Article 230. The Exceeding by Employees of Private Security Services of Their Authority

1. Exceeding of lawful authority by the head or an employee of a private security service, which is granted to him in accordance with a license, contrary to the objectives of his activity, if this act is committed with violence or a threat to apply it, -

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to five years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

2. The same act committed with the use of arms or special means, or which caused serious consequences, -

shall be punished by imprisonment for a period from three to eight years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

Article 231. Bribe in a Commercial Context

1. Illegal transfer to a person, who exercises managerial functions in a commercial or other organisation, of money, securities, or other property, as well as illegal rendering to him of services of a material nature for the use by him of his official position in the interests of a person committing subornation, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by restriction of freedom for a period up to two years, or by imprisonment for the same period.

2. The same act committed repeatedly or by a group of persons upon a preliminary collusion, or by an organised group, -

shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eight months, or by restriction of freedom for a period up to three years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to four years.

3. Illegal receipt by a person, who exercises managerial functions in a commercial or other organisation, of money, securities, or other property, as well as the receipt by him of services of a material nature rendered for the use of his official position in the interests of a person carrying out subornation, -

shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices or in an amount of wages or other income of a given convict for a period from five to eight months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to two years, or by restriction of freedom for a period up to three years, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to three years.

4. Acts stipulated by the third part of this Article, if they:

a) were committed by a group of persons upon a preliminary collusion or by an organised group;

b) are committed repeatedly;

c) are accompanied by extortion, -

shall be punished by a fine in an amount from seven hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years, or by imprisonment for a period up to five years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

Note. 1. A person who committed acts stipulated by the first or second part of this Article, shall be exempt from criminal liability, if there was extortion (took place) with regard to him, or if that person voluntarily informed about a bribe the body which has the right to institute a criminal case.

2. A transfer or receipt of property, rendering of services of property nature or use of such services as a gift or remuneration, provided there is no prior collusion for prior committed legitimate acts, if the value of the property or services does not exceed two monthly assessment indices, shall not be recognised as a crime by virtue of insignificance and it shall be prosecuted through the disciplinary or administrative procedure.

Date: 2014-12-21; view: 962