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Art. 238 of the Criminal Code. Production, storage, transportation or sale of goods and products, works or services that do not meet the safety requirements

Particular criminal offenses are acts that are committed sensibly or accidentally, but in any case are dangerous for society. These include, first of all, such activities as illicit trafficking in narcotic drugs. Medical practice and the sale of pharmaceuticals in the absence of the necessary licenses are also prohibited by law. To crimes that may harm the health of consumers, include the acts referred to in Art. 238 of the Criminal Code. What does this criminal article say? What punishment can be incurred by one whose guilt is proved in a case instituted on the basis of Art. 238 of the Criminal Code?

Comments on the article

The law prohibits the storage, transportation and sale of products that do not meet the safety requirements, that is, it is capable of harming the consumer. The same should be said about the provision of services. In part 1 of Art. 238 of the Criminal Code states that for such actions a citizen is punished with a fine or imprisonment up to two years. The Criminal Code for such acts also provides for forced labor and restraint of liberty. The maximum penalty for this crime is three hundred thousand rubles.

In the second and third parts of this criminal article we are talking about qualified signs, the presence of which makes the punishment more severe than that specified in Part 1 of Art. 238 of the Criminal Code.

Up to six years

Deprivation of liberty for this period threatens the accused or a group of those who organized the sale of products that do not meet the safety standards, by prior agreement. In part 2 of Art. 238 of the Criminal Code also states that if such actions or the provision of any services have led to the death of a person, the organizers are liable and, depending on the decision, the courts can be sentenced to imprisonment or fined. The deprivation of liberty in this case, as a rule, can not be avoided. The maximum period is six years.

Up to ten years

In part 3 of Art. 238 of the Criminal Code refers to a crime that resulted in the death of two or more people, ie, a group). That is, if during the sale of products or the provision of services, the provision of which is organized with obvious violations, the death of people has occurred, the initiator of such activities may spend ten years behind bars. There is also another type of punishment - forced labor. The penalty of the perpetrator in the act, referred to in Part 3 of Art. 238 of the Criminal Code, is not expected.

Features

Subject according to art. 238 of the Criminal Code of the Russian Federation is the owner or head of the organization. They can also be an individual entrepreneur. Illegal issuance of documents that do not correspond to the real quality of goods or services is a crime for which the employee of the bodies composing such certificates is responsible.

The manager will be liable for liability in the event that the fact of production, storage or transportation of goods for marketing purposes is proved. And in the event that this product is capable of harming the health of the population. Before the court, you will also have to respond to the owner of the company where the work was performed that did not meet the mandatory requirements.

In Art. 238 of the Criminal Code (with comments it will be useful to get acquainted with each entrepreneur or enterprise manager) is given an exhaustive definition of this crime. The action is completed when the consequences that are indicated in the article occur. That is, if the organization is engaged in the production of products, but then its sale does not occur, the owner can not be suspected of the crime provided for in Art. 238.

Purpose

Such a crime can not be accidentally committed. If a company manager starts the production of a product, he can not be unaware of the requirements that are imposed on it. In the law on consumer rights this issue is extremely illuminated. Thus, direct intent is a characteristic feature of the subjective side of the crime, referred to in Art. 238 of the Criminal Code. The verdict of the court, of course, can not be mitigated due to the fact that the accused was not aware of the rights of the consumer. The manufacturer, as stated in the regulatory documents, is obliged to ensure the safety of its products.

Production and other concepts

It is also necessary to determine the meaning of terms that at first glance may seem utterly clear.

Production of products is the output of finished goods, which are supplied with a certificate, outside the enterprise. Storage is the placement of the same products in the warehouse for the purpose of subsequent marketing. If, on the instructions of the manager, these goods were transported from the enterprise to the warehouse of the store, then in the future, if they are found to be inconsistent with the safety standards, he will also be involved in art. 238 of the Criminal Code.

Practice shows that to determine the fact of committing such acts, it is often used such an operational measure as a verification purchase. With the help of these actions it is possible to prevent the consequences of the crime.

Works and services

Judicial practice under art. 238 of the Criminal Code of the Russian Federation is a consideration not only of cases that are based on the illegal sale of goods. In the role of the defendant under this article, the head of an organization that performs various works and renders services to the public can act as well. If such activities do not meet the established requirements, the organizer is criminally liable. In the event that the consequences of this act resulted in death, the head is subjected to very severe punishment.

Safety requirements

What are they? When are these norms not observed? A product that does not meet the specified requirements has the following features:

  • He was refused a certificate;
  • Did not pass the certification;
  • The shelf life or storage rules are violated.

