Elena Dmitrieva, a lawyer at the Nadmitov, Ivanov and Partners law firm, gave comments to Pravo.ru on the liability of the company's top managers.
“Responsibility under Art. 171 of the Criminal Code is most often associated with the fact that a number of fictitious legal entities are opened for cashing out, through which money is withdrawn. Responsibility under Art. 172 of the Criminal Code in practice comes for such actions as the attraction by banking organizations of money from real clients with their subsequent transfer to bank accounts of dummies, as well as illegal placement of the attracted money, "said a lawyer at Nadmitov, Ivanov and Partners.
Elena Dmitrieva. In her opinion, according to Art. 172 of the Criminal Code, it is reasonable to prosecute only when the banking organization acts as the subject of cashing. “However, in practice, the act provided for by this article is imputed if the cashing is carried out by fictitious organizations using bank accounts, and the banking organization is not a direct participant in the cashing,” says Dmitrieva. The lawyer notes that the considered structures, providing for liability for cashing money, imply the presence of intent to commit an act. In its absence, neither criminal nor administrative liability can arise.