Article 357. Illegal Actions with Regard to Property Subjected to Distrainment or Attachment, or Subject to Confiscation

1. Embezzlement, alienation, concealment, or illegal transfer of property which was subjected to distrainment or attachment, or upon which a restriction is imposed with regard to its disposal, which is committed by a person to whom that property was entrusted, as well as the commission by an employee of a loan organisation of banking transactions with monetary funds (deposits) which are attached, or with regard to which expenditures are suspended, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. Concealment or appropriation of property subject to confiscation under a court's judgement, as well as other evasion of the execution of a court's judgement which entered into legal force concerning the confiscation of property, -

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 imprisonment for a period up to three years with a fine in an amount up to fifty monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month.

Article 358. Escape from Places of Imprisonment, from Arrest, or Custody

1. Escape from places of imprisonment, from arrest, or custody, which is committed by a person enduring punishment or being in pretrial incarceration, -

shall be punished by imprisonment for a period up to three years.

2. The same act committed as follows:

a) by a group of persons upon a preliminary collusion;

b) with violence which is dangerous for life or health, or with a threat to use such violence;

c) with arms or objects used as arms, -

shall be punished by imprisonment for a period up to seven years.

Note. A person who voluntarily returned within seven days from the moment of the commission of an escape to the place of his imprisonment or under custody, shall be exempt from criminal liability for the escape, unless he committed another new crime, and unless his escape was combined with actions stipulated by subparagraphs b) and c) of the second part of this Article.

Article 359. Evasion of Endurance of Punishment in the Form of Imprisonment

A failure of a convict to return to a given penitentiary institution, who was permitted a short-time exit from the place of imprisonment, upon the expiration of the term of exit, as well as of a convict who has the right to move around, or who is under supervision, which is committed for the purpose of evasion of further endurance of punishment in the form of imprisonment, -

shall be punished by imprisonment for a period up to two years.

Article 360. Malicious Disobedience of the Administrative Requirements of a Penal Institution

Malicious disobedience of the legitimate requirements of the administration of a penal institution by a person serving punishment in a place of imprisonment, -

shall be punished by imprisonment for a period up to two years.

Article 361. Disorganization of Normal Activity of Institutions Providing for Isolation from the Society

1. A threat to use violence with regard to an employee of a place for imprisonment or a place of keeping under custody, as well as with regard to a convict for the purposes to impede his correction or out of revenge for the execution by him of a public duty, -

shall be punished by imprisonment for a period up to five years.

2. The use of violence, which is not dangerous for life or health, with regard to persons indicated in the first part of this Article, -

shall be punished by imprisonment for a period from three to seven months.

3. Acts stipulated by the first or second part of this Article, which are committed by a group of persons upon a preliminary collusion or with violence which is dangerous for life or health, -

shall be punished by imprisonment for a period from five to ten years.

Article 362. Non-Execution of a Court's Judgement, Court's Decision, or Other Judicial Act

1. Malicious non-execution of a court's judgement, court's decision, or of other judicial act which entered into legal force, as well as impeding their execution, -

shall be punished by a fine in an amount up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by detention under arrest for a period up to four months.

2. The same acts committed by a representative of the state authorities, a civil servant, an employee of a local administration body, as well as by an employee of a state organisation, commercial or other organisation, -

shall be punished by a fine in an amount from two hundred up to four hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to four months, 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 engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

3. Malicious violation of the Rules of administrative supervision established by the court over the persons released from the places of deprivation of freedom, and equally unauthorized departure by a person under supervision of his place of residence or failure to arrive within the established period to the selected place of residence after the release from the place of deprivation of freedom for the purpose of evasion of administrative supervision -

shall be punished with correction work for a period from one year to two years or arrest for a period from four to six months or deprivation of freedom for a period up to one year.

Article 363. Covering Up a Crime

The covering up of a grave or an especially grave crime, if it was not promised in advance, -

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 detention under arrest for a period from three to six months, or by restriction of freedom for a period up to two years, or by imprisonment for a period up to two years.

Note. A person shall not be subject to criminal liability for covering up a crime committed by his spouse or a close relative, if that person did not promise it in advance.

Article 364. A Failure to Report about a Crime

A failure to inform of an especially grave crime which is reliably known to be in preparation or already committed, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by detention under arrest for a period up to three months, or by restriction of freedom for a period up to one year.

Note. A spouse or a close relative of a person having committed a crime shall not be subject to criminal liability under this Article for non-reporting about the commission of a given crime, as well as ecclesiastics for not informing of crimes committed by persons who confided to them in confession.

Article 365. Impeding Legal Activity of Attorneys or Other Persons Associated With the Protection of Citizens and Rendering Legal Assistance to Them

Impeding legal activity of attorneys and other persons which is associated with the protection of citizens in criminal proceedings, as well as with the rendering of legal assistance to citizens and organisations, or other violation of the autonomy and independence of such activity, if these acts caused considerable damage to the rights and legitimate interests of citizens or organisations, or to interests of the society or the state protected by law, -

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

Chapter 16. Military Crimes

Date: 2014-12-21; view: 885