Criminal responsibility for bribery: analysis of statistical materials and judicial practice in the Kaliningrad region
In the Kaliningrad region in 2016–2017 years courts rendered a guilty verdict in less than half the cases of criminal cases for bribery. Frequent reasons: lack of evidence of guilt, expiration of the limitation period, retraining, lobbying of interests, etc.
Criminal cases with an unsuccessful judicial perspective are the receipt of bribes on a large scale, over which the courts issued mild sentences. Such sentences undermine the principle of justice and the citizens’ faith in justice, create social tension in society.
In order to improve legislation and effectiveness of punishment for crimes under art. 290-291.2 of the Criminal Code of the russian Federation it is proposed to make the following changes to it: to transform relatively certain sanctions into certain sanctions; to exclude such types of sanctions as fine, corrective and forced labor; to increase the term of imprisonment the minimum period of five years; introduce an additional measure of punishment in the form of confiscation of property from the offender and his immediate family; to complement Part 1 of art. 290 of the Criminal Code of the russian Federation after the words «or the benefits of property» by the word «non-property» to determine the nature of the benefit that the official extracts for the bribe received; and also exclude р. 3 from part 1 of art. 575 of the Civil Code of the russian Federation or amend it to prohibit the granting of monetary funds to an official in any amount.
Keywords: bribery; receiving bribes; giving bribes; mediation in bribery; petty bribery; the size of the bribe; criminal liability; sanctions; confiscation
2. Portal pravovoj statistiki [Portal of legal statistics]. available at: http://crimestat.ru (accessed 12.03.2018). (In russ.).
3. Poslanie Prezidenta rossijskoj Federacii Federal’nomu Sobraniyu ot 01.03.2018 [Message of the President of the russian Federation to the Federal assembly from 01.03.2018]. access from the reference legal system «ConsultantPlus». (In russ.).
4. available at: http://prokuratura39.ru (accessed 12.03.2018). (In russ.).
5. available at: http://kld.sledcom.ru (accessed 12.03.2018). (In russ.).
6. available at: http://tass.ru (accessed 12.03.2018). (In russ.).
7. available at: https://39.мвд.рф (accessed 12.03.2018). (In russ.).