Article 203 of the Criminal Code: composition, comments

In accordance with domestic legislation, organizations and individual entrepreneurs on a contractual basis, subject to the availability of an appropriate license, can provide both legal entities and physical services to protect their interests and rights.

The terms of reference for private detectives and security structures are 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

In the part of the first criminal law, a simple crime is described. It occurs 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 convict, including wages, 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 activity for a period of up to 2 years.

Qualifying signs

In part two of article 203 of the Criminal Code of the Russian Federation, the use of weapons or special means replacing it as the qualifying feature of a criminal act was named, which resulted in the occurrence of consequences for the victim, regarded as grave (including death).

The sanction is expressed in depriving the guilty person of freedom for a term of up to 7 years with an additional punishment in the form of a ban on conducting a certain type of activity and staying in certain positions for up to 3 years.

Characteristics of the object

The object of the crime, classified under article 203 of the Criminal Code of the Russian Federation, is the procedure for the implementation of private security and detective activities established by the legislator. In addition, it refers to the health of citizens who are harmed as a result of illegal actions by employees of these organizations.

Note that familiar with the order under which private activity (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 side of the unlawful act in question is expressed in excess of the powers established by law and granted by the relevant license, in spite of the tasks of this type of service.

According to the law, private detectives are prohibited from hiding the facts that they have become aware of crimes committed or being prepared from law enforcement agencies, and impersonating police officers and collecting information related to personal life, religious and political beliefs of individual citizens.

Thus, the exceeding of the powers by the guilty persons (this is also mentioned in the comments to Article 203 of the Criminal Code of the Russian Federation) may be referred to if the actions prohibited by law (using violence or threats) are committed, and if the committed acts 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 a security guard or a detective in the contracts concluded with 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 analyzed crime, expressed in excess of 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, committed in spite of the tasks assigned to private detective agencies, takes place when the actions of the guilty person are aimed at violating the law or involve the creation of obstacles to the activities of judicial and (or) law enforcement agencies. It should also be noted that, according to the law, persons licensed for detective and 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 is a qualifying sign specified in part two of the norm. It can be carried out by means of weapons or special means and entail 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 use against a person of violence, one should understand only the threat of causing any physical impact. When intimidating the destruction of property, blackmailing the qualification for the article is excluded.