Art. 200 of the Criminal Code. A norm that has lost its force.

Art. 200 of the Criminal Code - a norm that has long since lost its force. It had many revisions and amendments, but in the current law it was abolished. But, despite this fact, the article is of great importance and had it at a time when it was relevant, as it touched upon a very important issue, namely, deception of consumers.

The objective side as an element of the crime

Since the article in question has long since lost its force, and it happened in 2003, find Art. 200 of the Criminal Code of the Russian Federation with comments that would be relatively relevant, is rather difficult. This is important because they help us to consider everything in greater detail. However, it is still possible to determine the composition, if you pay attention to the latest version of this rule.

So, it's appropriate to start from the objective side, that is, the outward manifestation of a crime. According to Article.200 of the Criminal Code of the Russian Federation, consumer fraud is expressed in several actions: to measure, weigh or cheat, that is, actions that are manifested in any deception related to this type of relationship. Similar methods are possible both alternatively and can occur simultaneously.

The composition of this crime is considered material, since it is over from the moment of the consequences. In addition, optional features are considered important, namely one of them is the place of commission of the act. It should always be an organization, a store offering goods and concluding a public contract. It is also important that the fraud should be carried out in a significant amount, namely - to exceed one tenth of the minimum wage.

An object

Loss of force Art. 200 of the Criminal Code of the Russian Federation belonged to the sphere of public relations related to economic interests. Accordingly, they were the direct object in this act. In addition, it can be classified as a relationship that affects the property interests of just the people who are considered consumers.

In this crime, again comes up an optional feature, only now the object. This is the object, that is, the property that is being attacked. In a specific situation, these are material goods that are commodities and are expressed either in money or in certain specific things and products that have a specific state or other price.

Subject of crime

The law for the entire duration of its existence provided for general criteria for determining the subject of a particular act. This is a physical sane person who has reached the required specific age. In this case, the rules remain unchanged, although Art. 200 of the Criminal Code has lost its force for quite some time.

You might think that the subject here can act only the store itself or another organization, which is contrary to the rules. The legal person, as is known, is not held to account under criminal law, and the considered, no longer valid rule says that in this crime the subject will always be special.

What does this mean? A similar kind of subject says that no one else can be responsible for the act in question and be a suspect in the case, except for a specific person. So, in the case with Art. 200 of the Criminal Code of the Russian Federation, only a permanent or possibly temporary employee of a store or other organization that sells goods will be guilty. Other persons will not be subjects of the crime, respectively.

The subjective side

Just as with the subject, the issue of guilt is unchanged throughout the entire period of the existence of the Criminal Code of the Russian Federation in 1996. Two of its forms were not changed, that is, intent and imprudence were, are and will always be as mandatory signs of a crime, without which there will be no basis for prosecution at all.

Deception of consumers is carried out according to the comments to the article exclusively with direct intent. That is, if the misleading of a citizen was committed by negligence, because of inattention, negligence, then the composition in such actions will not be observed. This is an important point for bringing charges and in principle for establishing the truth, although this norm does not work now.

Qualifying signs. Penalties

Art. 200 of the Criminal Code establishes several aggravating circumstances, which are fixed in its second part. These should include, first, the commission of an act by a person who was previously convicted under this article, and secondly, an unchanged group of individuals. And thirdly, when the fraud is carried out in a large size, which must be at least one SMIC according to the note.

The second important aspect of this article is punishment. Sanctions include fines, correctional labor, and imprisonment. It is even possible to establish a ban on the implementation of any activity. The most severe penalty is established by part two of Art. 200 of the Criminal Code of the Russian Federation - two years of imprisonment in conjunction with the lack of the right to engage in any activity for three years.