Article 306 of the Criminal Code of the Russian Federation with explanations
All reports of crimeslaw enforcement bodies, are subject to verification. When identifying false information, the author is sanctioned. What threatens such a person? We learn about this from the article.
Article 306 of the Criminal Code "Knowingly false denunciation"
A citizen who reported information that does not correspond to reality threatens:
- Penalty up to 120 thousand rubles. or in the amount of his salary or other income for a period of up to a year.
- Compulsory work up to 480 hours.
- Arrest till six months.
- Forced labor.
- Conclusion in prison.
- Corrective labor.
The duration of the last three sanctions is up to 2 years.
In the cases described above, accompanied by the accusation of a person in a grave or especially grave crime, Article 306 of the Criminal Code of the Russian Federation also applies. Punishment in this case is stricter. So, the guilty person threatens:
- Penalty from 100 to 300 thousand rubles. or in the amount of income / wages of the perpetrator for 1-2 years.
- Forced labor or imprisonment up to 3 years.
In the case of the commission of these acts with the artificial formation of the evidence base of the charges, 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 of the Russian Federation with comments
As the main object envisaged in thenorm, public relations, through which the normal functioning of the bodies of inquiry, prosecution, preliminary investigation and judicial instances in the course of criminal proceedings is ensured. In addition, Article 306 of the Criminal Code of the Russian Federation ("Knowingly false denunciation") is used in committing an encroachment on the dignity and honor of a citizen, his immunity 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 structures. The behavior of perpetrators distracts employees from solving actual problems, combating crime, undermines the authority of authorized bodies. In addition, the acts that cover Article 306 of the Criminal Code of the Russian Federation create for the innocent subject a threat of groundless persecution and restriction of his rights.
The objective part
It is expressed in the active actions of the subjectcrime. His behavior is aimed at informing law enforcement authorities of implausible information, information about actual criminal actions / omissions of a person. Moreover, Article 306 of the Criminal Code of the Russian Federation is also effective if a report on fully fictitious events is communicated to the authorized structures and if the person involved in the case is not accused in the actual act.
A deliberately false denunciation is characterized by the fact that:
- The information relates directly to the charge of criminal conduct, and not to another unlawful act.
- Information refers to a specific person or group of persons.
- The information is sent to the law enforcement agency, which has the authority to verify them and, based on its results, decide whether to initiate criminal proceedings or refuse to do so.
When sending such messages to managementthe enterprise where the accused person works, to his relatives, neighbors, to the media or public associations, Article 306 of the Criminal Code does not apply. In such cases, the act of a person is regarded as a slander and is qualified under Art. 128.1 of the Code.
Specificity of messages
A false report can come from a subject as inoral, and written. In this case, the message does not necessarily have to meet the requirements imposed on the grounds for instituting proceedings. Thus, Article 306 of the Criminal Code of the Russian Federation is applicable in cases of a citizen writing an anonymous message or a statement from a non-existent person, in spite of the fact that they are not an occasion to initiate criminal prosecution. Responsibility for the rule in question occurs regardless of whether the citizen was warned about the probable consequences or not.
The subjective part
Article 306 of the Criminal Code can be applied to anyonesane citizen at the age of 16 years. When official channels or sources of data dissemination, authority or specific powers are used to send information contrary to 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 in the presence of direct intent, as evidenced by an indication of the notoriousness of the rule in the disposition. The goal of the act is usually the desire to bring to justice the victim. But under certain circumstances a crime can be committed for other reasons. For example, a citizen informs that his car is stolen to avoid punishment for violation of traffic rules. A crime shall be deemed to be completed from the moment the employee of an authorized body receives a written / verbal statement of the committed act. The examination and verification of the submitted data is beyond the scope of the composition and can be taken into account in determining the severity of the criminal act.