Changes in criminal legislation in the business sector
The Supreme Court of Russia made an important decision concerning protection of entrepreneurs from allegation of group crimes.
Law enforcement practice often shows examples of accusing entrepreneurs of creating a criminal community on the sole basis of their work in one company.
The Article 210 of the Criminal Code of Russia contains the following features of organization of criminal association:
- leadership of the criminal association or its constituent units;
- coordinating the actions of organized groups and creating sustainable links between them;
- development of plans and conditions to commit crimes;
- division of the spheres of criminal influence and incomes between groups.
Note to the Article adopted by the Federal law from April 1, 2020 No 73-FL states that working in one company must not classified as action in an organized criminal group.
At the same time, the Article 35 of the Criminal Code of Russia contains the provision that commission of a group crime, commission of a group crime by prior conspiracy, commission of a crime by an organized group or criminal association (criminal organization) entails more severe punishment.
In this regard, the Plenum of the Supreme Court of Russia made a special explanation about the possible guilt of economic crimes as part of a group of persons. When giving a legal assessment of such crimes, the courts should substantiate the following facts:
- whether each accomplice has intention to commit a crime as a part of a group of persons,
- whether there is a preliminary agreement between them on the joint commission of criminal acts,
- direct participation of each accomplice in the commitment of all or part of criminal acts.