The briber will not return the money sent to bribe — the armed forces
MOSCOW, may 29 — RAPSI. The briber will not return the money sent to bribe, and the smugglers will not be able to get back illegally exported property, according to the draft Plenum of the Supreme court on the question of confiscation.
“To explain to the courts that the property be confiscated and cannot be returned to the person who is its owner, unless that person participated in the Commission of a crime (for example, the owner of contraband involved in the illegal movement).
In cases of crimes of corruption money, valuables and other property, transferred in the form of a bribe or the commercial bribe item will be confiscated and cannot be returned to the briber or the person who committed commercial bribery, including in cases where they are exempted from criminal liability on the basis of the respectively note to article 291 of the criminal code or paragraph 2 of the notes to article 204 of the criminal code, — the document says.
However, the court explained that if the owner of the money and other values transferred as a bribe or payment, voluntarily participated in the investigative experiment, he must return the money or property.
“To be returned to their owner money and other valuables handed over as the bribe or the commercial bribe item under the control of the authorities carrying out operational investigative activities (for example, during the operational experiment), with a view to apprehending red-handed persons who have declared the requirement of a bribe or commercial bribery,” says the Russian armed forces in the project of the plenary.
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