Ст.200 of the Criminal Code - a norm that has long since lost its force. It had many editions and amendments, but in the current law it was abolished. But, despite this fact, the article is of great importance and had it at a time when it was relevant, as it touched upon a very important issue, namely, deception of consumers.
Objective side as an element of crime
Since the article in question has long since lostforce, but it happened in 2003, find art. 200 of the Criminal Code with comments that would be relatively relevant, is rather difficult. This is important because they help us to consider everything in greater detail. However, it is still possible to determine the composition, if you pay attention to the latest version of this rule.
So, to start appropriately on the objective side, thenthere is an outward manifestation of crime. As says st.200 of the Criminal Code of the Russian Federation, deception of consumers is expressed in several actions: to measure, weigh or cheat, that is, actions that are manifested in any deceit connected with this type of relationship. Similar methods are possible both alternatively and can occur simultaneously.
The composition of this crime is consideredmaterial, since it is over from the moment of the consequences. In addition, optional features are considered important, namely one of them is the place of commission of the act. It should always be an organization, a store offering goods and concluding a public contract. It is also important that the fraud should be carried out in a significant amount, namely - to exceed one tenth of the minimum wage.
An object
The Art.200 of the Criminal Code of the Russian Federation belonged to the sphere of public relations related to economic interests. Accordingly, they were the direct object in this act. In addition, it can be ranked and relations that affect the property interests of just the people who are considered consumers.
In this crime again pops upoptional feature, only now the object. This is the object, that is, the property to which the encroachment is carried out. In a concrete situation, these are material goods that are commodities and are expressed either in money or in certain specific things and products that have a particular state or other price.
Subject of crime
The law for the whole time of its existenceprovided for general criteria for determining the subject of a particular act. This is a physical sane person who has reached the required specific age. In this case, the rules remain unchanged, although Art. 200 of the Criminal Code has lost power for quite some time.
You might think that the subject here canSpeak only the store itself or another organization, which is contrary to the rules. The legal person, as is known, is not held to account under criminal law, and the considered, no longer valid rule says that in this crime the subject will always be special.
What does this mean?A similar kind of subject says that no one else can be responsible for the act in question and be a suspect in the case, except for a specific person. So, in the case with Art. 200 of the Criminal Code of the Russian Federation, only a permanent or possibly temporary employee of a store or other organization that sells goods will be guilty. Other persons will not be subjects of the crime, respectively.
The subjective side
Just as with the subject, the question of guilt is unchangedthroughout the period of the existence of the Criminal Code of the Russian Federation in 1996. Two of its forms were not changed, that is, intent and imprudence were, are and will always be as mandatory signs of a crime, without which there will be no basis for prosecution at all.
Deception of consumers is carried out according tocomments to the article solely with direct intent. That is, if the misleading of the citizen was committed through negligence, because of inattention, negligence, then the composition in such actions will not be observed. This is an important point for bringing charges and in principle for establishing the truth, although this norm does not work now.
Qualifying signs. Penalties
Art.200 of the Criminal Code establishes several aggravating circumstances, which are fixed in its second part. They should include, first, the commission of an act by a person who was previously convicted under this article, and secondly, an unchanged group of persons. And thirdly, when the fraud is carried out in a large size, which must be at least one SMIC according to the note.
The second important aspect of this article -punishment. Sanctions include fines, correctional labor, and imprisonment. Perhaps even the establishment of a ban on the implementation of any activity. The most severe penalty is established by part two of Art. 200 of the Criminal Code - two years of imprisonment, together with the lack of the right to engage in any activity for three years.
