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This text describes Article 179 Part 2 of the Criminal Code of the Russian Federation, as well as the basic concepts described in this article and the punishment provided for by it. According to the Constitution Russian Federation, each person has his own personal rights, which no one can infringe or limit. The conclusion of contracts, agreements, the execution of any type of transactions, against the will of the individual, is punishable by the criminal code.

Every person has the right to choose, and under no circumstances should it be alienated. Unfortunately, in lately cases of coercion to conclude a transaction on conditions unfavorable for one of the parties have become more frequent. Such an anacasm can be committed by one person or several, with the use of violence or only with the threat of its use. Based on this, the court selects the appropriate preventive measure.

Compulsion to conclude a transaction or refusal of it, committed with the use of violence

If forcing a person to carry out actions that violate his rights involves the use of violence, then such an act is qualified by the second paragraph of the criminal article, number 179.

Violence is usually understood as beatings and mutilation resulting in harm to health of varying severity. If the commission of a crime involves only threats of beatings, then it must be qualified by the first part of Article 179 of the Criminal Code of the Russian Federation.

Violence can be expressed as:

• Physical violence against the victim, resulting in harm to health of varying severity;
• Psychological pressure on the victim, through threats and display of unmotivated aggression;
• Beating the victim's relatives, as well as uttering threats to use it.

Threats can be made in any form. By phone, by letter, using computer technology, in person.

Forcing a transaction is equivalent to refusing to carry it out. For example, a person needs to enter into an agreement under certain conditions, and the second party to the transaction refuses to sign the document before the first counterparty takes any action in favor of the second.

Compulsion to enter into a transaction or refusal of it, committed by an organized group

Any crime committed as part of an organized group has more serious consequences than a criminal act committed by one person or group.

An organized group is an association of persons associated with one or more criminal purposes, created on a permanent basis.

Distinctive Features organized groups are:

• Union stability. Such an association exists for a long period and almost never breaks up. The departure of one participant is replaced by another;
• The presence of a person responsible for creating a group, organizing a crime and the process of its commission. Such a member is usually called a leader
• Number. An organized group, in addition to the leader, must consist of several more members, but not less than two.

The goals of an organized gang can be varied, crimes are committed on an ongoing basis. The customer can be either the leader of the group himself or an outsider who pays for the criminal actions of the group.

Members of an organized group must be aware of their actions, their participation in the gang, the consequences of their crimes and their danger to society.

The creation of an organized group is prohibited by Russian legislation and is punishable by the criminal code.

Liability according to Article 179 Part 2 of the Criminal Code of the Russian Federation

The second part of the criminal article number 179 provides for punishment on two counts:

• Committing a crime involving coercion with the use of violence;
• Carrying out criminal intent with the threat of violence committed by an organized group.

Although the crimes are different in nature and the process of coercion, the same punishment is provided for them. This is explained by the fact that the social danger of these crimes is the same.

There are no fines or any mandatory forced labor for punishment. Those who commit such a crime will be imprisoned for up to ten years.

Any person cannot be considered a criminal unless his guilt is proven in court. In this regard, a presumption of innocence has been introduced in Russia. After all, maybe he is not really guilty, but someone simply slandered him. Therefore, it is also wrong to organize lynching.

If a person is forced to perform any action, sign a contract, agreement, against his consent and will, the first step is to contact law enforcement agencies. It should be noted that if one person sold the goods, received the money, but refuses to sign documents for the transfer of ownership of the goods, then the actions of the buyer will not have a sign of extortion or coercion to complete the transaction.

Nowadays, it is necessary to be careful and careful, and if a person is subjected to coercion, it is imperative to contact law enforcement agencies.

