In initiating a criminal case under paragraph "a, b" part 5 of Art. 290 of the Criminal Code of the Russian Federation and paragraph “a” part 3 of Art. 291.1 of the Criminal Code of the Russian Federation denied due to the lack of corpus delicti

The investigation department from the ORChS of the Security Service of the Ministry of Internal Affairs of Russia in the Kaliningrad Region received material that the officers of the Traffic Police Department of the Traffic Police of the Ministry of Internal Affairs of Russia in the Kaliningrad Region stopped a car driven by a driver in a state of intoxication, from whom the police extorted a bribe in the amount of 28,000 rubles, for not compiling administrative material.

According to paragraph "a, b" part 5 of Art. 290 of the Criminal Code of the Russian Federation, the receipt by an official personally or through an intermediary of a bribe in the form of money for committing actions (inaction) in favor of the bribe giver or persons represented by him, if these actions (inaction) are included in the official powers of the official or if he, by virtue of his official position, can contribute to these actions (inaction), as well as for general patronage or connivance in the service committed by a group of persons by prior agreement or by an organized group with extortion of a bribe, shall be punishable by a fine in the amount of two million to four million rubles, or in the amount of the wage or other income of the convicted person for the period from two to four years, or in the amount of seventy to ninety times the amount of the bribe with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or imprisonment for a term of seven to twelve years with or without a fine of up to sixty times the amount of the bribe and with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without it.

According to paragraph “a” part 3 of Art. 291.1 of the Criminal Code of the Russian Federation mediation in bribery, that is, the direct transfer of a bribe on behalf of the bribe giver or bribe taker, or other assistance to the bribe giver and (or) bribe taker in reaching or implementing an agreement between them on receiving and giving a bribe by a group of persons by prior agreement or an organized group, on a large scale - shall be punishable by a fine in the amount of one million to two million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to two years, or in the amount of fifty to seventy times the amount of the bribe, with the deprivation of the right to hold certain positions or engage in certain activity for up to five years or without it, or imprisonment for a term of five to ten years with a fine of up to sixty times the amount of the bribe or without it and with deprivation of the right to hold certain positions or engage in certain activities for up to five years or without it.

Considering the evidence presented by the ORChS of the Security Service of the Ministry of Internal Affairs of Russia, taking into account the testimony of the principal, the investigation reasonably concluded that there was no corpus delicti in the actions of the persons involved.