FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 325-FZ

About introduction of amendments to the Criminal Code of the Russian Federation and the Code of penal procedure of the Russian Federation

Accepted by the State Duma on June 21, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Criminal Code of the Russian Federation (The Russian Federation Code, 1996, No. 25, Art. 2954; 1998, No. 26, Art. 3012; 1999, No. 28, Art. 3491; 2001, No. 47, Art. 4404; 2002, No. 10, Art. 966; No. 26, Art. 2518; 2003, No. 50, Art. 4848; 2007, No. 16, Art. 1822; 2009, No. 44, Art. 5170; 2010, No. 1, Art. 4; No. 15, Art. 1756; No. 31, Art. 4193; 2011, No. 11, Art. 1495; No. 29, Art. 4291; No. 30, Art. 4598; No. 50, Art. 7362; 2012, No. 49, Art. 6752; 2013, No. 26, Art. 3207; No. 51, Art. 6685; 2014, No. 30, Art. 4278; No. 52, Art. 7541; 2015, No. 1, Art. 83; No. 24, Art. 3367; No. 29, Art. 4354; 2016, No. 18, Art. 2515) following changes:

Part the second Article 76.1 to state 1) in the following edition:

"2. Person who for the first time committed crime, stipulated in Article 170.2, part one of Article 171, parts one and pervoy.1 Article 171. 1, Article part one 172, Articles 176, 177, Article part one 178, parts one - third Article 180, parts one and the second Article 185, Article 185. 1, Article 185 part one. 2, Article 185 part one. 3, Article 185 part one. 4, Article 185 part one. 6, Article part one 191, Article 192, parts one and pervoy.1 Articles 193, parts one and the second Article 194, Articles 195 - 197 and 199.2 of this Code, are exempted from criminal liability if indemnified the loss caused to the citizen, the organization or the state as a result of crime execution and transferred into the federal budget cash compensation in the amount of the double amount of the caused damage, or transferred income gained as a result of the crime execution, and cash compensation in the amount of double income amount received as a result of crime execution into the federal budget or transferred into the federal budget the sum of money equivalent to the size of losses which managed to be avoided as a result of crime execution, and cash compensation in the amount of the double amount of losses which managed to be avoided as a result of crime execution, or transferred sum of money into the federal budget, equivalent to the amount of the committed act provided by the relevant article of the Special part of this Code and cash compensation in double size of this amount.";

2) in Article 159.1:

a) in the paragraph the second "imprisonment for a period of up to five years" shall be replaced with words word parts three "imprisonment for a period of up to six years";

b) in the note of figure "159.4," to exclude;

The second parts three of Article 159.2 of the word "imprisonment for a period of up to five years" shall be replaced with words 3) in the paragraph "imprisonment for a period of up to six years";

4) in Article 159.3:

a) in the paragraph the second "imprisonment for a period of up to four years" shall be replaced with words word parts two "imprisonment for a period of up to five years";

b) in the paragraph the second "imprisonment for a period of up to five years" shall be replaced with words word parts three "imprisonment for a period of up to six years";

5) Article 159.4 to recognize invalid;

6) in Article 159.5:

a) in the paragraph the second "imprisonment for a period of up to four years" shall be replaced with words word parts two "imprisonment for a period of up to five years";

b) in the paragraph the second "imprisonment for a period of up to five years" shall be replaced with words word parts three "imprisonment for a period of up to six years";

7) in Article 159.6:

a) in the paragraph the second "imprisonment for a period of up to four years" shall be replaced with words word parts two "imprisonment for a period of up to five years";

b) in the paragraph the second "imprisonment for a period of up to five years" shall be replaced with words word parts three "imprisonment for a period of up to six years";

To state the note to Article 169 in the following edition:

"Note. Major damage the damage which amount exceeds one million five hundred thousand rubles is recognized this Article.";

Article 170.2 to add 9) with the note of the following content:

"Note. In Articles of this Chapter, except for Articles 169, parts three - the sixth Article 171. 1, Articles 171. 2, 174, 174.1, 178, 180, 185 - 185.4, 185.6, 191.1, 193, 193.1, 194, 198 - 199.1, 200.1, 200.2 and 200.3, the large size, major damage, the income or debt in large size are recognized the cost, damage, the income or debt the amount exceeding two million two hundred fifty thousand rubles, and especially large - nine million rubles.";

10) in Article 171.1:

a) add with part pervoy.1 the following content:

"1.1. The same acts made by group of persons by previous concert -

are punished by penalty at the rate from hundred thousand to three hundred thousand rubles or in the amount of the salary or other income of the convict for the period from one to three years, or forced labor for a period of up to four years, or imprisonment for the same term with penalty at the rate to hundred thousand rubles or in the amount of the salary or other income of the convict for the period up to one year or without that.";

b) the second to state part in the following edition:

"2. The acts provided by part one of this Article committed:

a) organized group;

b) in especially large size, -

are punished by penalty at the rate from two hundred thousand to five hundred thousand rubles or in the amount of the salary or other income of the convict for the period from one to three years, or forced labor for a period of up to five years, or imprisonment for a period of up to six years with penalty at the rate to one million rubles or in the amount of the salary or other income of the convict for the period up to five years or without that.";

c) to state Item 1 of notes in the following edition:

"1. The large size the cost of unmarked food products exceeding four hundred thousand rubles, and especially large - one million five hundred thousand rubles is recognized parts three and the fourth this Article.";

Article 171.2 to add 11) with the note of the following content:

"Note. The income in the large size in this Article the income which amount exceeds one million five hundred thousand rubles, and in especially large size - six million rubles is recognized.";

12) in Article 180:

a) third to state part in the following edition:

"3. The acts provided by parts one or the second this Article, made by group of persons by previous concert -

are punished by penalty at the rate from two hundred thousand to four hundred thousand rubles or in the amount of the salary or other income of the convict for the period from eighteen months to three years, or forced labor for a period of up to four years, or imprisonment for the same term with penalty at the rate to hundred thousand rubles or in the amount of the salary or other income of the convict for the period up to one year or without that.";

b) add with part four of the following content:

"4. The acts provided by parts one or the second this Article, made by organized group -

are punished by penalty at the rate from five hundred thousand to one million rubles or in the amount of the salary or other income of the convict for the period from three to five years, or forced labor for a period of up to five years, or imprisonment for a period of up to six years with penalty at the rate to five hundred thousand rubles or in the amount of the salary or other income of the convict for the period up to three years or without that.";

13) in Article 185:

a) the second to state part in the following edition:

"2. The same acts made by group of persons by previous concert -

are punished by penalty at the rate from hundred thousand to four hundred thousand rubles or in the amount of the salary or other income of the convict for the period from one to two years, or forced labor for a period of up to one year, or imprisonment for the same term.";

b) add with part three of the following content:

"3. The acts provided by part one of this Article, made by organized group -

are punished by penalty at the rate from hundred thousand to five hundred thousand rubles or in the amount of the salary or other income of the convict for the period from one to three years, or forced labor for a period of up to three years, or imprisonment for the same term.";

c) state the note in the following edition:

"Note. Major damage, the income in the large size in Articles 185, 185.1, 185.2 and 185.4 of this Code are recognized the damage, the income in the amount exceeding one million five hundred thousand rubles, and in especially large size - three million seven hundred fifty thousand rubles.";

Item 1 of notes to Article 185.3 to state 14) in the following edition:

"1. Major damage, the excessive income, losses in large size in this Article the damage, the excessive income, losses are recognized the amount exceeding three million seven hundred fifty thousand rubles, and in especially large size - fifteen million rubles.";

The note to Article 185.6 to state 15) in the following edition:

"Note. Major damage, the income, losses in large size in this Article the damage, the income, losses are recognized the amount exceeding three million seven hundred fifty thousand rubles.";

The note to Article 191.1 to state 16) in the following edition:

"Note. The acts provided by this Article are recognized committed the large size if the cost illegally the prepared wood estimated on the rates approved by the Government of the Russian Federation exceeds eighty thousand rubles, and in especially large size - two hundred thirty thousand rubles.";