In this article you learned what Article 179 Part 2 of the Criminal Code of the Russian Federation is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

to property owned or possessed by the victim, but also to the property of his relatives. Destruction means rendering property completely unusable, excluding the possibility of its further use for its intended purpose. Damage to property is partial rendering unusable, resulting in the destruction of its economic value, which after repair or restoration of the damaged property can be fully restored.
Information the perpetrator threatens to disseminate, capable of causing significant harm to the rights and legitimate interests of the victim or his relatives, can be either disgraceful or simply undesirable for dissemination. In the event of the actual dissemination of knowingly false information disgracing the honor and dignity of the victim, the act is subject to additional qualification under Art. 129 of the Criminal Code of the Russian Federation.
The methods of threat can be very different (orally or in writing, transmitted personally or through an intermediary, etc.) and do not matter for the classification of the crime. It does not matter whether the perpetrator intends to carry out the threat, but it is important that this threat is perceived by the victim as real.
In the disposition of Art. 179 specifically stipulates that coercion to complete a transaction or to refuse to complete it should not contain signs of extortion - a more dangerous crime. In accordance with Art. 163 of the Criminal Code, extortion means a demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that could cause significant harm. harm to the rights or legitimate interests of the victim or his relatives from the crime in question

above forms of mental violence, transfer property, the right to property or commit other actions of a property nature (for example, pay for goods purchased from the victim at a clearly reduced price), the act should be qualified under Art. 163 as extortion.
The crime is considered completed from the moment of coercion, regardless of whether or not the perpetrator succeeded in persuading the victim to enter into a transaction or refuse it.
The subject of the crime is a person over 16 years of age.
The subjective side is characterized by direct intent. The person is aware that he is unlawfully forcing the victim to enter into a transaction or to refuse it, and desires this.
Part 2 of the article in question provides for increased liability for coercion to complete a transaction or refusal to complete it in cases where this act is committed: a) with the use of violence,
b) an organized group. In this case, violence should be understood as the intentional infliction of minor or moderate harm to health, beatings, torture, as well as the intentional infliction of grievous harm to health without aggravating circumstances (intentional infliction of grievous harm to health under aggravating circumstances must be qualified in conjunction with parts 2 and 3 or 4 Art. 111 of the Criminal Code of the Russian Federation).

