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Bill on criminal liability for budget funds embezzlement submitted to Duma

June 07, 2013, 15:05 UTC+3
The document contains a number of amendments to the RF Criminal
Material has 1 page

MOSCOW, June 7 (Itar-Tass) - The bill specifying the norms of criminal liability for the embezzlement of budget funds and funds of state-run corporations has been submitted to the State Duma lower house of Russia’s parliament.

The document, sponsored by the head of the Duma committee on security and combating -corruption, Irina Yarovaya, (United Russia), contains a number of amendments to the RF Criminal Code and the RF Criminal Procedure Code, as well as to the Law “On control over correspondence of spending of state officials and other persons with their income.”

In particular, it is proposed to introduce to the Criminal Code a new article - 164.1 “embezzlement of budgetary funds, funds of state non-budgetary funds and funds of a state-run company and state corporations.” Regardless of the method of embezzlement it is proposed to punish for it with compulsory community service for a term up to 5 years, or imprisonment for up to 7 years with a fine of up to 500 thousand roubles or in the amount of wages or other income of the convicted person for a period of up to three years or without it.

If the offense is committed by a person using his official position, in the performance of a state or municipal contract, as well as a state contract or state defence order on a large scale the imprisonment term can range from 7 to 12 years with a fine from 1 to 3 million roubles, or in the amount of wages or other income for a period of up to 5 years or without it, and with the restriction of freedom for up to two years, or without it.

If embezzlement is committed on an especially large scale, the punishments is to be more severe: imprisonment for a period from 8 to 15 years with a fine from 3 to 5 million roubles or wages or other income for a period of up to 5 years or without it, and with the restriction of liberty for up to 2 years or without it.

Yarovaya also proposes to introduce in the legislation the concept of corruption offenses and make their uniform list.

In the explanatory note to the document the MP noted that at present the legislation lacks “the definition of not only corruption offenses, but also of corruption crimes.” In this connection she proposed to introduce a definition of a “corruption crime” as a socially dangerous act committed with direct intent and for financial gain by a “special subject.” The MP believes that the list of corruption crimes should include 46 crime elements. It is also proposed to include in the list the crimes “committed in connection with major corruption offences (for example, legalization /laundering/ of money or other property acquired through the commission of a corruption crime, obstruction of justice or preliminary investigation of corruption crimes).

In addition, the head of the Duma committee considers it expedient to establish a new kind of responsibility that is “not related to criminal law.” According to her, “in the event of the opening of a criminal case against a person suspected of committing a corruption crime, the spending control mechanism is activated at the same time.” According to the MP, it “will strengthen the fight against corruption.” In addition, Yarovaya believes, “this will create a possibility of the return of funds gained by illegal means.”

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