Article 177 of the Criminal Code of the Russian Federation sets out the consequences that threaten individuals and legal entities in evading loan repayment. The severity of guilt in this case is determined by the amount of debt and some related factors.
The content of the article
Article 177 of the Criminal Code of the Russian Federation is devoted to such a violation as malicious evasion of an individual or legal entity from repayment of debt on a loan or payment of securities. Signs of a violation are a large amount of debt, as well as the presence of a corresponding judicial act.
As a punishment for the deed, a fine of up to 200,000 rubles or the corresponding amount of the perpetrator's salary for a period of up to 18 months is imposed. Other possible types of punishment are forced labor for up to 480 hours or up to two years, as well as imprisonment for up to two years.
Interpretation of the article
Evasion of paying off accounts payable is a failure to fulfill obligations to return borrowed or other funds to the lender in violation of the terms of the current contract. Certain conditions are required for an evasion to be declared malicious:
- large size of accounts payable;
- the adoption and entry into legal force of the decision of the arbitration or civil court on the repayment of the debt (after the petition of the creditor about the violation of his rights);
- there are circumstances that demonstrate the debtor's unwillingness to follow the court's instructions (an attempt to change the place of residence or surname, transfer property abroad or transfer it to other persons) despite the existing possibility.
A large debt in the Russian Federation includes an amount exceeding 1.5 million rubles. The relevant fact must be established and confirmed by the judicial authorities on the basis of the current loan agreement and other features of the debtor's interaction with the credit institution. Only in this case can enforcement proceedings be initiated under Article 177 of the Criminal Code of the Russian Federation.
Aggravating factors affecting the final court decision and the appointment of a particular type of punishment are:
- repeated disregard of the requirements of the bailiff;
- creating obstacles for law enforcement agencies to take actions to collect debt;
- evasion from the inventory and sale of property;
- change of residence;
- concealment of existing property, etc.
A pre-trial resolution of the conflict with the creditor is possible only with the full repayment of the debt by an individual or legal entity, taking into account the interest accrued on the loan. In this case, the payment of the debt must be made no later than the appeal of the bank's representatives to the judicial authority.
Features of the initiation of a criminal case
The process in the case begins from the moment the court considers the claim filed by the authorized representative of the credit institution. The conditions on the basis of which the defendant can be held liable under Article 177 of the Criminal Code of the Russian Federation are taken into account without fail. According to article 151 of the Criminal Procedure Code of the Russian Federation, the inquiry in the relevant criminal case is carried out by the interrogators of the Federal Bailiff Service.
The actions of the defendant are recognized as criminally punishable only in the event of a systematic and planned evasion from the repayment of existing accounts payable in the process of enforcement proceedings. In this case, it must be established that the debtor has funds or other property that could be used to eliminate the current debt.
The offender, found guilty under Article 151 of the Code of Criminal Procedure of the Russian Federation, is detained pending a final verdict in the case. The term of the proceedings, if necessary, can be up to 6 months. As a result, the defendant is sentenced to confiscate funds or other property to pay off the debt, or to imprisonment for a certain period. The decision in this case takes effect immediately.
