In accordance with domestic legislation,organizations and individual entrepreneurs on a contractual basis, subject to the availability of a relevant license, may provide both legal entities and physical services for the protection of their interests and rights.
Terms of reference for private detectives and securitystructures is defined by a separate law. In practice, it is not uncommon for employees of such organizations to afford much more than allowed. For exceeding authority, the legislator establishes what is, in fact, what is said in Article 203 of the Criminal Code of the Russian Federation, criminal responsibility.
Description of the simple composition
As regards the first criminal law,simple crime. It takes place when a member of a private security organization (subject to having the appropriate certificate) or a private detective performs actions that go beyond their powers established by law, and thereby significantly violate the legitimate interests and rights of legal entities and individuals, or interests state and (or) society, protected by law.
When qualifying for the first part of Article 203 of the Criminal Code, the criminal faces punishment in the form of:
- a fine in the amount of 100 to 300 thousand rubles. or in the amount of any income of the convicted person, including salary, for a period of 1 to 2 years;
- restrictions on freedom for a period of up to 2 years;
- forced labor (up to 2 years) with burdening in the form of deprivation of the right to hold office in a certain position or perform any specific work for a period of up to 2 years.
In part two of Article 203 of the Criminal Code of the Russian Federation aswhich characterizes the criminal act, is the use of weapons or special means replacing it, which resulted in the occurrence of consequences for the victim, regarded as grave (including death).
Sanction is expressed in the deprivation of the guilty personfreedom for up to 7 years with additional punishment in the form of a ban on the conduct of a certain type of activity and stay in certain positions up to 3 years.
Characteristics of the object
Object of the crime, classified by 203article of the Criminal Code of the Russian Federation, is the procedure established by the legislator for the performance of private security and detective activities. In addition, it refers to the health of citizens, who was harmed as a result of illegal actions by employees of these organizations.
Note that familiar with the order under which private activities (detective and security) should be carried out, can be found in the Law of the Russian Federation No. 2487-1, adopted on 11.03.1992.
Characteristic of the objective side
According to article 203 of the Criminal Code of the Russian Federation, the objective sideof the unlawful act in question is expressed in excess of the powers established by law and granted by the relevant license, contrary to the tasks of this type of service.
In accordance with the law, private detectivesit is prohibited to hide the facts that they have become aware about crimes committed or being prepared from law enforcement bodies, and also impersonate police officers and collect information related to personal life, religious and political beliefs of individual citizens.
Thus, the excess of the guilty parties(this is also mentioned in the comments to Article 203 of the Criminal Code of the Russian Federation) may be referred to if actions committed by law (using violence or threats) are committed, and if the acts committed go beyond the rules defined in the license for the right to carry out activities security and detective). Any activity of this kind is contrary to the tasks of security or detective services. The powers of the guard or detective in the contracts concluded with the clients are specified.
The composition of the article is material. In other words, in order for the crime to be declared complete, there must be a socially dangerous consequence.
Subject and subjective side
The crime being analyzed, expressed inexceeding authority, has a special subject. Such is the employee of a private security company, provided that he has an appropriate identity card or a private detective.
The subjective side is defined as a direct intent.
Comments on Article 203 of the Criminal Code of the Russian Federation
Exceeding the established powers, committedcontrary to the tasks assigned to private detective agencies, takes place when the actions of the guilty person are aimed at violating the law or are associated with the creation of obstacles to the activities of judicial and (or) law enforcement agencies. Note also that, according to the law, persons who have a license for detective, security activities have the right to use special means, and the latter - also weapons.
In accordance with the comments to Article 203 of the Criminal Code of the Russian Federation, the excess of authority by a guard has the same legal nature as a similar crime committed by a private detective.
The use of violence or the threat of its commission -this is a qualifying feature specified in part two of the rule. It can be carried out by means of weapons or special means and involves the onset of consequences, including serious ones. Comments define that violence can be expressed in any actions that are related to the physical impact on the victim: this is causing pain, harm to health, tying, handcuffing, and so on.
Under the threat of violence against a personshould be understood only the threat of causing any physical impact. When intimidating the destruction of property, blackmailing the qualification for the article is excluded.