Article 174 of the Criminal Code. Legalization (laundering) of monetary funds or other property acquired by other persons by criminal means

Money laundering or any other property in Russia is considered a serious crime. And it is customary to struggle with such violations. Remember, money laundering is a criminal offense. And for him, appropriate punishment is imposed. But to what extent? This article will tell Article 174 of the Criminal Code.

Without complications

Any financial transactions involving money and property acquired by criminal means, which serve to legitimize possession thereof, are punished. True, many people say that the punishment is not too serious.

This is a fine. Legalization of monetary funds or any other property presupposes the issuance of a payment in a certain amount as punishment. Namely up to 120 000 rubles. As an alternative option - withdrawal of the defendant's earnings for a year maximum.

Large sizes

Not too serious punishment. But in the considered situation many nuances are not taken into account. Rarely when money laundering or property has no burdensome factors. Therefore, it is worth considering more popular scenarios.

For example, according to Article 174 of the Criminal Code of the Russian Federation, several other forms of combating money laundering are used when the crime is committed on a large scale. In such circumstances, a fine still exists. It increases to 200,000 rubles or is expressed by the size of the offender's earnings for a period of 1-2 years (at the discretion of the court).

Work and again work

True, the fight against money laundering does not end there. And in the presence of burdensome circumstances there are various "new" punishments. When laundering property and money in large amounts, such take place.

We are talking about the appointment of forced labor. Such work is usually not accompanied by cash payments. Just have to work for about 2 years. The exact date will be set by the court, but the punishment can not exceed 24 months.

Prison Arrest

True, "dirty money", or rather people engaged in the laundering of these (or other property), are punished not only with fines or forced labor. The fact is that with criminal responsibility, many associate deprivation of liberty. Or rather, imprisonment. According to Article 174 of the Criminal Code of the Russian Federation, such a measure also takes place for the legalization of money and property acquired by someone by criminal means on a large scale.

Imprisonment will last for a maximum of 2 years. But that is not all. Additionally, a criminal can be fined. He will be 50 000 rubles as much as possible. As an alternative solution - withdrawal of the defendant's profit for 3 months. These are optional additional measures. But in practice they occur quite often.

Situation and collusion

And this is not the end of the article. After all, sometimes "dirty money" and the same property are obtained through the preliminary collusion of several persons or when using the official position. It does not matter in what extent the crime is committed - in small or large. But, if there was an official position or collusion with someone, prepare for serious punishments.

Namely forced labor for 3 years, and additionally you can be assigned a restriction of freedom. This is the so-called conditional term. It lasts up to 24 months. Plus, social work is imposed a restriction on work in some areas of activity, as well as on the possibility of occupying those or other positions (usually leading). Such a ban can not exceed 36 months.

As punishment, imprisonment can also take place. It will last up to 5 years. The court also charges a fine for money laundering by collusion or using official position. You'll have to pay up to half a million rubles. Or lose income for 3 years. In addition, after the prison they can impose a restriction on freedom on the offender. It will last a maximum of 2 years. Also, in addition to the conditional period, sometimes they are "tabooed" for work (employment of certain posts, as well as for conducting work in specific areas) for 36 months.

Organization and special size

According to article 174 of the Criminal Code of the Russian Federation, money / assets laundered illegally, by an organized group or on a particularly large scale are sometimes found. Try not to confuse the organization with the usual collusion. Perhaps, these are the most serious forms of our today's crime. And they are punished accordingly.

Forced labor still takes place. But they will last for a maximum of 5 years and will be accompanied by a restriction of freedom. It, in turn, can not exceed 2 years. True, not always a conditional period for forced labor is appointed. As a "bonus," the court is able to sentence in addition to three years of restrictions on the conduct of activities in certain areas, as well as the right to occupy any specific positions.

Deprivation of liberty is also possible. Compared with all other cases, imprisonment will increase in duration. And now this punishment will be 7 years. To deprivation of liberty have the right to impose a monetary penalty - either a million rubles, or a citizen's earnings for 5 years. The conditional term and "taboo" for positions and work also take place. They can be up to 2 and 5 years, respectively.

Comments and composition

In Article 174 of the Criminal Code, the commentary plays an important role. He clarifies many of the nuances of the crime. For example, it reveals what is meant by transactions with property or money. This is any manipulation of documents aimed at "adjusting" the established civil property rights. Such actions include donation or inheritance. Pay attention - the responsibility will come, even if the citizen has once "laundered" money or property.

There is an even more important point in Art. 174 of the Criminal Code - the crime. In general, it is worthwhile to understand that the above measures will apply to you when the legalization of money or property was accompanied by illegal transactions. In this case, property must be extracted from the very beginning by criminal means. Otherwise the corpus delicti will not be.

Violation is accompanied by direct intent. That is, the perpetrator understands that money or property is obtained through criminal means. All the circumstances of acquiring a person who "laundered" finance or property may not be known. But the subject is understood as any person who performs financial transactions or transactions with illegally obtained property.

In principle, these are all important points regarding the article of the Criminal Code of the Russian Federation. You need to pay attention to the last clarification. A particularly large transaction size starts from a million rubles. Otherwise, the crime is considered to be committed on a large scale or small (up to 250,000).