Criminal law provides for such a thing as a false denunciation. It is understood as a message to the bodies with the right to initiate criminal cases of knowingly false information about a committed criminal act. It can be expressed in any form: written, electronic, oral. Responsibility occurs regardless of whether the perpetrator was warned of responsibility under Art. 306 of the Criminal Code or not.
Causes and effectsFalse denunciation is not uncommon. It is done for various reasons: out of a feeling of hatred, self-interest, envy, revenge, etc. The motive of a crime has no effect on qualification. False statements and messages adversely affect negotiated persons. The rights of unjustifiably accused people are often infringed upon and are inflicted moral harm. In addition, such statements also adversely affect the work of law enforcement officials who spend time and money on their resolution.
Corpus delictiThe object is public relations in the field of justice, which ensure the normal functioning of law enforcement agencies, as well as the dignity and honor of negotiated citizens. The objective side is to submit a deliberately false statement (message) to the authorities involved in the initiation of criminal cases, their investigation and consideration. The applicant is explained criminal liability and he, certifying this fact, puts his signature in the protocol. On the subjective side, intent is only direct. The person who made the false denunciation wishes for the consequences of writing a statement. For example, bringing a negotiated criminal liability. Only a sane individual who has reached 16 years of age can act as a subject.
Responsibility
The maximum penalty for this crime is up to two years in prison. Arrest, correctional or community service, a fine may also be imposed. If the false denunciation was combined with the accusation of a citizen of a grave (or especially grave) crime, the maximum sentence is increased to three years, and with the artificial creation of evidence - up to six years in prison. Most often, not the most severe punishment is applied for the first time. However, even if the perpetrator was convicted only of paying a fine, in the future this may affect the receipt of a loan, going abroad and many other cases.
Knowingly false testimony
The concept of knowingly false testimony is closely interconnected with a false denunciation. So, in Article 307 of the Criminal Code, responsibility for such actions is provided. The subject of this crime may be the victim, specialist, witness, translator. They are warned about the responsibility that can be applied to them for giving false testimonies, and they put, confirming familiarization, their signature in the protocol. Data distortion must be intentional. Subjects of a crime may be exempted from liability if they voluntarily declare the falsity of the testimony, the provided conclusion or translation. An article for giving false testimony provides for up to three months of arrest, and if the testimony was also given with the accusation of another person for a grave (especially grave) criminal act - up to five years in prison.