Article 40. Physical or mental coercion

Commentary on Article 40

1. The previously effective Criminal Code did not provide for rules on coercion as an independent legal basis that would exclude the criminality of an act. Causing harm by a person who was under physical or mental influence was recognized as a circumstance mitigating liability. However, in practice, cases often arise when a person is forced to cause harm to other protected interests, his will becomes paralyzed due to the influence exerted on him.
2. In Part 1 of Art. 40 of the Criminal Code talks about dangerous physical coercion. In this case, we are talking only about such physical coercion, which is recognized as insurmountable, when a person is completely deprived of the opportunity to act in accordance with his will.
The content of physical coercion is not disclosed in the law, which makes it difficult to apply the rule in practice. In our opinion, this concept should include measures of physical influence on the part of another person, i.e. violence (beatings, personal injury, binding, strangulation, threat with a weapon) applied to a person with the aim of forcing him to cause harm to any protected interests. In this case, the person actually loses free will and becomes a tool in the hands of another person. For example, the driver of a government vehicle hands over the vehicle to a criminal at gunpoint; the tied guard does not prevent the criminal seizure of property. Cases that are legally called force majeure should be considered similarly. The latter is not defined in the criminal law, but it is mentioned in the Civil Code of the Russian Federation. In Art. 401 of the Civil Code stipulates that force majeure is the presence of extraordinary and inevitable circumstances under given conditions. In relation to criminal law, this circumstance can be defined as a situation in which a person, being under the influence of natural forces of nature, animals, mechanisms, people or other factors, is unable to carry out the necessary actions or carries out actions that are not determined by his will. It should be noted that if a person himself provoked a situation of force majeure, then he is not exempt from criminal liability.
3. Part 2 art. 40 of the Criminal Code provides for causing harm as a result of such physical or mental coercion in which a person is not deprived of the opportunity to act at his own discretion and retains the ability to direct his actions. Such compulsion is usually called surmountable. At the same time, the legislator determined that the issue of criminal liability for causing harm during such coercion is resolved taking into account the provision of extreme necessity (this mainly concerns the volume and content of the harm caused). Judicial practice understands mental coercion as a real and actual threat of using physical violence, causing material or moral damage. The reality and validity of the threat presuppose the possibility of bringing it into execution at the time of presentation of any demands. It is believed that such coercion leaves the person with freedom of choice in behavior. A person can submit and fulfill demands, but he can also resist the threat and resist. In the latter case, the legislator gives a chance for such actions not to be recognized as criminal, but subject to the rules of legality of extreme necessity.
4. At the same time, it should be noted that surmountability and insurmountability are evaluative categories, and a careful analysis of the entire body of factual data is required. Clarifications from the Plenum would also be timely Supreme Court RF on this issue, since in practice various cases arise that require judicial interpretation.
For example, during hypnosis, the will of a person is completely suppressed, but this is a type of mental violence, and therefore the problem of responsibility arises for the person who caused harm under the influence of hypnosis. Moreover, the concept of irresistibility is not absolutely immutable. It is always necessary to take into account the physical condition of the person, his abilities, the presence or absence of an obligation to act in one way or another. The same circumstances may be considered insurmountable for civilians and surmountable for military personnel, to whom increased demands are placed (for example, a guard, having military weapons, allows criminals to enter a protected facility under threat of death).
5. The Criminal Code provides for a situation related to specific coercion to commit a crime. Parts 3 and 4 art. 150 of the Criminal Code provide for liability for involving a minor in the commission of a crime with the use of violence or the threat of its use, as well as for similar actions related to the involvement of a minor in a criminal group or in the commission of a serious or especially serious crime. It should be recognized that the concept of irresistibility of coercion in such cases has its own specifics. In our opinion, the age of a minor and the psychophysical characteristics of his personality give the right to recognize coercion as insurmountable and in some cases when it is considered surmountable when affecting adult citizens. For example, how to recognize coercion of a minor to commit theft under pain of deprivation of food? And if such coercion turns into violence: harm is caused to health, rape, other violent acts of a sexual nature, torture? We believe that the article on physical or mental coercion should reflect the varying degrees of coercion in relation to minors.
6. When assigning punishment for a crime committed in violation of the conditions of legality of physical or mental coercion, this circumstance is recognized as mitigating the punishment.

The basis for the normal functioning of economic activity in any society is the freedom of business entities and citizens, as well as partnership based on the principles. Carrying out economic activities, entrepreneurs and citizens enter into transactions in various fields: when performing work, providing services, renting premises, etc.

No one's will can be suppressed and no one can be forced to enter into an agreement or to refuse to sign it. For such acts, liability is provided for under the Criminal Code of the Russian Federation. Crimes under Art. 179 of the Criminal Code are rare, since there are problems with delimitation from related elements (), with defining the subject of proof, as well as with the lack of a unified method of forensic research. They belong to.

Features of the crime

The scope of the criminal norm extends to relationships between citizens and legal entities, i.e. subjects who have legal and legal capacity. The norm does not protect persons who participate in making public legal decisions. This composition is narrower in relation to extortion, the delimitation of which will be discussed below.

So, let's talk about the articles of the Criminal Code of the Russian Federation regarding coercion to complete a transaction, consider the comments of lawyers and other important nuances.

Concept

The concept of crime consists of committing two independent illegal actions:

1. Compulsion to conclude a deal.
2. Compulsion to refuse its registration.

These actions are independent signs of the objective side of the crime. The concept of “making a transaction” implies both its signing and the actual fulfillment of its terms. Encroachers may have several options for achieving their goals: assertion, change, or termination of rights and obligations.

The attacker influences the counterparty through illegal means so that he accepts certain obligations (by signing an agreement or refusing to sign it) in relation to the criminal. Compulsion to conclude a transaction consists in the fact that the attacker demands to perform an operation that is the subject of this agreement. Thus, the person unlawfully influences the will of the victim.

