Lawyers achieved an appeal acquittal of traffic police officers convicted of taking bribes

Types of bribes

The first thing you need to understand is what a bribe is. Articles 290, 291 of the Criminal Code of Russia have a complete definition of the concept.

The following operation has the main characteristics of a bribe:

1. Material benefit to the recipient. Cash or other material assets are transferred to the employee personally or through an intermediary.
2. Providing a service that is related to the official duties of a person.
3. Receipt of benefits by the person who gives the bribe.

The proposed remuneration for the action of a traffic police officer or his inaction is divided depending on the amount. The penalty increases in accordance with the amount of remuneration transferred.

There are 4 types identified by the Criminal Code of the Russian Federation:

• Up to 25,000 rubles;
• From 25,000 to 150,000 rubles;
• From 150,000 to 1,000,000 rubles;
• Over 1,000,000 rubles.

This gradation affects the punishment for giving a bribe to an employee when both participants are committing a crime. It does not matter in what currency the reward is received. This can be Russian rubles or foreign currency. A bribe can also take the form of material assets, securities and other forms.

Incitement and how to deal with it

It is not uncommon for a traffic police officer to hint at the possibility of resolving the issue “on the spot.” In this case, there is incitement. Such things are not said directly. The traffic cop will lead you and push you towards this decision, which you will most likely have to make. Law enforcement officers have become experienced in this matter, so they often act masterfully and the offender may not immediately realize the whole situation. Incitement to give a bribe can take place in different scenarios. The most commonly practiced are the following:

• deliberately slow execution of the protocol, which is accompanied by a detailed and far-fetched description of further developments of events;
• one of the partners stops the traffic violator and demonstrates a desire to draw up a protocol, and the other employee actively offers to resolve the current situation with the help of money.

Few violators have the strength to refuse to give a bribe to a traffic cop, and they care little about the punishment. And no one talks about him at such moments. The actions of traffic police officers are illegal and are also punishable by law if incitement is proven. To do this, the driver needs to be a little more cunning and do the following:

• We make sure to record the conversation with the inspector using any camera; it’s convenient to use a phone or DVR;
• such a recording will serve as indisputable evidence of the employee’s guilt; it can be carried out secretly or openly;
• the right to make a recording is specified in the Law “On the Police” (point 5);
• You shouldn’t get into a patrol car against your will, moreover, in this case you will have no witnesses;
• only in case of detention or arrest can a traffic police officer force you to get into a patrol car;
• It is imperative to record the details of the patrolman, this should be the name and number of his badge, and he must provide this information to you at the beginning of the conversation;
• You must immediately contact your own security service using one of the traffic police hotlines.

A bribe to a traffic police officer is punishable not only by a fine; there are other penalties that are more serious. Don't give in to incitement, stand up for your rights.

Attempted bribery

Drivers often take the initiative to “solve the problem on the spot.” Some offer rewards for inaction or a specific action of an employee, without suggesting that even the fact of offering a bribe is punishable by law.

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The Criminal Code contains the concept of “attempted bribery.” It assumes a situation where the transfer of a bribe did not take place due to reasons beyond the control of the bribe giver. In this case, the court may hold the driver liable for the equivalent of bribery.

To make an accusation, the traffic police officer must provide significant evidence. Often these are recordings from a DVR. If it is absent, there will be testimony.

Giving a bribe: avoiding responsibility

As you can see, giving a bribe is not always voluntary. Therefore, the Criminal Code of the Russian Federation provides for drivers to evade responsibility for it, but only in 2 cases:

• When an official extorted a bribe, and the driver actively contributed to solving this crime;
• When the driver voluntarily gave a bribe, after which he himself reported this fact to the relevant authorities and actively assisted the investigation.

Note that traffic police officers try never to take money from hand to hand . More often they suggest “forgetting” them in the guard car or dropping them in the blind spot of the DVRs. Even if you decide to pay off, under no circumstances do this. Such manipulations can be issued by the inspector for an attempt to give a bribe (they say the money was left, but not taken by me), which in the event of an unexpected inspection will become decisive evidence against you in court, while the traffic police officer himself will not suffer any punishment.

Remember, regardless of whether you violated traffic rules or not, a bribe is not an option. Punishment for giving a bribe can deprive you of your freedom. Is even one fine or deprivation of rights worth it?

Punishment for giving a bribe to a traffic police officer

If the fact of transfer of remuneration that meets the definition of a bribe is recorded to an employee during execution, both participants in the incident will be punished in accordance with the law. The Criminal Code of the Russian Federation provides for penalties and imprisonment depending on the size of the bribe given and received:

1. A bribe of up to 25 thousand rubles involves payment to the budget 15-30 times the bribe / compulsory correctional labor for a period of 1 to 3 years / imprisonment for a period of 1 to 3 years and a fine in the amount 10 times greater than reward. Thus, if a driver gave a bribe in the amount of 1,000 rubles, he will have to pay a fine in the amount of 15,000 to 30,000 rubles or be in custody and pay 10,000 rubles to the budget.

