RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 17, 2015 No. 56

About court practice on cases on racketing (article 163 of the Criminal Code of the Russian Federation)

For the purpose of ensuring unity of practice of consideration by courts of criminal cases about racketing, and also in connection with the questions arising at courts, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation and articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. Draw the attention of courts that nature of public danger of crime, stipulated in Article 163 Criminal Codes of the Russian Federation (further - the Criminal Code of the Russian Federation), is determined by orientation of infringement of the relations of property and other property relations, and also on the personality (health, immunity, honor and advantage, other rights and legitimate interests). It is necessary to consider that in case of racketing the perpetrator affects intentionally receipt of material benefit for itself or other persons.

2. The property, namely things, including cash, documentary securities belongs to racketing subject of sense of article 163 Criminal Code of the Russian Federation, in particular, others (that is not belonging to the guilty person on the property right); non-cash, bank entry securities, and also property rights, including rights to claim and exclusive rights.

The right to property with which transfer requirements in case of racketing can be connected in article 163 Criminal Code of the Russian Federation is understood as the opportunity certified in documents to perform competences of the owner or the legal owner concerning certain property.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info