The victim, under pain of implementation, is forced to make a non-voluntary decision that is contrary to his will.

Signs

A mandatory feature is the forms of coercion that are used by the attacker:

• intent to use violence covers infliction, including (if real harm was caused, then it must be classified as a crime against the person in the aggregate);
• (these things must be foreign to the attacker and be of importance to the victim not only financially);
• threat to disseminate information that could harm the rights and interests of the victim and his relatives.

Composition of the crime

• The intention of the perpetrator must be real, i.e. the victim must feel fear that the threat will be carried out in reality if the attacker’s demands are not met. Thus, the signing of an agreement will not be the result of free will, but of significant threats. All threats established by the disposition of the norm are exhaustive and the list cannot be expanded.
• In this case, the requirement must be clearly understood by the victim of the crime. The addressee of the demands may not necessarily be a party to the agreement. Pressure can also be exerted on close people who, under pain of putting the threats into action, are inclined to make a decision in favor of the attacker. The conclusion of the agreement must be the result of illegal actions, and the injured party must express its reluctance to formalize civil legal relations with the one who is coercing.
• If the agreement was concluded or its conclusion was rejected, this is not prerequisite liability, since the composition is formal. From the moment the threat to establish, change or terminate civil relations begins, the crime will be considered completed.

The subjective side is expressed by direct intent. For committing a crime, motives do not matter, which can be very different.

Subject under Art. 179 of the Criminal Code is a person who has reached the age of 16.

Now let’s learn in more detail about the distinction between coercion to complete a transaction and extortion.

Limitation from extortion

The main difference between coercion to complete a transaction and extortion is various subject encroachments. Art. 163 of the Criminal Code provides for another subject - objects of civil rights:

• property;
• cash;
• securities;
• property rights;
• other objects that have similar objective characteristics.

The object of coercion is relations in the field of economic activity.

• When forced to enter into an agreement, the guilty person is interested in what legal consequences will arise (a positive result for the victim if he fulfills his obligations). In this way, the attacker provides an equivalent - this is impossible with extortion.
• An agreement that is signed under duress will be considered invalid, but not sham. Because what the criminal really wants is for there to be legal consequences for the transaction. If a person wants to hide an act of extortion with legitimate legal relations, such an “agreement” will always be imaginary and feigned, since it covers up something else.
• At the same time, there is a sign of bondage, i.e. concluding a deal puts the “participants” in unequal conditions and its conclusion occurs out of despair.

Qualifying Properties

Part two of the norm provides for signs of the same crime, but aggravating responsibility. So, the recurrence sign was canceled, only two remained:

1. The intention to use violence turns into reality.
2. The crime was committed by an organized group.

Accordingly, the sanction provides for a more severe punishment - up to 10 years.

Legal characteristics

This provision also refers to the principles of legislation of the pre-revolutionary period, which provided for liability for coercion to deliver obligations, while this illegal action was a subtype of extortion. The crime was considered as a reserve one, and the norm was applied if there were no signs of extortion.

From the point of view of socio-behavioral characteristics, this illegal act poses less of a threat than extortion. However, it has the same unlawful coercive influence on the will and freedom of subjects in property transactions when the attacker forces the victim to make a property decision that is beneficial to him.

Punishment and liability for coercion to complete a transaction

An alternative sanction is provided for the commission of these illegal acts. The punishment imposed will depend on the specific details of the case. The court may assign to the culprit:

• The minimum punishment is the amount of earnings for 2 years.
• Restriction of freedom up to 2 years.
• Engagement for the same period.
• up to six months.
• The most severe punishment is imprisonment for up to 2 years, with or without the simultaneous application of fines.

Judicial practice

In 2014, citizen Ivanov agreed with Petrov to receive funds as a loan in the amount of 500 thousand rubles, which he had to repay in a year. Moreover, Ivanov had to pay monthly interest on the amount. One of the conditions for ensuring the repayment of the loan must be a purchase and sale agreement for any residential premises.

