Article 330 of the Criminal Code "Self-rule" with comments. How to get away from Article 330 of the Criminal Code of the Russian Federation?

Quite often in Russia there is a crime called arbitrariness. Far not the most terrible violation, but it takes place. He is held criminally responsible for this or that scale. True, not in a very rigid form. Therefore, many allow themselves to engage in arbitrariness. Possible measures to suppress this crime are covered by Article 330 of the Criminal Code of the Russian Federation. But what kind of concrete deed is it? And what sanctions will apply to the defendant? Is it possible to avoid some kind of punishment for this article? About all this further!

The concept of

The first thing to do is to figure out what exactly we are dealing with. After all, arbitrariness should have some clear definition that characterizes the violation. This should help distinguish arbitrariness from similar crimes.

The way it is. By arbitrariness is understood the arbitrary actions of a citizen who violate the norms and rules established by law. The legality of actions in such a situation can be challenged by other people or organizations.

As you can see, not everything is as simple as it seems. Something arbitrariness is similar to robbery or extortion, for example. But the distinctive features of this crime is still there. Usually it is aimed at the realization of already existing legal rights. For example, arbitrariness can be called the work of collection companies, accompanied by extortion, threats or damage to property. What can the article 330 of the Criminal Code of the Russian Federation say about this? What penalties are imposed for this crime?

Fine

Usually, criminal liability, which is not the most serious, is expressed in cash payments. To be more precise, a fine in various sizes. Self-rule without features, but providing significant harm to anything, is accompanied in the first place by just such punishment.

In this case, the fine is not very large. It reaches a maximum of 80,000 rubles. As an alternative, the court sometimes decides to withdraw the income (usually the salary) of the defendant for a certain period of time. Self-rule with substantial damage is punishable by payments in the amount of the offender's profits for a maximum of six months.

Work days

This does not end all the measures put to the perpetrator. Public works in one form or another - this is what the article 330 of the Russian Criminal Code "Self-Justification" implies. If there were no aggravating circumstances, with the exception of the significant damage caused, one can hope to serve the sentence in the form of social labor.

What is it about? Mandatory and corrective works are appointed. In the first case, they can not exceed 480 hours, in the second - 24 months. Not the worst punishments, but they do occur. In practice, there are also not very often. Despite this, Article 330 of the Criminal Code of the Russian Federation "Self-rule" provides for several more types of punishments and situations related to our today's crime.

Arrest

For example, what if the court considers all of the above measures inadequate? Is there really no punishment? Or maybe it is taken out just to the discretion of the judiciary is completely different?

Not at all. Article 330 of the Criminal Code, in addition to the above penalties for arbitrariness with substantial damage, provides for the last significant version of the "penalty". Namely, the arrest. Far from being the most serious punishment in the entire Criminal Code, but it does take place. And for some, it is indeed a valid argument for abstention from arbitrariness.

In this situation, the arrest will not be too long. Maximum, laid on the article - 6 months. And after no additional measures of restraint, a second offense is not appointed. Although this punishment really motivates many people not to commit arbitrariness. Many are afraid of arrest.

Violence and Threats

What does Article 330 of the Criminal Code specify? Judicial practice, and the legislation of the Russian Federation, face arbitrariness, which was accompanied by threats of use or direct implementation of violence. These are burdensome circumstances that impose more serious penalties on the offender.

There are no penalties in this case and can not be. But no one canceled social labor. True, he now has an exclusively compulsory nature, and also lasts for a maximum of 60 months. It is this variant of the development of events that will be considered by the court when the arbitrariness was accompanied by violence or threats of using it.

Arrest is also taking place. But it is no different from the previous case. That is, such a conclusion can last six months maximum. And nothing more. This is how article 330 of the Criminal Code of the Russian Federation reads (with and without comments). True, there is the last measure of fighting criminals who committed arbitrariness, threatening or using violence. Which exactly?

Encroachment on freedom

In the majority of the population, criminal responsibility is associated with imprisonment. To some extent, it is so. After all, for a certain punishment or in the presence of aggravating circumstances, this measure is often appointed.

With arbitrariness, it also takes place. If the crime was accompanied by threats or the use of violence, the defendant can "jail" for 5 years. The term can be reduced to the discretion of the court, which in practice is almost never found.

Ambiguity

This concludes article 330 of the Criminal Code "Self-rule." Comments to her bring some clarity in the nuances of the crime. The thing is that any person who has reached the age of 16 is capable of being the subject of the act. A person must be sane, adequate. In this case, the penalty will be imposed on the above points, taking into account the circumstances of the case.

But sometimes arbitrariness is committed by officials, employees of detective and security services. Under similar circumstances, the article studied loses its relevance. Instead, the acts are classified according to articles: 286, 285 or 203 of this Code of the Russian Federation.

How to avoid

Some citizens are interested in how to get away from Article 330 of the Criminal Code of the Russian Federation. Can this be done? Easy! It's enough just to act according to the law, not to violate the established rules.

All that is required of you is to prove the validity of your actions. After all, initially a citizen, according to the definition of a violation, has certain powers to exercise certain rights. If you can prove that you have not violated any established norms, you will be able to avoid punishment.

How else can you avoid Article 330? You can try to act through a trusted person who will not "surrender" you. Then it will be on him all the charges that are not too honest and correct.