of August 18, 1992 No. 10
About accomplishment by courts of the leading explanations of the Plenum of the Supreme Court of the Russian Federation on application of the legislation on responsibility for racketing
Having discussed the course of accomplishment of the resolution of the Plenum of the Supreme Court of RSFSR of May 4, 1990 No. 3 "About court practice on cases on racketing", the Plenum notes that the explanations made in this resolution promoted the correct application by courts of the legislation on responsibility for racketing and those samympovysheniya of quality of justice.
At the same time the carried-out generalization showed that by hearing of cases of this category not in all cases requirements of the law on need of comprehensive, complete and objective investigation of circumstances of the committed crime are consistently fulfilled; Plenum explanations concerning criteria of otgranicheniye of the racketing connected to the violence from robbery and robbery and recognition of crime committed by organized group are not always considered. Mistakes in case of qualification of criminal acts and assignment of punishment by the guilty person are as a result made.
Not isolated facts when courts do not fulfill requirements of the law on obligatory purpose of confiscation of property for qualified types of racketing and do not consider Plenum explanations that non-use of confiscation in these cases is possible only in the presence of the conditions provided by Art. 43 of UK RSFSR with indication of in sentence of motives of the made decision.
Along with it materials of generalization demonstrate that courts experience difficulties in case of qualification of racketing on the basis of causing major damage, in case of determination of nature of the violence applied in the course of making of these criminal acts and differently resolve issue of availability or absence in actions of persons accused of such qualifying sign as frequency.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.
The document ceased to be valid since December 17, 2015 according to the Item 17 Resolution of the Plenum of the Supreme Court of the Russian Federation of December 17, 2015 No. 56