Article 330 of the Criminal Code "Self-rule" with comments. How to get away from Article 330 of the Criminal Code of the Russian Federation?
Quite often in Russia there is a crimecalled arbitrariness. Far not the most terrible violation, but it takes place. He is held criminally responsible for this or that scale. True, not in a very rigid form. Therefore, many allow themselves to engage in arbitrariness. Possible measures to suppress this crime are covered by Article 330 of the Criminal Code of the Russian Federation. But what kind of concrete deed is it? And what sanctions will apply to the defendant? Is it possible to avoid some kind of punishment for this article? About all this further!
The concept of
The first thing to understand, with whatwe are dealing specifically. After all, arbitrariness should have some clear definition that characterizes the violation. This should help distinguish arbitrariness from similar crimes.
The way it is. By arbitrariness is understood the arbitrary actions of a citizen who violate the norms and rules established by law. The legality of actions in such a situation can be challenged by other people or organizations.
As you can see, not everything is as simple as it seems. Something arbitrariness is similar to robbery or extortion, for example. But there are still distinctive features of this crime. Usually it is aimed at the realization of the already existing legal rights. For example, arbitrariness can be called the work of collection companies, accompanied by extortion, threats or damage to property. What can Article 330 of the Criminal Code of the Russian Federation say about this? What penalties are imposed for this crime?
Usually criminal liability, which is notthe most serious, is expressed in cash payments. To be more precise, a fine in various sizes. Self-rule without features, but providing significant harm to anything, is accompanied in the first place by just such punishment.
In this case, the fine is not very large.It reaches a maximum of 80,000 rubles. As an alternative, the court sometimes makes a decision to withdraw the income (usually the salary) of the defendant for a certain period of time. Self-rule with substantial damage is punishable by payments in the amount of the offender's profits for a maximum of six months.
This does not end all the measures laid downthe criminal. Public works in one form or another - this is what the article 330 of the Criminal Code of Russian Federation "Self-Justification" implies. If there were no aggravating circumstances, with the exception of the significant damage caused, one can hope to serve the sentence in the form of social labor.
What is it about?Mandatory and corrective works are appointed. In the first case, they can not exceed 480 hours, in the second - 24 months. Not the worst punishments, but they do occur. In practice, there are also not very often. Despite this, Article 330 of the Criminal Code of the Russian Federation "Self-rule" provides for several more types of punishments and situations related to our today's crime.
For example, what if the court considers everythingthe above measures are not effective enough? Is there really no punishment? Or maybe it is taken out to the discretion of the judiciary, absolutely different?
Not at all.Article 330 of the Criminal Code, in addition to the above penalties for arbitrariness with significant damage, provides for the last significant version of the "penalty". Namely, the arrest. Far from being the most serious punishment in the entire Criminal Code, but it does take place. And for some, it really is a valid argument for abstention from arbitrariness.
In this situation, the arrest will not be toolasting. Maximum, put under the article - 6 months. And after any additional measures of restraint, a repeated crime is not appointed. Although this punishment really motivates many people not to commit arbitrariness. Many are afraid of arrest.
Violence and Threats
What does Article 330 of the Criminal Code specify?Judicial practice, and the legislation of the Russian Federation, face arbitrariness, which was accompanied by threats of use or direct implementation of violence. These are burdensome circumstances that impose more serious penalties on the offender.
There are no penalties in this case and should not becan. But nobody canceled social labor. True, he now has an exclusively compulsory nature, and also lasts for a maximum of 60 months. It is this variant of the development of events that will be considered by the court when arbitrariness was accompanied by violence or threats of using it.
Arrest is also taking place.But it is no different from the previous case. That is, such a conclusion can last six months maximum. And nothing more. This is how article 330 of the Criminal Code of the Russian Federation reads (with and without comments). True, there is the last measure of fighting criminals who committed arbitrariness, threatening or using violence. Which exactly?
The encroachment on freedom
The majority of the population has criminal responsibilityis associated with imprisonment. To some extent, it is true. After all, for a certain punishment or in the presence of burdensome circumstances, this measure is often appointed.
With arbitrariness, it also takes place.If this crime was accompanied by threats or the use of violence, the defendant can "jail" for 5 years. The term can be reduced to the discretion of the court, which in practice is almost never found.
This concludes article 330 of the Criminal Code of the Russian Federation"Arbitrariness". Comments to her bring some clarity in the nuances of the crime. The thing is that any person who has reached the age of 16 is capable of being the subject of the act. A person must be sane, adequate. In this case, punishment will be imposed on the above points, taking into account the circumstances of the case.
But sometimes arbitrariness is committed by officialpersons, employees of detective and security services. Under similar circumstances, the article studied loses its relevance. Instead, the acts are classified according to articles: 286, 285 or 203 of this Code of the Russian Federation.
How to avoid
Some citizens are interested in how to get away from Article 330 of the Criminal Code of the Russian Federation. Can this be done? Easy! It's enough just to act according to the law, not to violate the established rules.
All that is required of you is to provelegitimacy of their actions. After all, initially a citizen, according to the definition of a violation, has certain powers to implement certain rights. If you can prove that you have not violated any established norms, you will be able to avoid punishment.
How else can you avoid Article 330? You can try to act through a trusted person who will not "surrender" you. Then it will be on him all the charges that are not too honest and correct.