Upon full repayment of the borrowed funds, the apartment must be returned to the owner. Ivanov did not own any real estate. Knowing that the owner of the premises was citizen Sidorova, without having any obligations to Ivanov, he asked her for assistance in receiving money from Petrov as security for her home.

However, Ivanov was refused; he began to force the owner of the apartment to enter into an agreement in order to obtain a loan. He did not enter into an agreement with Petrov. Ivanov began to suppress her will to resist. He threatened her if the owner did not make an illegal deal with him.

After repeated refusal, he began to shout at her, using obscene language, and to convince his demands he began waving his hands in front of her face. However, Sidorova refused again, Ivanov continued his criminal actions - he began swinging his legs and touched the victim in the thigh area, without causing her injury.

Sidorova really perceived this situation, in fear for her life, against her freedom of expression, she formalized an agreement with Ivanov in relation to her living quarters, which was her property. The deal was formalized in the state registration department, where Petrov was located, who was unaware of coercion on the part of Ivanov.

Petrov entered into a purchase and sale agreement for residential premises indicating its value and submitted documents to register his rights to the Rosreestr department. After the agreement was concluded, Petrov transferred the amount of money to Ivanov, who disposed of it at his own discretion.

After studying the case materials, analyzing the evidence and taking into account Ivanov’s confession, the court sentenced the culprit to one year of restriction of freedom under Part 1 of Art. 179 of the Criminal Code of the Russian Federation.

Another case from judicial practice on coercion to complete a transaction is discussed in this video:

New edition of Art. 179 of the Criminal Code of the Russian Federation

1. Compulsion to complete a transaction or to refuse to complete it under the threat of violence, destruction or damage to someone else’s property, as well as the dissemination of information that can cause significant harm to the rights and legitimate interests of the victim or his relatives, in the absence of signs of extortion -

shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by restriction of freedom for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or imprisonment for a term of up to two years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or without it.

2. The same act committed:

a) has become invalid;

b) with the use of violence;

c) by an organized group, -

is punishable by imprisonment for a term of up to ten years.

Commentary on Article 179 of the Criminal Code of the Russian Federation

1. The subject of a criminal offense is a transaction to which the victim is forced to commit or refuse to commit. The form and type of transaction have no qualifying significance. This could be, for example, purchase and sale, exchange, contract, rent, supply, rental, loan, credit, etc.

2. The objective side of the crime is represented by two alternative forms: 1) coercion to complete a transaction and 2) coercion to refuse to commit it.

A mandatory feature of the objective side is the methods of coercion specified in the law: the threat of violence, destruction or damage to someone else’s property, or the threat of disseminating information that could cause significant harm to the rights and legitimate interests of the victim or his relatives. The act must not contain any signs of extortion.

3. Coercion consists of influencing the victim in order to force him to act in a manner necessary for the perpetrator. The perpetrator influences the victim to force him to make a deal, or to force him to abandon his intentions to conclude a deal.

4. For the composition, it does not matter in whose interests the transaction should be made or to whom it may cause damage. By coercing the victim, the perpetrator can act in his own interests or in the interests of third parties (including for compensation, for a reward).

5. All criminally punishable methods of committing an act are united by the concept of threat, i.e. mental impact on the victim.

6. The following types of threat are the means of coercion: a) threat of violence; b) threat of destruction or damage to someone else’s property; c) threat of dissemination of information that could cause significant harm to the rights and legitimate interests of the victim or his relatives.

7. The threat of violence includes the threat of murder, causing harm to health of varying degrees of severity, and restriction of freedom.

8. The threat of destruction or damage to someone else’s property involves various forms of a promise to render this property completely or partially unusable.

9. The threat of dissemination of information that could cause significant harm to the rights and legitimate interests of the victim or his relatives is a threat of disclosure of information that the victim or his relatives would like to keep secret, and this desire does not contradict the law.

