Very often, investigating authorities face a problem when a crime cannot be solved in hot pursuit due to the fact that the crime is being concealed. In this case, sooner or later, the offender will still be behind bars, but he will have plenty of time to commit another offense. In practice, investigating authorities are faced with a huge number of sophisticated methods that help the criminal to escape punishment for a while. But we must always remember that in the Criminal Code there is a separate article on this subject, which entails one more punishment.
Naturally, the court will consider all facts of concealment of the crime, therefore, it will take into account the nature of the crime. If the crime is mild, for example, it can be a fake of a signature on documents, then the offender can get away with a simple fine, in more difficult situations, he can face imprisonment for up to two years. Let's try to deal with all this in detail.
What is the essence of the article?
Concealment of a criminal offense indicates a list of measures that may be applied to the person who committed the offense. Concealment of a crime can be planned, for example, when it was discussed in advance even before the commission of such a crime. Concealment may also be unplanned. It is necessary to take into account the fact that punishment under the law does not apply to close relatives. When a concept such as a particularly serious crime is used, the offender can be imprisoned for at least ten years.
It would be wrong to assume that the concealment of a crime takes place only if the criminal himself is helped to hide the objects with which the crime was committed. Giving false evidence in court may also be considered a cover-up. It should also be noted that the concealment of crimes of a small or medium gravity nature may not be recognized as unlawful, which means that a person will not bear criminal or administrative responsibility. Most serious crimes can be punished, which is why there is a tendency to increase crimes at the business level.
Who may be the subject of a crime
Responsibility for concealing a crime comes from the age of 16. But there is an amendment to the law that clearly states that people who are relatives of the offender are not punished for harboring. The fact is that this contradicts all norms and rights, because not every person can extradite his loved one, even if he is a criminal. But you also need to remember that there is such a thing as civic duty. Relatives who cannot be held liable for concealment include:
- Parents of the offender.
- His own children and grandchildren.
- Elderly relatives, such as grandparents.
- Legitimate spouses. It is important that the spouses are registered in the registry office, because the cohabitant will be responsible before the law for the full program.
What exactly is a cover-up?
Concealment of a crime is a special act aimed at concealing a criminal, providing him with asylum, and also helping to make fake documents and change his appearance. What punishment will be borne by the party that committed these illegal actions - will be decided solely by the court. As a rule, this can be a fine, which is two hundred thousand rubles, or the offender can be arrested for up to two years. The type of punishment is determined only when the fact of involvement in the crime is confirmed, and also depending on what kind of crime was hiding from the investigators.
When is a crime considered perfect?
Concealment of a crime can be considered perfect in different cases in different ways. The fact is that if you have to hide something that was illegally acquired, for example, a weapon, or if its storage is revealed, then the concealment of a crime has been a fact from the very moment that the second person became aware of it. The law takes into account only those actions that were committed, even if to some extent they were not completed. For example, even if the criminal did not fully achieve the goal of his crime, he will still be punished.
The main intention in concealing a crime: how it is taken into account in court
The court may take into account such moments when the concealer consciously committed a crime. Suppose the investigation proves that the person knew perfectly well that he was hiding the murder, which was completely due to negligence. If in fact it was committed intentionally, then the accused may not be held criminally responsible: after all, in his intentions there was no desire to hide the real murder.
What are the goals of the concealer
The purpose of concealing a crime may be different. Naturally, the first priority is the desire to hide illegal actions from justice. Investigators may also consider such steps as obstructing the investigation and the judiciary. Often criminals have their own selfish motives as motives. For example, people can be moved by love feelings, sometimes the motivation can be intimidation of a person by a criminal. Of course, motives are not a crime, but it should be noted that they are taken into account when the punishment is imposed.
Concealment of a crime through intellectual and physical actions
Concealment of traces of a crime can be committed both physically and with the help of intellectual actions. Most often, self-incrimination or false testimony in favor of the accused serves as an example for covering such concealment in order to ward off suspicion from the real criminal. In this case, justice can follow a false trail, and the offender himself can hide at this time. Also, advice on how to hide better, how to hide weapons or get rid of the body of the murdered person can also serve as intellectual activity. Concealment is also considered concealment of traces of a crime, for example, when a pedestrian was hit and a car was injured. To prevent the investigation from reaching the criminal, the car was repaired by a second person or the car was set on fire.
What is not considered harboring crime
It should be noted that the concealment, which is punishable by law, is the concealment of the facts of the crime, which really complicates the investigation. But insignificant assistance to the criminal, who did not pursue any goals to mislead the investigation, cannot be considered a concealment. For example, a person may be aware of a crime committed, but not report this to the appropriate authorities. But in some cases, a special article of the Criminal Code on non-reporting may still apply to such persons.
Difficulties in the investigation, which may be caused by the concealment of the criminal
Considering in detail this concept - concealment of a crime (article of the Criminal Code of the Russian Federation No. 316), one should pay attention to the fact that the article has many nuances. It is important to remember the distinction between types of concealment. For example, they try to hide the wanted item, because it was obtained by criminal means. The decision of the investigator regarding the concealer will depend on how this item was acquired. In this case, this fact can be considered as direct intent, because the concealer is aware of the nature of the crime, and on the other hand, the crime may be unsolved. In any case, the court will take into account the goals pursued by the concealer.
What measures are recommended to reduce the fact of concealment of crimes
It should be noted that every year the number of concealers of crime is growing. Despite this, the rate of detection of crimes is also growing, there are many cases in which crimes have been solved, and concealers have been punished. True, there is little consolation in this. Many experts believe that tough measures should be applied when even the slightest concealment of a crime occurs, the Criminal Code of the Russian Federation is unfinished in this direction. Serious work is ahead in this regard. Today, cases have begun to occur more often when there is a concealment of a crime in which all persons who committed it are known. The motive in this case is only one - to get your own benefit.
To avoid further such a development of events in society, it is necessary to differentiate responsibility even for harboring, which was not promised in advance. Given the severity of the crime that can be committed, the court must pass sentences with consideration of all the smallest details and taking into account the harm that has been done to society. Particularly harsh should be given to the judiciary, which can also actively participate in harboring, thus pursuing their own selfish goals.
As you can see, the article on concealing the crime has its flaws, which in the future must be removed. In order for the conflict to be resolved with the help of precise actions, precise criteria are required for holding those accountable who have even the slightest relation to the crime. Concealment of crimes can be interpreted in completely different ways, which enables the court to not always make an objective assessment of the acts. The result of such actions may be different. Sometimes not guilty people find themselves behind bars, and real criminals continue to break the law while at large. But all this can easily be avoided by making minor amendments to the law. The punishment for concealing a crime must necessarily relate to officials and authorities.