The disclosure of information constituting a state secret by the entity to which they were entrusted or became known in connection with his service, studies, work, or for other circumstances established in regulatory enactments shall entail criminal punishment. It applies if the specified information has become the property of third parties. Moreover, as part of the act there should be no signs of crimes defined by Art. 275, 276 of the Criminal Code.
Punishment for disclosure of state secrets
Art. 283 of the Criminal Code for this crime establishes:
- Arrest for 4-6 months.
- Imprisonment up to 4 years.
In addition to deprivation of liberty, a ban on the performance of activities or tenure of office determined by a court may be imposed for up to 3 years.
Qualifying composition
Responsibility for the disclosure of state secrets can be toughened if the act resulted in negligence with serious consequences. In this case, the guilty person faces imprisonment for 3-7 years. In addition, the court has the right to impose a ban on staying at certain posts or engaging in specific activities for 3 years.
Forms of action
The disclosure of state secrets can be carried out in various ways. In practice, the following forms are most common :
- Written. For example, it can be printing in the media, sending letters and so on.
- Oral. The disclosure of state secrets may be carried out in private conversation or during public speaking.
- In the process of demonstrating objects, drawings, schemes, including information protected by law.
The disclosure of state secrets may be carried out in case of loss of documents containing classified data, as well as in violation of the method of their use.
A comment
The disclosure of state secrets is a socially dangerous act. The threat lies in the fact that secret information is being taken out of possession and can subsequently be used to infringe on internal and external security, as well as other important interests of the country. The object is, accordingly, the safety of such data. The subject of the crime is information constituting state secrets.
Objective part
On this side, the crime is expressed in the direct disclosure of information considered to be state secrets. It should be understood as such illegal publication of information in which it became the property of extraneous entities. They are persons who, due to their duties or nature of work, do not have access to such data.
The specifics of the crime
Objectively, the disclosure of state secrets of the Criminal Code of the Russian Federation is regarded as different actions, as a result of which secret information becomes available to outsiders. This may occur when:
- Public speaking.
- Private, confidential conversation.
- Correspondence.
- Demonstrations of products, drawings, diagrams.
- Showing documentation.
- Losing unaccounted notebooks and notebooks with extracts from secret papers and so on.
Along with this, the disclosure of state secrets may be carried out by inaction. This, in particular, is about the uncontrolled leaving at the workplace of guilty tables, documentation, products, diagrams in an environment where outsiders can have unhindered access to them. If, for reasons that do not depend on the will of the guilty party, unauthorized persons did not perceive the deliberate disclosure of state secrets, the Criminal Code qualifies this act as an attempt on a crime. Such a situation takes place, for example, due to the ignorance of another subject of the national language, his strong intoxication, deafness, and so on. The act is considered completed from the moment of perception by the outsider of the disclosed information. Moreover, it is enough for the subject to understand the general meaning of information without detailed perception.
Normative base
The procedure in accordance with which the safety of information related to state secrets is ensured is regulated by Federal Law No. 5485-1, the rules for classifying data as different degrees of secrecy, and the list of information considered to be protected by law. In addition, there is a system of by-laws in the form of provisions, instructions, memos, etc. In this regard, during the investigation of facts, it is necessary to precisely establish the nature of the information that has been made public. In addition, a specific requirement that has not been complied with should be determined. The degree of data secrecy is established by reconciling them with the regulations in force in the country. If necessary, an examination may be carried out.
Subjective part
This side of the crime involves intent and reckless guilt. There are several opinions on this subject in legal publications. In particular, some authors believe that the disclosure of information recognized by the state secret can be carried out exclusively with intentional fault. According to experts, such an opinion is caused by semantic and editorial inaccuracy of understanding of Art. 24, part 2 of the code. This point requires legislative correction or clarification of the aircraft.
Intent
If he is direct, the subject, realizing the social danger of behavior associated with the disclosure of state secrets, suggests that the information will be perceived by outsiders, and wants it. For example, this form of guilt is present if the crime was committed in a confidential conversation with a relative or other close people. If the subject acts with indirect intent, then he understands the threatening nature of his behavior for society, anticipates that the information that constitutes state secrets may become the property of other, extraneous citizens. At the same time, the perpetrator admits that the secret data will be perceived by them, since it refers to this fact with indifference. Thus, the conversation of colleagues on a closed topic in public transport is assessed with loudness, which allows the possibility that information will be heard by outsiders, a loud reading of documents or discussion of secret issues in rooms with insufficient sound insulation, leaving in an office that other people can enter , graphs, charts, tables, etc.
Carelessness
Disclosure of state secrets may occur due to criminal negligence or frivolity. As a rule, this is expressed in writing when copies are made of documentation containing classified information, the data is transferred to unaccounted notebooks, notebooks, on separate sheets, which may subsequently be lost. In this case, with intentional and careless disclosure, serious consequences can occur.
Motives
As practice shows, citizens go on the disclosure of state secrets for the sake of bragging. The purpose of the act is the desire to show strangers their competence and knowledge, to emphasize the importance of their participation in the process of solving practical issues. Motives may also be based on other incentives. For example, a subject who divulges state secrets seeks to help a friend who is doing a scientific job or preparing to deliver a lecture.
Part two
It defines the qualifying composition of the act. He recognizes the same crime that is indicated in part 1 of article 283, but entailed grave consequences due to negligence. They recognize:
- The transfer of information at the disposal of foreign intelligence services.
- Disruption of significant events.
- Suspension of promising scientific and technical research and so on.
In this case, the fault can only be careless. This is also indicated in the norm under consideration.
Difference from treason
The disclosure of classified information is carried out exclusively with indirect or direct intent. In the latter case, a reasonable question arises: how is disclosure different from high treason, expressed in espionage? First of all, it is necessary to note the specific content of intent and the nature of the act itself. When committing treason, the subject understands that he is transmitting secret data to a representative of a foreign country. At the same time, he consciously wants to do this in order to carry out hostile activities to harm Russia. When disclosing classified information, the perpetrator understands that he provides it to outsiders, not representatives of another country.