the convict for a period from two to five months, or deprivation of the right to hold certain positions for a period up to three years, or restriction of freedom for a period up to five years, or deprivation of freedom for the same period.

 

2. The same act committed as follows:

 

a) by a group of persons or a group of persons on a prior collusion;

 

b) not one time;

 

c) with causation of medium gravity harm to health;

 

d) to a woman who, of which the guilty was aware, was pregnant, or a juvenile,

 

shall be punished with deprivation of freedom for a period up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.

 

3. The same act, if caused grave bodily harm or by negligence the death of a victim,

 

shall be punished with deprivation of freedom for a period from five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.

 

Note.

 

Physical and psychic suffering resulting from legitimate acts of official persons shall not be recognised as torture.

 

Article 348. Falsification of Evidence

 

1. Falsification of evidence in a civil case by a person participating in it, or by his representative, -

 

shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eighty months, or by correctional labour for a period from one to two years, or by detention under arrest for a period from two to four months, or by restriction of freedom for a period up to two years.

 

2. Falsification of evidence in a criminal case by a person carrying out an inquest, investigator, prosecutor specialist who participates in the procedural acts, or counsel of the defence, -

 

shall be punished by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

3. Falsification of evidence in a criminal case concerning a grave or an especially grave crime, as well as falsification which entailed grave consequences, -

 

shall be punished by imprisonment for a period from three to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

Article 349. Provocation of Commercial Subornation or a Corruption Crime

 

1. Provocation of commercial subornation, that is an attempt to transfer money to a person performing managerial functions in commercial or other organisations, without the latter's consent, material values or advantages for the purposes of artificial creation of evidence of the commission of a crime or blackmail,

 

shall be punished by a fine in an amount from one hundred up to three hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to three months, or by deprivation of freedom for a period up to five years with confiscation of assets or without such confiscation.

 

2. Provocation of a corruption crime, that is the same act committed against a person authorised to perform state functions, or against a person equated to such person,

 

shall be punished by a fine in an amount from two hundred to five hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from three to five months with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to three years or by deprivation of the right for a period up to seven years with confiscation of assets or without such.

 

Article 350. Passing a Deliberately Unjust Sentence, Decision, or Other Judicial Act

 

1. Passing by a judge (judges) of a deliberately unjust judgement, decision, or other judicial act, -

 

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to five years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

2. The same act which is associated with the passing of an illegal sentence to imprisonment or which entailed other grave consequences, -

 

shall be punished by imprisonment for a period from two to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

Article 351. Deliberately False Denunciation

 

1. A deliberately false denunciation concerning the commission of a crime, -

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period from one year to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

 

2. The same act combined with an accusation of a person in the commission of a grave or an especially grave corruption crime, or with the fabrication of artificial evidence for the prosecution, or committed for venal purposes, -

 

shall be punished by imprisonment for a period up to six years.

 

3. Acts stipulated by the first or second part of this Article which are committed in the interests of an organised group or a criminal association (criminal organisation), -

 

shall be punished by imprisonment for a period from three to eight years.

 

Article 352. Deliberately False Testimony or Expert Findings, or Incorrect Translation

 

1. Deliberately false testimony of a witness or a victim, or findings of an expert in court, or in the carrying out of an inquest or a preliminary investigation, as well as intentionally incorrect translation made by a translator in the same cases, -

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period up to two years, or by detention under arrest for a period up to three months.

 

2. The same acts combined with an accusation of a person in the commission of a grave or an especially grave corruption crime, or combined with artificial creation of evidence for the prosecution, as well as such acts committed for venal purposes, -

 

shall be punished by imprisonment for a period from three to eight years.

 

Note. A witness, victim, expert, or translator shall be exempt from criminal liability, if they voluntarily in the course of an inquest, preliminary investigation, or a court hearing, prior to the passing of a sentence or a decision by the court, admitted the falsity of evidence given by them, findings, or incorrect translation.

 

Article 353. Refusal by a Witness or Victim of Giving Evidence

 

A refusal by a witness or victim to give evidence in court, or in the course of an inquest or preliminary investigation, -

 

shall be punished by a fine in an amount from fifty up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by correctional labour for a period up to one year, or by detention under arrest for a period up to three months.

 

Note. A person shall not be subject to criminal liability for a refusal to give evidence against himself or herself, a spouse, or close relatives, as well as ecclesiastics for a refusal to testify against those who confided to them at the confessional.

 

Article 354. Subornation or Coercion to Giving False Evidence or to Evasion of Giving Evidence, or False Findings, or Incorrect Translation

 

1. Subornation of a witness or victim for the purposes of the giving of false evidence by them, or of an expert for the purpose of the issuing by him of false findings, as well as of a translator for the purposes of making by him of an incorrect translation, -

 

shall be punished by a fine in an amount up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to ten months, or by restriction of freedom for a period up to three years, or by imprisonment for the same period.

 

2. Coercion of a witness or a victim to give false evidence, or of an expert to issue false findings, or a translator to make incorrect translation, as well as coercion of said persons to evade giving evidence, which is combined with blackmail, threatening with murder, causation of damage to health, destruction of property of those persons or of their relatives, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to three years.

 

3. An act stipulated by the second part of this Article which is committed with violence not dangerous for life or health of said persons, -

 

shall be punished by imprisonment for a period up to five years.