17) in Article 193:

a) add with part pervoy.1 the following content:

"1.1. The same acts made by group of persons by previous concert -

are punished by penalty at the rate from three hundred thousand to five hundred thousand rubles or in the amount of the salary or other income of the convict for the period from two to three years, or forced labor for a period of up to four years, or imprisonment for the same term.";

b) in part two:

the paragraph one to state in the following edition:

"2. The acts provided by part one of this Article committed:";

state the Item in the following edition:

"b) organized group;";

c) state the note in the following edition:

"Note. The acts provided by this Article are recognized committed the large size if the amount of not enlisted or not returned foreign currency cash or currency of the Russian Federation on once or on repeatedly within one year to the performed currency transactions exceeds nine million rubles, and in especially large size - forty five million rubles.";

The note to Article 193.1 to state 18) in the following edition:

"Note. The acts provided by this Article are recognized committed the large size if the amount illegally of the converted foreign currency cash or currency of the Russian Federation on once or on repeatedly within one year to the performed currency transactions exceeds nine million rubles, and in especially large size - forty five million rubles.";

The note to Article 194 to state 19) in the following edition:

"Note. Evasion from customs payment is recognized committed the large size if the amount of unpaid customs payments for the goods moved through customs border of the Eurasian Economic Union including in one or several consignments, exceeds two million rubles, and in especially large size - six million rubles.";

Item 1 of notes to Article 198 to state 20) in the following edition:

"1. The large size the amount of taxes and (or) charges, component for the period within three financial years in a row more than nine hundred thousand rubles provided that the share of unpaid taxes and (or) charges exceeds 10 percent of the amounts of taxes and (or) charges which are subject to payment, or exceeding two million seven hundred thousand rubles, and especially large size - the amount constituting for the period within three financial years in a row more than four million five hundred thousand rubles provided that the share of unpaid taxes and (or) charges exceeds 20 percent of the amounts of taxes and (or) charges which are subject to payment, or exceeding thirteen million five hundred thousand rubles is recognized this Article.";

Item 1 of notes to Article 199 to state 21) in the following edition:

"1. The large size in this Article, and also the amount of taxes and (or) charges, component for the period within three financial years in a row more than five million rubles provided that the share of unpaid taxes and (or) charges exceeds 25 percent of the amounts of taxes and (or) charges which are subject to payment, or exceeding fifteen million rubles, and especially large size - the amount constituting for the period within three financial years in a row more than fifteen million rubles provided that the share of unpaid taxes and (or) charges exceeds 50 percent of the amounts of taxes and (or) charges which are subject to payment, or exceeding forty five million rubles is recognized Article 199.1 of this Code.".

Article 2

Bring in the Code of penal procedure of the Russian Federation (The Russian Federation Code, 2001, No. 52, Art. 4921; 2002, No. 22, Art. 2027; No. 30, Art. 3020, 3029; No. 44, Art. 4298; 2003, No. 27, Art. 2700, 2706; No. 50, Art. 4847; 2004, No. 27, Art. 2711; 2005, No. 1, Art. 13; 2006, No. 28, Art. 2975, 2976; No. 31, Art. 3452; 2007, No. 1, Art. 46; No. 16, Art. 1827; No. 24, Art. 2830, 2833; No. 49, Art. 6033; No. 50, Art. 6248; 2008, No. 49, Art. 5724; 2009, No. 11, Art. 1267; No. 44, Art. 5170; 2010, No. 1, Art. 4; No. 15, Art. 1756; No. 21, Art. 2525; No. 27, Art. 3416, 3431; No. 30, Art. 3986; No. 31, Art. 4164, 4193; No. 49, Art. 6412; 2011, No. 1, Art. 16, 45; No. 15, Art. 2039; No. 23, Art. 3259; No. 30, Art. 4598, 4601, 4605; No. 45, Art. 6334; No. 50, Art. 7361, 7362; 2012, No. 10, Art. 1162, 1166; No. 30, Art. 4172; No. 31, Art. 4330 - 4332; No. 47, Art. 6401; No. 49, Art. 6752; No. 53, Art. 7634, 7637; 2013, No. 7, Art. 608; No. 9, Art. 875; No. 26, Art. 3207; No. 27, Art. 3442, 3478; No. 30, Art. 4078; No. 44, Art. 5641; No. 51, Art. 6685, 6696; No. 52, Art. 6945, 6997; 2014, No. 19, Art. 2303, 2310, 2333; No. 23, Art. 2927; No. 26, Art. 3385; No. 30, Art. 4219, 4259, 4278; No. 43, Art. 5792; No. 48, Art. 6651; 2015, No. 1, 81, 83, 85; No. 6, Art. 885; No. 21, Art. 2981; No. 24, Art. 3367; No. 29, Art. 4354, 4391; 2016, No. 1, Art. 57, 60, 61; No. 14, Art. 1908; No. 18, Art. 2515) following changes:

"Articles 159 - 159.6" shall be replaced with words 1) in part three of Article 20 of the word "Articles 159 - 159.3, 159.5, 159.6";

Part third of Article 28.1 to state 2) in the following edition:

"3. Court, and also the investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor stops criminal prosecution concerning person, the suspect or the person accused of crime execution provided by Articles 170. 2, 171 part one, 171.1 parts one and the first. 1, the 172nd part one, 176, 177, the 178th part one, 180 parts one - the third, 185 parts one and the second, 185.1, 185.2 part one, 185.3 part one, 185.4 part one, 185.6 part one, 191 part one, 192, 193 parts one and the first. 1, 194 parts one and the second, 195 - 197 and 199.2 Criminal Codes of the Russian Federation, in the presence of the bases provided by Articles 24 and 27 of this Code and in the cases provided by part two of article 76.1 of the Criminal Code of the Russian Federation.";

Part the fourth Article 46 to add 3) with Item 3.1 of the following content:

"3. 1) from the moment of election of measure of restraint in the form of detention or house arrest to have appointments without restriction of their number and duration to the notary for the purpose of the certificate of the power of attorney on the right of representation of interests of the suspect in the field of business activity. At the same time making of notarial actions concerning property, money and other values which it can be seized in the cases provided by this Code is forbidden;";

Part the fourth Article 47 to add 4) with Item 9.1 of the following content:

"9. 1) from the moment of election of measure of restraint in the form of detention or house arrest to have appointments without restriction of their number and duration to the notary for the purpose of the certificate of the power of attorney on the right of representation of interests of the person accused in the field of business activity. At the same time making of notarial actions concerning property, money and other values which it can be seized in the cases provided by this Code is forbidden;";

Part the thirteenth Article 107 to state 5) in the following edition:

"13. Meetings of the suspect or the person accused who are under house arrest in the conditions of complete isolation from society with the defender, the legal representative, and also with the notary for the purpose of the certificate of the power of attorney on the right of representation of interests of the suspect or person accused in the field of business activity take place in the place of execution of this measure of restraint.";

pervoy.1 Article 108 of the word "Articles 159 - 159.6" shall be replaced with words 6) in part "Articles 159 - 159.3, 159.5, 159.6";

7) in Item of 1 part three of Article 150 of the word "159.4 part one" to exclude;

8) in Article 151:

a) in Item 3 parts two of the word "159.4 parts two and third" to exclude, words "171.1 parts two," shall be replaced with words the fourth and sixth "171.1 parts one. 1, the second, fourth and sixth", "the 180th part three" shall be replaced with words words "180 parts three and the fourth";

b) in word part five "159.4 parts two and third" to exclude, words "171.1 parts two," shall be replaced with words the fourth and sixth "171.1 parts one. 1, the second, fourth and sixth".

Article 3

Item 6 of article 1 of the Federal Law of November 29, 2012 No. 207-FZ "About introduction of amendments to the Criminal Code of the Russian Federation and separate legal acts of the Russian Federation" (The Russian Federation Code, 2012, No. 49, the Art. 6752) to declare invalid.

 

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