The State Duma supported the project to exclude withheld personal income tax from the amount of theft
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On September 14, the Duma Committee on State Building and Legislation approved a bill to exclude personal income tax paid from the amount that forms the basis of charges in cases of theft.
The initiative, submitted to the State Duma by the government in June, was prepared in pursuance of the ruling of the Constitutional Court, according to which a mandatory sign of theft is the unlawful taking of property in such an amount that it becomes possible to dispose of it.
The reason for checking the constitutionality of the notes to Art. 158 of the Criminal Code (“Theft”) was the case of a contract officer who provided officials of military units with a fake “Master of Sports of Russia” certificate in table tennis. This allowed him to receive a 100% bonus instead of the required 70% cash bonus for special achievements in the service.
The adoption of the bill will eliminate the uncertainty of the criminal law regarding the concept of the amount of theft, the committee’s conclusion says (Vedomosti has read it).
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