1. A bribe from 25 to 150 thousand rubles is punishable by a fine 20-40 times higher than the bribe / imprisonment from 1 to 3 years with a fine 15 times higher than the reward.
2. A bribe of 150 thousand to 1 million rubles implies more serious consequences. A person who transferred money or material assets to a traffic police officer will pay a fine of 60-80 times the bribe and will remain in custody for 1-3 years, or pay a fine of 60 times the bribe and will stay in prison from 5 to 10 years.
3. A bribe of 1 million rubles will have very serious consequences. The fine for a crime exceeds the amount of a bribe by 70-90 times with imprisonment for 1-3 years. Or 70 times the fine with imprisonment for 7-12 years.

With simple arithmetic operations you can calculate how a seemingly innocuously resolved issue will turn out. Punishments for corruption are becoming tougher every year. Therefore, it is safer and more profitable for the driver to resolve issues legally.

Theoretical information

A bribe is the transfer of any material assets to a law enforcement official or other official for an action or inaction committed in the interests of the customer. You can familiarize yourself with the main signs of a bribe in Articles 30 and 290 of the Criminal Code of the Russian Federation. Objective signs are associated with the process of transferring material goods, and subjective signs are associated with the purpose pursued by the bribe-giver.

Most often, bribes are paid right on the road; for this reason, protocols are not drawn up for many traffic violations. First of all, the state and ordinary taxpayers suffer from this, because the funds do not go to the state budget. In our country, giving bribes is punished very severely under several articles, although the attempt and the very fact of giving are recorded very rarely.

The severity directly depends on the characteristics and characteristics of the bribe. The amount that was transferred to the traffic police officer is of great importance: the higher the number, the more severely the offender will be punished. Punishment is established by the Criminal Code and can reach up to criminal liability.

However, the legislation has a sanction that allows the use of alternative methods of legal punishment in relation to the culprit.

We must not forget that mediation between bribe payments is also punished, and very severely - 12 years in prison.

Provocations and methods of dealing with them

When studying statistics, we can conclude that traffic police officers often incite drivers to violate the law under the article - giving a bribe. Moreover, in most cases, the traffic police officer does not name the exact amount of payment, but only skillfully pushes the driver to the necessary decision. The favorite tactic of traffic police officers is to slowly fill out the protocol; this is very annoying when you are late for a meeting or other important event. Therefore, there is nothing left to do except to motivate inspectors to work with monetary incentives - a bribe. Another favorite scenario among law enforcement officials is that one traffic police inspector stops a car, pretends to be an adamant and strict defender of the code, but the second officer comes forward and offers to negotiate with a colleague for a fee.

These actions have an illegal basis; if desired, you can prove the guilt of the traffic police officers. To do this you need:

• Record the entire conversation with the traffic cop. When he sees the camera, his mood changes sharply; in order to expose the corrupt inspector, it is better to use hidden shooting on any device that has a recording function in normal quality. If in response to such actions he demands to stop filming, a reference should be made to clause 5 of the Law “On the Police”. You have the right to demand from the traffic police officer an explanation based on what laws he requires the termination of the recording.

  

• There is no need to agree to transfer to a traffic police patrol car, because there are no witnesses there. In addition, on foreign “territory” it is more difficult to hold the defense. The law states that an ordinary citizen can only be in a patrol car after being detained or arrested. It is easier for law enforcement officials to obtain a bribe in a car, so they often ask the driver to come to them.
• Write down the information about the traffic cop. Basic information includes: first name, last name, rank, badge number. With this data, you can contact the trust center by calling the traffic police hotline and talk about the extortion of a bribe, as well as the availability of relevant evidence.

Every car owner sooner or later faces extortion; this problem must be eradicated in order to rid law enforcement agencies of bribe-takers and extortionists.

How to prove a crime

Giving a bribe is considered completed only when the second person personally receives the material unit. In this case, a bribe is considered a large amount that was transferred without any reason. Law enforcement agencies will not be able to prove the fact of an offense if the parties have documentary evidence of the transaction that resulted in the transfer of funds.

An attempt to give a bribe may not please an honest traffic police inspector. The traffic cop has the right to draw up a report on such a driver. However, he must have strong evidence:

• confirmation from witnesses;
• audio files, video materials, photographs.

These facts can also be used in the opposite direction, when an employee gives obvious hints about a bribe. Although in such situations they are extremely careful, only in rare cases do they behave frankly and name the exact amounts.

What to do if a traffic police officer hints at a bribe?

