The word "falsification" means forgery, distortion, substitution of the true for false, while the definition refers to intent. This term is also reflected in the Criminal Code in relation to, for example, evidence considered in the process of legal proceedings. The legislation of the Russian Federation contains article 303 of the Criminal Code of the Russian Federation “Falsification of evidence”. Let us consider in more detail what are the signs of the composition of this crime and the punishment in relation to the perpetrators of this act.
Different offenses
303 of the Criminal Code contains 4 parts. Let's consider each of them in more detail. Moreover, article 303 part 1 of the Criminal Code of the Russian Federation considers the following subject of a crime in a civil case: evidence (material and written). Attackers in order to distort the result of the investigation can fake them.
Section 303 of the Criminal Code of the Russian Federation determines that evidence in a criminal case may be information on the basis of which circumstances that are relevant to the investigation are established by law enforcement and judicial authorities. As such, the following are allowed: testimonies of the victim and the witness, as well as the suspect and the accused, the conclusion of the expert and specialist, things, protocols of judicial and investigative actions, as well as other documents.
In part 3 of Art. 303 of the Criminal Code, with comments we are talking about the fake evidence that led to the conviction of life imprisonment or, conversely, as a result of which the court ruled to release the guilty from liability.
The objective side in part 4 implies actions that were aimed at intentionally distorting the results of the ARD.
Evidence
They are divided into material and written. Among the first are objects that, by a combination of signs, act as a means of establishing the circumstances necessary for the investigation. As written evidence, contracts, acts, certificates, business correspondence, court decisions and sentences, protocols, other orders and more are used.
Based on Part 2, material evidence may be objects that were used in the commission of a crime or that retained traces of themselves, as well as obtained through criminal acts. This may be other items that determine in one way or another the circumstances of the crime.
Falsification of evidence
This definition refers to the distortion of evidence that acts as evidence, as well as their destruction, the preparation of false information, the introduction of distorted information into the document.
Falsification in criminal cases consists, for example, in the fact that the evidence is intentionally destroyed, there is a fact of falsification of the expert’s opinion, or an interrogation protocol is drawn up, which actually did not exist, and other similar actions are taken.
The moment of the end of the crime
When falsified evidence is passed on to the judiciary, the crime from that moment is considered completed (in the case of a civil case). In criminal proceedings, the situation is different: when the investigator, prosecutor, or the inquirer falsified the evidence, the crime was completed. If the defender's defender acted as the offender, the act was completed if fake evidence was presented to law enforcement and judicial authorities.
Even if the falsified evidence did not in any way affect the course of the case or was not taken into account, the mere fact of its existence and the commission of an unlawful act refers to the crime described in Art. 303 of the Criminal Code with comments (Criminal Code of the Russian Federation).
Subject
303 of the Criminal Code of the Russian Federation, part 1, defines a subject - an individual who is 16 years old at the time of the commission of an unlawful act. It is a participant in a civil case or its representative. In this case, the person must be sane.
In part 2, the subject is the interrogator, prosecutor, investigator or defense counsel. Part 3 of the above list also includes participants in a civil case or their representatives.
If we consider the 4th part of the commented article, then the subject is the person who is authorized to conduct operational-search measures.
Features
The qualifications (under paras. 1, 2, and 3) are not affected by the motives and goals of the crime committed, but they are taken into account by the court when sentencing. As for the corpus delicti of falsifying the results of the war, then this part clearly defines the purpose for which it is committed: the criminal prosecution of a person who is not involved in it, as well as harm to dignity, honor and business reputation.
Penalties
Under part 1, the perpetrator of an act is punishable by a fine ranging from 100 to 300 thousand rubles, or in the amount of income for a period of 1 to 2 years. In addition, the court may force the guilty person to compulsory labor (up to 480 hours) or correctional labor (up to 2 years). An arrest of up to 4 months may also be used as punishment.
The punishment under part 2 is expressed in the restriction of freedom for a period of up to 3 years, forced labor for the same period, while a person is removed from office for a certain period, and may also be imprisoned for up to 5 years.
303 of the Criminal Code of the Russian Federation (part 3) provides for punishment in the form of imprisonment for a period of up to 7 years with removal from office.
If the results of the ARD were falsified, then the court determines the following measure in relation to the guilty person: a fine of up to 300 thousand rubles, or the convicted person’s income for a year, or deprivation of the right to hold a certain position for a five-year term. A convicted person may also be deprived of liberty for a period of up to 4 years.
The objective and subjective side of the crime
In part 1, the objective side is expressed by falsification of circumstances in a civil case. In parts 2 and 3 - falsification of evidence in criminal cases. The difference lies only in the fact that in part 3 the distortion of evidence and the results of the ARD with respect to grave and especially grave crimes is to be considered . The objective side in this part is expressed in falsification, which led to grave consequences. In this case, we can talk about both a criminal and a civil case.
The subjective side in all types of crimes is guilt in the form of direct intent. This means the following: the perpetrator realizes that his actions lead to a distortion of the evidence, in accordance with which a procedural decision can be made that is contrary to the norms of legal proceedings.
Article 303 of the Criminal Code with comments (Criminal Code of the Russian Federation)
Object - public relations, which are necessary to achieve the goal of legal proceedings. Falsification of evidence leads to the fact that procedural decisions are made on the basis of false information. In this case, they will not meet the requirements of validity and legality.
The objective side of the crime is actions expressed in falsification, substitution and distortion of information. There is a fact of falsification in which the false is presented as genuine for a specific purpose.
Operational-search activity
It is the identification, suppression, prevention and disclosure of crimes, the identification of persons who were involved in the preparation for the act or committed it. In addition, this definition includes the search for persons, the search for information about events or actions that pose a threat to society.
Subject and subject of crime
Crime subject - material and written evidence, which were transferred to the appropriate authorities to investigate the case.
The act was completed at the moment when the false evidence was given for the purpose that it was attached to the case. In the first case, this crime is provided for in part 1, in the second - in part 2.
Subjects - persons who have a specific function performed by them during the proceedings in a particular case. In accordance with part 1 - the civil plaintiff and defendant, in accordance with part 2 - the prosecutor, investigator, defense counsel, interrogator.
If the actions were carried out by other persons who are not included in this list, then in this case we can say about complicity in the crime, namely in falsification of evidence.
The purpose of committing such an act may be both the release of the perpetrator from punishment, and, conversely, the conviction of a person who did not commit unlawful acts.