 

4. Acts stipulated by the first or second part of this Article, which are committed by an organised group or with violence which is dangerous for life or health of said persons, and equally associated with accusation of committing a corruption crime, grave or especially grave crime, -

 

shall be punished by imprisonment for a period from two to eight years.

 

Article 355. Divulgation of Information Received in the Course of an Inquest or a Preliminary Investigation

 

Divulgation of information received in the course of an inquest or preliminary investigation by a person who was warned through the procedure established by law of the inadmissibility of their divulgation, if it is committed without the consent of a given prosecutor, investigator, or a person carrying out an inquest, -

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by correctional labour for a period from one to two years, or by detention under arrest for a period up to three months.

 

Article 356. Divulgation of Information Concerning Safety Measures Applied with Regard to a Judge and Participants in Criminal Proceedings

 

1. Divulgation of information concerning safety measures applied with regard to a judge, court bailiff, court executor, victim, witness, or other participants in criminal proceedings, as well as with regard to their relatives, if this act is committed by a person to whom that information was entrusted or became known in relation to his service activity, -

 

shall be punished by a fine in an amount from two hundred up to four hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to four months, or by restriction of freedom for a period up to two years, or by detention under arrest for a period up to four months.

 

2. The same act which entailed grave consequences, -

 

shall be punished by imprisonment for a period up to five years.

 

Article 357. Illegal Actions with Regard to Property Subjected to Distrainment or Attachment, or Subject to Confiscation

 

1. Embezzlement, alienation, concealment, or illegal transfer of property which was subjected to distrainment or attachment, or upon which a restriction is imposed with regard to its disposal, which is committed by a person to whom that property was entrusted, as well as the commission by an employee of a loan organisation of banking transactions with monetary funds (deposits) which are attached, or with regard to which expenditures are suspended, -

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

 

2. Concealment or appropriation of property subject to confiscation under a court's judgement, as well as other evasion of the execution of a court's judgement which entered into legal force concerning the confiscation of property, -

 

shall be punished by a fine in an amount from seven hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by imprisonment for a period up to three years with a fine in an amount up to fifty monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month.

 

Article 358. Escape from Places of Imprisonment, from Arrest, or Custody

 

1. Escape from places of imprisonment, from arrest, or custody, which is committed by a person enduring punishment or being in pretrial incarceration, -

 

shall be punished by imprisonment for a period up to three years.

 

2. The same act committed as follows:

 

a) by a group of persons upon a preliminary collusion;

 

b) with violence which is dangerous for life or health, or with a threat to use such violence;

 

c) with arms or objects used as arms, -

 

shall be punished by imprisonment for a period up to seven years.

 

Note. A person who voluntarily returned within seven days from the moment of the commission of an escape to the place of his imprisonment or under custody, shall be exempt from criminal liability for the escape, unless he committed another new crime, and unless his escape was combined with actions stipulated by subparagraphs b) and c) of the second part of this Article.

 

Article 359. Evasion of Endurance of Punishment in the Form of Imprisonment

 

A failure of a convict to return to a given penitentiary institution, who was permitted a short-time exit from the place of imprisonment, upon the expiration of the term of exit, as well as of a convict who has the right to move around, or who is under supervision, which is committed for the purpose of evasion of further endurance of punishment in the form of imprisonment, -

 

shall be punished by imprisonment for a period up to two years.

 

Article 360. Malicious Disobedience of the Administrative Requirements of a Penal Institution

 

Malicious disobedience of the legitimate requirements of the administration of a penal institution by a person serving punishment in a place of imprisonment, -

 

shall be punished by imprisonment for a period up to two years.

 

Article 361. Disorganization of Normal Activity of Institutions Providing for Isolation from the Society

 

1. A threat to use violence with regard to an employee of a place for imprisonment or a place of keeping under custody, as well as with regard to a convict for the purposes to impede his correction or out of revenge for the execution by him of a public duty, -

 

shall be punished by imprisonment for a period up to five years.

 

2. The use of violence, which is not dangerous for life or health, with regard to persons indicated in the first part of this Article, -

 

shall be punished by imprisonment for a period from three to seven months.

 

3. Acts stipulated by the first or second part of this Article, which are committed by a group of persons upon a preliminary collusion or with violence which is dangerous for life or health, -

 

shall be punished by imprisonment for a period from five to ten years.

 

Article 362. Non-Execution of a Court's Judgement, Court's Decision, or Other Judicial Act

 

1. Malicious non-execution of a court's judgement, court's decision, or of other judicial act which entered into legal force, as well as impeding their execution, -

 

shall be punished by a fine in an amount up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by detention under arrest for a period up to four months.

 

2. The same acts committed by a representative of the state authorities, a civil servant, an employee of a local administration body, as well as by an employee of a state organisation, commercial or other organisation, -

 

shall be punished by a fine in an amount from two hundred up to four hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to four months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

 

3. Malicious violation of the Rules of administrative supervision established by the court over the persons released from the places of deprivation of freedom, and equally unauthorized departure by a person under supervision of his place of residence or failure to arrive within the established period to the selected place of residence after the release from the place of deprivation of freedom for the purpose of evasion of administrative supervision -

 

shall be punished with correction work for a period from one year to two years or arrest for a period from four to six months or deprivation of freedom for a period up to one year.