Deputy Chairman of the faction "Fair Russia" in the lower house of parliament Oleg Nilov today brings to the State Duma a draft law "On amendments to some legislative acts of the increased responsibility for grave and especially grave crimes committed with the use of his or her official duties, the impossibility of applying penalties form of probation, as well as the introduction of forfeiture of illegally acquired property for such persons. " Within these amendments MP offers tougher penalties for serious or very serious crimes committed with the use of his or her official duties: enter "the impossibility of punishment (against them) probation and entered confiscation of illegally acquired property.
The bill covers the following offenses under the Criminal Code: organization of a criminal community (criminal organization) or participation in it (her); banditry; falsification of the criminal case and the prosecution of persons known to be innocent of committing a crime; all crimes related to trafficking in narcotic drugs and psychotropic substances (manufacture, storage, sale, trafficking, smuggling); embezzlement; accepting a bribe; intermediation in bribery; legalization (laundering) of money or other property acquired by other persons by criminal means; legalization (laundering) of money or other property acquired by a person in the commission of a crime; purchase or sale of property knowingly obtained illegally; organization of prostitution; fraud and all of its forms.
- No wonder our President in his address noted the special importance of the problem of equating the terrorists corrupt and embezzlers in the defense sector. But we must go further, constantly trying to get rid of these pests and civil sphere. Looting of state budgets at all levels need to equate, if not the terrorists, by gosizmennikam and apply stricter sanctions that might scare off once and for all from such actions of those who are still involved in this criminal network - said Oleg Nilov. - Figuratively speaking, it is necessary to first remove rzhu with checkers, which we are going to cut hairy arms embezzlers, and already clear this sword, we can be sure that it will be to cut accurately and clearly.
Together with the abolition of probation Oleg Nilov proposed legislative changes and the confiscation of illegally acquired property of the convicted for crimes committed with the use of power, the relatives of the criminal.
Thus, in the hours. 2, Art. 7 of the Federal Law № 144 "On operative-investigative activity" bill proposed to add a new paragraph. 5, which will determine the rules of studying the reliability of information on the legality of the origin of money, property and other assets of close relatives of the convicted person has committed a crime using his official powers.
The bill also provided to supplement n. 1, Art. 13 of the Federal Law № 273 "On Combating Corruption" legislative norms for compensation for damage caused by the Russian Federation, at the expense of the convicted perpetrator of a crime using their official authority or by relatives, if they can not prove the legal origin of the money and property that This case will be considered money and property received as a result of a crime or the proceeds of such an act.
- Confiscation was used before, but, as a rule, such a measure is provided for intruders, and all the property in advance corresponded to relatives. As for the cancellation of a conditional sentence, this issue is not unique. Now even for murder under certain circumstances may be imposed punishment of probation, - said the head of the Moscow Bar Andrei Knyazev. - It is possible, of course, oblige the Court to apply more stringent measures in the cases referred to in the bill. Although the cases are different, and the share of the accused - too. Now the notional penalty applies approximately 50% of the convicts, the second half is still imprisoned.
Some experts in the field of law and the fight against corruption have expressed concern that the norm on confiscation of property from relatives convict may lead in practice to negative consequences.
- Human rights activists to tighten this kind are treated with some caution. In our country, the norm in their implementation is often different from how it was intended by the legislator, - said the expert of the National Anti-Corruption Committee (NAC) Ilya Handrikov. - That is not excluded that give their property and to "sit" for corrupt officials to be scapegoats rather than the main criminals. I think the main thing - it is the certainty of punishment.
Earlier this year, the head of the UK Russia Alexander Bastrykin at board meeting said that in 2013 the number of criminal cases of corruption has increased by a third. So, last year, the investigators received more than 45 thousand. Messages about corruption. Was opened on 28 th. Of criminal cases, which is 10 thousand. More than in 2012.