RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 17, 2015 No. 56

About court practice on cases on racketing (article 163 of the Criminal Code of the Russian Federation)

For the purpose of ensuring unity of practice of consideration by courts of criminal cases about racketing, and also in connection with the questions arising at courts, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation and articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. Draw the attention of courts that nature of public danger of crime, stipulated in Article 163 Criminal Codes of the Russian Federation (further - the Criminal Code of the Russian Federation), is determined by orientation of infringement of the relations of property and other property relations, and also on the personality (health, immunity, honor and advantage, other rights and legitimate interests). It is necessary to consider that in case of racketing the perpetrator affects intentionally receipt of material benefit for itself or other persons.

2. The property, namely things, including cash, documentary securities belongs to racketing subject of sense of article 163 Criminal Code of the Russian Federation, in particular, others (that is not belonging to the guilty person on the property right); non-cash, bank entry securities, and also property rights, including rights to claim and exclusive rights.

The right to property with which transfer requirements in case of racketing can be connected in article 163 Criminal Code of the Russian Federation is understood as the opportunity certified in documents to perform competences of the owner or the legal owner concerning certain property.

3. The actions which are not connected directly with transition of the property right or other corporeal rights belong to other actions of property nature to which making the requirement in case of racketing is directed (in particular, works or rendering the services which are paid in usual conditions of civil circulation; execution by the victim for the guilty person of obligations).

4. As the victim from racketing not only the owner or the legal owner, but also other actual owner of property (for example, the person which is performing protection of property or having to it access to force of service duties or the personal relations) can be recognized to whom physical, property or moral harm is done.

5. In sense of part 1 of article 163 Criminal Code of the Russian Federation it is necessary to carry his close relatives (the spouse, the spouse, parents, children, adoptive parents adopted, brothers and sisters, the grandfather, the grandmother, grandsons), relatives to relatives of the victim (all other persons, except for close relatives, consisting related to the victim), and also the faces consisting in property with the victim or persons whose life, health and wellbeing are expensive to the victim owing to the developed personal relations.

6. Courts need to mean that the racketing provided by part 1 of article 163 Criminal Code of the Russian Federation assumes availability of threat of application of any violence, including threat of murder or causing severe harm to health. The threat by which the requirement in case of racketing is followed shall be perceived injured as real, that is it shall have bases to be afraid of implementation of this threat. For threat assessment as real does not matter, intention to perform it immediately or in the future is expressed to guilty persons.

7. The racketing is completed crime since the moment when the imposed requirement connected to the threat specified regarding 1 article 163 Criminal Code of the Russian Federation is brought to the attention the victim. Failure to carry out by the victim of this requirement does not influence legal evaluation of deeds as completed crime.

8. Do not form cumulative offenses the numerous requirements under the threat specified regarding 1 article 163 Criminal Code of the Russian Federation turned to one or several persons if these requirements are combined by single intention and are directed to occupancy by the same property or the right to property or to receipt of material benefit from making of the same action of property nature. As single crime it is necessary to qualify also the requirement directed to periodic transfer to the victims of property (for example, monthly transfer of certain sum of money).

9. If the racketing is integrated to beating, making of other violent acts which caused physical pain and also to causing lung or average weight of harm to health, torture, then such actions of the guilty person it is necessary to qualify on the Item "in" parts 2 of article 163 Criminal Code of the Russian Federation without additional qualification under Articles 112, of 115, 116 or 117 Criminal Code of the Russian Federation.

In case of intentional causing to the health which was injured severe harm the deeds are qualified on the Item "in" part 3 of article 163 Criminal Code of the Russian Federation and do not require additional qualification under article 111 Criminal Code of the Russian Federation.

If in case of racketing causing severe harm to health of the victim entailed his death on imprudence, the deeds should be regarded as cumulative offenses, stipulated in Item "in" part 3 of article 163 Criminal Code of the Russian Federation and part 4 of article 111 Criminal Code of the Russian Federation.

The racketing integrated to murder is qualified on cumulative offenses, stipulated in Item "in" part 3 of Article 163 and the Item "z" of part 2 of article 105 Criminal Code of the Russian Federation.

10. In case of the solution of question of otgranicheniya of robbery and robbery from the racketing connected to violence, courts should consider that in case of robbery and robbery violence is means of occupancy by property or its deduction whereas in case of racketing it supports threat. Occupancy by property in case of robbery and robbery happens along with making of violent acts or right after their making, and in case of racketing the intention of the guilty person is directed to receipt of required property in the future.

In cases when the racketing is integrated to direct withdrawal of property of the victim, in the presence of real cumulative offenses these actions depending on nature of the applied violence shall be qualified in addition as robbery or robbery.

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