St. 215 of the criminal code: description, comparison with articles 215.2, 215.3

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2018-03-21 03:54:10

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Crimes related to the violation of the rules of conducting various kinds of works which includes and unlawful acts classified under article 215 of the criminal code, are found in judicial practice is relatively rare. However, taking into consideration statistical data and historical facts, we can say that the worst catastrophe in the history of mankind, connected with nuclear energy, one way or another, happened because of violation of safety standards at these facilities during construction, their location, design and subsequent operation.

article 215 of the criminal code

St. 215 of the criminal code: a simple composition

A Simple structure of the criminal acts under criminal law provides for liability for acts in violation of safety rules during the construction, design, siting and the operation of the facilities related to nuclear energy, if it could lead to contamination (radioactive) environment or the death of a man. The following types of sanctions:

  • Up to 200 thousand roubles of the penalty or wages (other income) of the perpetrator for 1.5 years;
  • Compulsory works for a period up to 3 years;
  • Up to 3 years of restriction of freedom;
  • Imprisonment up to 3 years.

While the last three sanctions can be imposed together with deprivation of a special right of the convict to work for a certain position or to engage in professional activities for the same period.

Qualifying features of composition

article 215 of the criminal code with comments

Qualifying features (under part 2 of article 215 of the criminal code) will be consequences in the form of causing on imprudence of harm to health, classified as grave, or the death of a human contamination of the environment by radiation. For this offence provides for the following sanctions:

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  • Compulsory works for a term up to 5 years;
  • Imprisonment up to 5 years.

Can be assigned additional punishment, as expressed in the deprivation of a special right to work in a certain position or to engage in professional activities for a period up to 3 years.

Particularly aggravating circumstances of composition

St 215 2 of the criminal code comments

The most aggravating part is when the result of the criminal acts specified in the first part of the article, inadvertently killed two or more people. In this case, the penalty is expressed as:

  • Forced labour for up to 5 years;
  • Imprisonment up to 7 years.

Additionally, the court may appoint another punishment. Such is the deprivation of a special right to work in a certain position or to engage in professional activities for a period up to 3 years.

Feature of the objective side and object

Crimes under article 215 of the criminal code, we have two object (main and additional). In the first case it is the security of the society in the field of design, location, construction and subsequent operation of facilities related to nuclear energy. An additional object – ownership of people, their health and life.

The Objective side of this criminal act can be described with the characteristics listed below:

  • Violation in this area safety rules;
  • The consequences dangerous to society in the form of threats of death of the person or of radiation contamination of the environment;
  • Set between the first two paragraphs of cause-and-effect relationship.

The Subject and the subjective side

St 215 2 of the criminal code of the Russian Federation

The Subjective side in this case can be described as negligence in relation to harmful consequences, the security rules objects belonging to the field of nuclear energy, there can be, consciously.

The Subject of the crime is specified, it is persons over age 16 years and officials or other rank and file employees who by the nature of the activities directly related to compliance at the objects of atomic energy safety regulations.

Comments

This provision of the criminal law is quite complex and the structure with all its simplicity. St. 215 of the criminal code with comments will allow you to see the nuances. They mainly concern the disposition, which is a blanket. You must exactly identify what was violated by the perpetrator of the rules. To do this, refer to the Federal laws and departmental regulations concerning nuclear energy.

Comparison with articles 215.2, 215.3

St 215 3 of the criminal code

All three of the criminal law belong to one category and at first glance have shared species traits. However, the main differences can be traced when looking at the objective in these criminal acts. So, in the case of article 215.2 of the criminal code, is not public security, and relations connected with the supply sources of livelihood of the consumers. The composition in this material, the crime is considered committed at the moment when implemented in any of the normal actions. The subject General.

Enlightening article 215.2 of the criminal code comments.So, to power facilities owned by the power plants and substations, power lines, etc.

The Perfect criminal act is subject to qualification on set with other related crimes directed against property.

Similar objective side is a criminal act that falls under article 215.3 of the criminal code. It is also the destruction, reduction in disrepair, in this time of gas pipelines, oil pipelines and oil product pipelines, and also objects technologically connected with them. The composition of the material is considered to be formal. The subject is also common.


Article in other languages:

AR: https://tostpost.com/ar/the-law/11356-215-215-2-215-3.html

BE: https://tostpost.com/be/zakon/20345-st-215-kk-rf-ap-sanne-para-nanne-z-artykulam-215-2-215-3.html

DE: https://tostpost.com/de/das-gesetz/20356-st-215-des-strafgesetzbuches-beschreibung-vergleich-mit-den-artikeln-2.html

ES: https://tostpost.com/es/la-ley/20367-art-215-del-c-digo-penal-la-descripci-n-la-comparaci-n-con-el-art-culo.html

HI: https://tostpost.com/hi/the-law/11367-215-215-2-215-3.html

JA: https://tostpost.com/ja/the-law/11367-215-215-2-215-3.html

KK: https://tostpost.com/kk/za/20338-st-215-rf-k-sipattamasy-salystyru-baptaryna-215-2-215-3.html

PL: https://tostpost.com/pl/prawo/20313-art-215-kodeksu-karnego-opis-por-wnanie-z-artyku-ami-215-2-215-3.html

PT: https://tostpost.com/pt/a-lei/20311-art-215-c-digo-penal-a-descri-o-a-compara-o-com-os-artigos-215-2-215-3.html

TR: https://tostpost.com/tr/hukuk/20348-madde-215-ceza-kanunu-a-klama-kar-la-t-rma-makaleler-ile-215-2-215-3.html

UK: https://tostpost.com/uk/zakon/20331-st-215-kk-rf-opis-por-vnyannya-z-stattyami-215-2-215-3.html

ZH: https://tostpost.com/zh/the-law/12145-215-215-2-215-3.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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