10. A threat of any type must be real in nature, i.e. the victim must have objective reasons to fear her.

11. The threat may be directed at the victim or his relatives.

12. The method of communicating the threat to the victim has no qualifying significance. The threat can be expressed orally, by telephone, through third parties in writing, etc.

13. Coercion to complete a transaction or to refuse to complete it ends at the moment of coercion to complete a transaction or to refuse to complete it, regardless of whether the perpetrator has achieved his goal: whether the transaction has been concluded or the victim has refused to enter into it against his will.

14. The subjective side is characterized by direct intent.

15. The goals of the perpetrator’s action are: a) the desire to conclude a deal or, alternatively, b) the desire to disrupt its conclusion.

16. The subject of the criminal attack is general.

17. The Criminal Code becomes more stringent if the act was committed with the use of violence (clause "b" part 2) or by an organized group (clause "c" part 2).

18. Violence is understood as causing simple and qualified grievous bodily harm to the victim (parts 1 and 2 of Article 111), moderate or minor harm to health. Intentional infliction of especially qualified grievous bodily harm or murder of the victim is additionally qualified under Part 3 or 4 of Art. 111, art. 105.

19. The crime should be distinguished from extortion. The distinction is made on the following points: a) the subject of coercion is a transaction in its civil law concept. In extortion, the subject is someone else's property, the right to property or actions of a property nature. The latter may also include the commission of remunerative transactions, but this is not typical for extortion. Those responsible most often do not seek external civil legal registration of property actions; b) extortion directly affects property relations: the perpetrator demands gratuitous actions of a property nature, while pursuing a selfish goal. In coercing a transaction, although the perpetrator may be guided by selfish motives, he does not strive to make the transaction gratuitous. His main goal is to ensure that the deal is concluded. The terms of the transaction are not specified in coercion. The perpetrator can force a transaction to be completed, but cannot demand the transfer of property or the right to property to him or the commission of actions of a property nature (for example, reducing or increasing the price of a contract).

20. The actions described in part 1 of the comment. Articles belong to the category of crimes of minor gravity, and in Part 2 - to serious crimes.

Another comment on Art. 179 of the Criminal Code of the Russian Federation

1. The following are recognized as criminally punishable methods of forcing someone to complete a transaction or refuse to complete it: a) the threat of violence; b) threat of destruction or damage to property; c) threat of dissemination of information that could cause significant harm to the rights and legitimate interests of the victim or his relatives.

2. The threat of violence must be real, i.e. the victim must have reason to fear that the threat will actually be carried out. In its content, this is a threat of any physical violence.

Coercion may be accompanied by the actual use of physical violence. If this violence consists of beatings, torture, infliction of minor, moderate and serious bodily harm, with the exception of qualified grievous bodily harm (parts 2, 3 and 4 of Article 111 of the Criminal Code of the Russian Federation), then the act is qualified under clause "b" "Part 2 Art. 179 of the Criminal Code of the Russian Federation. In this case, the criminal can threaten and use such violence both in relation to the person from whom he seeks consent to the transaction or refusal of the transaction, and in relation to his relatives.

3. The threat of destruction or damage to someone else's property must also be real. Actual destruction or damage to someone else's property when forced to complete a transaction or refusal to complete it is qualified under the totality of Art. 167 and art. 179 of the Criminal Code of the Russian Federation.

4. Information, under the threat of dissemination of which the perpetrator seeks to force the victim to make a transaction or refuse it, can be very diverse: correspond to reality or be false. The only important thing is that making them public can cause significant harm to the rights and legitimate interests of the victim or his relatives. The threat of disclosing information about an actually committed crime cannot be considered as a manifestation of the objective side of coercion to commit a transaction or refuse to commit it, since it is not capable of causing significant harm to the legitimate interests of the victim.

If, in the process of coercion, deliberately false information is disseminated, discrediting the honor and dignity of another person or undermining his business reputation, then the act is classified as a set of crimes provided for in Art. Art. 179 and 129 of the Criminal Code of the Russian Federation.