Financial Crime World

Russian Supreme Court Clarifies Criminal Code Provisions on Financial Crimes

A Landmark Move to Ensure Justice

Moscow, Russia - In a significant move, the Russian Supreme Court has issued two draft resolutions aimed at resolving complex issues related to financial crimes and their qualification under the Criminal Code of the Russian Federation.

The Resolutions

The first resolution, dated July 7, 2015, No. 32, addresses judicial practice in cases of money laundering and acquisition or sale of property obtained through criminal means. The document provides guidelines for judges on how to apply the relevant provisions of the Criminal Code, particularly Article 174 (money laundering) and Article 175 (acquisition or sale of property knowingly obtained by criminal means).

The second resolution, dated November 26, 2019, No. 48, focuses on the practice of courts in applying legislation on liability for tax crimes. The document aims to clarify the application of provisions related to tax crimes, including Articles 171 and 172 of the Criminal Code.

Key Provisions


  • Provide guidance on the qualification of financial crimes, including those related to money laundering, tax evasion, and embezzlement.
  • Clarify the application of provisions related to complicity in financial crimes and the role of co-execution in their commission.
  • Address issues related to intent and negligence in financial crimes, as well as the concept of “extreme necessity” and “reasonable risk” in cases where harm is caused to public finance.

Experts Weigh In


“The Supreme Court’s resolutions will undoubtedly have a positive impact on the fight against financial crimes,” said Dr. Natalia Petrova, a leading expert on criminal law. “By providing clarity on complex issues related to financial crimes, the court is helping to ensure that justice is served and that perpetrators are held accountable.”

Implementation


The Russian Supreme Court’s resolutions will be implemented through:

  • A series of training programs for judges and prosecutors
  • The publication of guidelines and explanatory materials

Conclusion

The Russian Supreme Court’s efforts to clarify criminal code provisions on financial crimes represent an important step towards strengthening the country’s legal framework and ensuring justice for victims of financial fraud.