Certification

In order to obtain an official document that certifies the compliance of goods with the necessary requirements, the enterprise must undergo a complicated procedure. As a result, the management / owner will either be issued a certificate or refused to receive it. This document is a confirmation of compliance with requirements and standards. The procedure for issuing it is sometimes associated with certain difficulties, as a result of which, often, and there are criminal violations under Article 238.

Entrepreneurship and crime

One of the effective ways to overcome the manifestations of criminal activity in economic activity is the use of funds provided for by the Criminal Code, as evidenced by court cases, which are examined on the basis of Art. 238 of the Criminal Code.

Plenum of the Supreme Court in 2004 issued a ruling related to judicial practice in cases of illegal entrepreneurship. Since then, courts in the cities of Russia annually look at cases involving crimes related to the unlawful production of various goods or services, which were accompanied by obvious violations. As a rule, the guilty person is charged under part 1 of Art. 238. But in some cases, violations lead to tragic consequences. And then the head of the organization has to answer all the strictness of the law.

Provision of services

The owner of an organization that provides entertainment services should take care of observing all necessary safety standards. Restaurants of the restaurant and hotel type are visited by an unlimited number of people. And any violations can lead to quite serious consequences.

The owner or director of a restaurant and entertainment company must monitor the security system. Any violations can lead to punishment in the form of a large fine. As a result of the organization of entertainment events, which are often held in nightclubs and other entertainment establishments, a fire may flare up. It goes without saying that, in order to avoid such misfortunes, any deviations from the rules are excluded.

The fire system contains a number of norms, according to which visitors have the opportunity in a matter of minutes to leave the building. Violations in this system can lead to tragedy. And in this case the owner will be liable in accordance with the measure specified in the second or third part of Article 238.

In the event that a fire broke out on the territory of the establishment, and among the visitors there are dead, on the basis of the third part of the said article, the owner can be sentenced to imprisonment for almost ten years. The arguments of the defense that the incident was a consequence of a confluence of a number of random circumstances, will hardly make an impression on the judge.

But it should be said that usually in such incidents not only the owner of the organization is to blame. In the event of a fire or an emergency, both the director and other persons holding executive positions would be attracted. As for the pyrotechnic show, which is a common phenomenon in entertainment venues, or any other similar events, then in such a situation its organizers are also responsible, however for another criminal article.

And, as it was already said, the employees of the bodies issuing the corresponding permits and certificates, in such cases do not go unpunished. For negligence, one of them can spend about five years in the colony-settlement.

Production

For a long time, such activity as brewing has been popular and widespread in Russia. There are no articles in the Criminal Code for her. But it is known, perhaps, to every consumer that the production of alcoholic beverages can not be carried out without obtaining the necessary permits and certificates.

Anyone who produces moonshine at home can not be held criminally liable until he tries to sell his produce. If the fact of sale of alcohol in court is proved, the guilty person can be punished in the form of a fine of up to three hundred thousand rubles. But if people are affected by the use of this drink, the manufacturer will bear the punishment more serious.

If the case of a citizen caught in the custody and sale of home-made preparations of his own preparation was heard in court, but the victims were not found among the buyers, the judge would be limited to a small fine when making the verdict. Such mitigating circumstances as admission of guilt and positive characterization of the place of residence, have a favorable effect on the court decision. Punishment in this case may have the form of a fine in the amount of twenty five to thirty thousand rubles.

Examples from judicial practice

The owner of the organization must ensure proper working conditions for employees who are responsible for safety. Especially it concerns enterprises with increased danger. In violation of the rules that led to the death of a person, the owner of the organization is punishable with imprisonment up to six years and a fine of five hundred thousand rubles.

To entertaining institutions of increased danger can be attributed water parks. In such institutions, the safety of visitors is provided by specially trained staff. If the instructor does not notice the sinking person, does not take appropriate rescue measures, the responsibility will be borne by the director of the water park. Even in the event that death in the entertainment complex was due to the fault of an inexperienced employee. It is the director of the organization that must ensure the proper training of all its personnel. In such a situation, the director may face up to six years of imprisonment because of violation of the rules guaranteeing security, and therefore he will be punished in accordance with Part 3 238 Art. CC RF.

In the second part of the criminal article under consideration, there is also a clause defining the crime committed in the provision of services to children under the age of six. According to Part 2 of Art. 238 can be brought to criminal liability by a canteen employee in the kindergarten or any other specialist who provides food in children's institutions and who has committed obvious violations in the security system. In the absence of mitigating circumstances, a suspect may be sentenced to six years' imprisonment.

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