In Russia, it is a criminal offence to manufacture, store or transport with the aim to sell or sale of products (or provision of services) that do not comply with safety requirements set out in consumer protection laws, the applicable technical regulations or other applicable legislation and if these products or services are dangerous for human life or health. This offence is set out in the Criminal Code of the Russian Federation, article 238.
It is important to note that in order to be charged for a criminal offence the person has to manufacture, transport, store or sell products (or provide services) that present a real danger for human life and health. An example of a “real” danger is when a product has certain faults which may result in an end user’s death or health damage, when the product is used in accordance with its purpose.
All acts listed in article 238 of the Criminal Code of the Russian Federation are characterized by an intentional form of guilt. Also, a prerequisite for criminal liability is when the actions are taken with the aim of further distribution of unsafe products.
If criminal liability for violation of special requirements or rules is established in other articles of the Special Part of the Criminal Code of the Russian Federation, then the offence is not qualified under Article 238 of the Criminal Code, regardless of whether these acts were committed in the production or circulation of goods and products, the performance of certain works, rendering services. For example, a violation by a person driving a car, tram or other motor vehicle of traffic rules or the operation of vehicles in the provision of passenger transportation services, resulting in the death of two or more persons, should be qualified in accordance with paragraph 5 of Article 264 of the Criminal Code, and not in accordance with article 238 of the Criminal Code.
Illegal production and / or trafficking of ethanol and alcoholic or alcohol-containing products, the cost of which exceeds one hundred thousand roubles, if these products were dangerous to human life or health, form the totality of crimes provided for in the relevant parts of Article 171.3 and Article 238 of the Criminal Code of the Russian Federation.