In some situations, a traffic police officer shows with all his appearance that he is not against making money dishonestly. He details the disadvantages of making the offense official. Some drivers do not know how to behave in such a situation, so they follow the lead of an unscrupulous employee.

It is important to understand that such behavior by an employee may be regarded in court as incitement. In this case, even if the bribe is transferred, the driver will be able to avoid liability.

How to behave when an employee demands a reward:

1. Refuse to pay. You can easily find the reason. I don't have any cash with me, for example.
2. Record a conversation or transfer of a bribe on video. Recording the process will help the driver defend his rights in case of litigation. If immediately after transferring the money the driver reports to the prosecutor's office and actively assists in solving the crime, there is a chance to avoid punishment.
3. Record the conversation on a voice recorder. When you can’t use the camera, you can record the inspector’s words in audio format. Ask him to show his ID and read the employee’s details on the record. To prevent instigation on the part of the inspector, you can inform about the recording.
4. Write a statement to the prosecutor's office or the CSS. Timely filing of an application or calling 02 will protect the driver from the consequences of an offense.

The entire situation can be prevented by following traffic rules.
A responsible driver does not exceed the permissible speed limit, allows pedestrians to pass, and avoids situations where not only he, but also all road users are at risk. He must understand all the responsibilities he takes when driving a vehicle. What will be the bribe for a traffic cop?

Ways to prove the guilt of the driver or inspector

A motorist can be caught giving a bribe by:

• video recording of a conversation with an inspector;
• witness statements;
• photo and audio materials of the conversation between the parties.

If the service officer turns out to be honest, he has the right to draw up a report on the attempt to bribe him right at the place where the vehicle was stopped and add evidence to it during the trial of the case.

It is more difficult to confirm the extortion of money by an inspector, since dishonest police officers do not make direct demands and do not take banknotes or an envelope in their hands. A video recorder or audio recording device will help you obtain evidence.

To be able to use them, the driver should not change into a traffic police car to talk. It is better to talk near your car and in front of witnesses. It is also necessary to immediately find out the employee’s name, rank, and badge number immediately after stopping the vehicle, so that you can contact the CSS if he demands money.

More on AutoLex.Net:

Rules for communicating with a traffic police inspector

What does the law say about bribery?

Punishment for giving a bribe to a traffic police inspector

According to the law, a bribe is considered to be a monetary or material reward for an official who will act in the interests of a citizen who has violated the law. Often drivers try to give this very reward to the traffic police officer so that he forgets about the violation and does not record it.

It does not matter whether someone receives a bribe or gives it, in any case, both actions are illegal. The punishment for this varies depending on the category of violation or the amount of remuneration, which are of the following types:

1. Small bribe – up to 25 thousand rubles.
2. A significant bribe size is from 25 to 150 thousand rubles.
3. Large bribe amount – more than 150 thousand rubles.
4. Bribe on an especially large scale – more than 1 million rubles.

Important! According to the law, not only the one who takes a bribe is punished, but also the one who gives it; you can get a prison sentence for a bribe.

What are the possible consequences and how to avoid them?

What punishment does a motorist expect for bribing a traffic cop? According to the Criminal Code of the Russian Federation, the consequences depend on the amount of the bribe and can be as follows:

1. A small “monetary reward” is punishable by a fine of 500 thousand rubles to imprisonment for a period of 2 years.
2. Bribery of traffic police in a significant amount is punishable by a fine of up to one million rubles or imprisonment for up to 5 years.
3. For a large bribe, you can receive a fine of 1-3 million rubles and arrest for a period of 7 to 12 years.
4. Remuneration of a traffic police officer on an especially large scale is subject to a fine for a bribe of 2 to 4 million rubles or imprisonment of 8 to 15 years.

Note! Punishments can be combined, for example, a prison term, a fine and even deprivation of rights.

According to the Criminal Code of the Russian Federation, the punishment for giving a bribe can range from a fine to imprisonment

If you are an intermediary in the transfer of a bribe, this is also punishable under Article 219 of the Criminal Code of the Russian Federation from a fine of 700 thousand rubles to imprisonment for a period of 12 years.

Regarding liability for a bribe, it must be said that a driver can avoid it, unlike a traffic police officer, but only under certain conditions:

1. The traffic police officer demanded a bribe, directly hinted at it, and argued that this was the most profitable way to solve the current problem.
2. The car owner helped the investigation and actively cooperated with it.
3. After handing over the bribe to the official, the driver went to the police station and confessed to what he had done and completely repented.

Most often , inspectors act cunningly and ask you to “accidentally” forget money in their car or drop bills on the road. In this case, they will be able to avoid punishment, but the driver is unlikely.

If you see obvious provocation on the part of traffic police officers, turn on the voice recorder on your phone or start filming it all on camera, you can contact the hotline with a complaint.

Carefully! We warn you once again that you should under no circumstances get into a traffic cop’s car.