All reports of crimes received by law enforcement agencies are subject to verification. If false information is revealed, sanctions are applied to the author. What threatens such a person? Learn about this from the article.
Article 306 of the Criminal Code of the Russian Federation “Knowingly False Denunciation”
A citizen who has reported information that does not correspond to reality is threatened by:
- Fine up to 120 thousand rubles. or in the amount of his salary or other income up to a year.
- Mandatory work up to 480 hours.
- Arrest up to six months.
- Forced work.
- Imprisonment.
- Correctional work.
The duration of the last three sanctions is up to 2 years.
Aggravating circumstances
For the above acts, accompanied by the accusation of a person of a serious or especially serious crime, article 306 of the Criminal Code of the Russian Federation also applies. The punishment in this case is stricter. So, the perpetrator faces:
- Fine from 100 to 300 thousand rubles. or in the amount of the guilty income / salary for 1-2 years.
- Forced labor or imprisonment of up to 3 years.
In the case of the commission of these acts with the artificial formation of the evidence base of the charge, article 306 of the Criminal Code of the Russian Federation provides:
- Forced labor up to 5 years.
- Imprisonment up to 6 years.
Article 306 of the Criminal Code with commentary
The main object provided for in the norm is public relations, through which the normal functioning of the bodies of inquiry, the prosecutor's office, preliminary investigation and the courts during criminal proceedings is ensured. Additionally, article 306 of the Criminal Code of the Russian Federation (“Knowingly false denunciation”) is applied when committing an encroachment on the dignity and honor of a citizen, his inviolability and freedom. The danger to society in such cases is expressed in the fact that such acts lead to an increase in the burden on law enforcement agencies. The behavior of the perpetrators distracts employees from solving urgent problems, combating crime, and undermines the authority of authorized bodies. In addition, the acts covered by Article 306 of the Criminal Code of the Russian Federation pose a threat to an innocent subject of unjustified persecution and restriction of his rights.
Objective part
It is expressed in the active actions of the subject of the crime. His behavior is aimed at informing law enforcement authorities of implausible information, information about criminal acts / omissions of a person that did not actually take place. Moreover, Article 306 of the Criminal Code of the Russian Federation is also valid if a notification of completely fictitious events is brought to the attention of authorized structures, and if a person who is not involved in it is charged with a really committed act.
Signs
Knowingly false denunciation is characterized by the fact that:
- The information relates directly to the allegations of criminal conduct, and not to another illegal act.
- Information refers to a specific person or group of persons.
- Information is sent to the law enforcement agency, which is empowered to verify it and, based on its results, decide whether to initiate a criminal prosecution or refuse to do so.
When sending such messages to the management of the enterprise where the accused person works, to his relatives, neighbors, the media or public associations, article 306 of the Criminal Code of the Russian Federation does not apply. In such cases, the act of a person is considered as libel and is qualified under Art. 128.1 of the Code.
Message Specifics
False denunciation can come from the subject, either verbally or in writing. Moreover, the message does not have to meet the requirements for the grounds for initiating proceedings. So, article 306 of the Criminal Code of the Russian Federation is applicable in cases when a citizen writes an anonymous message or a statement from a non-existent person, despite the fact that they are not a reason to start a criminal prosecution. Responsibility under the rule in question occurs regardless of whether the citizen was warned of the likely consequences or not.
Subjective part
Article 306 of the Criminal Code of the Russian Federation can be applied to any sane citizen over the age of 16 years. When official channels or data distribution sources, authority or specific powers are used to send information that contradicts the actual state of affairs, the act falls under Art. 285 of the Code. A crime under Article 306 of the Criminal Code is committed only if there is direct intent, as evidenced by an indication of prior knowledge in the disposition of the norm. The goal of the act is usually the desire to hold the victim accountable . But under certain circumstances, a crime may be committed for other reasons. For example, a citizen reports that his car was stolen to avoid being punished for traffic violations. A crime is considered completed from the moment a member of the authorized body accepts a written / oral statement about the committed act. The study and verification of the data provided is outside the composition and can be taken into account when establishing the severity of a criminal act.