Article 144 of the Criminal Code of the Russian Federation in a new edition. Criminal Code on obstruction of the legitimate professional activities of journalists

If you look at the pass of one of the journalists, you can find an inscription on it that is an excerpt from the Criminal Code. Article 144 states that it is prohibited to interfere with the activities of this specialist. A person who takes such actions may be subject to criminal liability. However, not even every journalist knows what these actions may be. For what crime can a person be held accountable, as provided for in Article 144 of the Criminal Code of the Russian Federation?

Right to information

According to the Constitution, every person has the right to seek, receive and transmit information. But only if he does it legally. If this person is also a professional reporter, he has the right to receive sufficient information wide range, while not having special permission for such actions. The rights of journalists are discussed in Federal law.

Private information

Undoubtedly, there are resources that no one is allowed to invade, with the exception of a limited circle of people. First of all, it is not subject to disclosure state secret. It is also prohibited to disseminate information relating to the personal life of a person. Information that is directly relevant to society can be collected and made available to a wide range of people.

There is a ban on censorship in our country. Therefore, any media representative has the right to receive and disseminate information if these actions serve the benefit of society and do not violate privacy individual citizens. And if a journalist has some information that is neither a state nor a personal secret, coercion to conceal it is punishable by law. Article 144 is devoted to just such a crime. The perpetrator can be punished from a small fine to six years in prison.

Arbitrage practice

If an employee of a periodical publication invades the privacy of a citizen and disseminates information that is part of the personal and intimate life, he implements illegal actions. This activity can and should be prevented. But if the information received by the journalist indicates that the citizen carried out actions directed against society (for example, providing services that did not meet safety rules), preventing an employee of the publication from publishing relevant materials is prohibited by the Criminal Code. In the first case, the accused is a journalist (although the charge is based on a completely different article of the Criminal Code), in the second, a person who obstructs a journalistic investigation.

Freedom of thought

The Constitution also guarantees the right of citizens to receive objective information. Any form of influence on journalistic activities is prosecuted by law, which threatens the accused with criminal liability.

Such actions may include not only coercion to conceal certain information, but also distortion or replacement of it with others. Article 144 provides for punishment for any interference in the work of the press. But if a journalist is forced to hide or change information by a person with powerful official powers, term of imprisonment or money penalty will be more significant. Thus, Article 144 Part 2 refers to punishment in the form of a fine of up to three hundred thousand rubles or imprisonment of up to two years.

Forms of infringement of freedom

How freedom of thought and speech can be limited is stated in the Federal Law (“On the Mass Media”). This may be direct or indirect interference in professional life journalist, and illegal termination of media activities. Legal liability Article 144 establishes for encroachment on the free activity of representatives of the press. Administrative legislation provides for specification of these provisions.

It should be said that the ban on censorship also has Negative influence on society. Just a few years ago, the media featured materials of a pornographic or extremist nature much more often than today. But the spread similar information Thanks to amendments to the Criminal Code, it is also criminally punishable. This is the specificity of the crime about which we're talking about In this article. A journalist cannot be hindered, but only if he is acting legally.

A little history

In 1997, at the European Seminar, which was dedicated to strengthening media independence, the urgent need for criminal penalties for interference in journalistic activities was discussed. The relevance of the topic was due to the fact that representatives of the press often became victims of violence, torture, threats and kidnapping. In Universal Declaration Human Rights states that information is a fundamental human right.

In Russia, at the end of the nineties of the last century and the first decade of this century, significant difficulties were observed in the relationship between the media and authorities. At the same time, journalists were often subjected to more than just economic pressure. Entire newspaper circulations were arrested and the airwaves were switched off. And quite a few of these actions were carried out demonstratively, for which they were involved strong structure. The person who initiates such activity is held accountable today, as provided for in Article 144.

The Criminal Code of the RSFSR, however, ignored such actions. In the Soviet Union, nothing could bypass censorship periodical and not a single program on television.

Today, the owner of any organization does not have the right to interfere with the activities of journalists, no matter what Negative consequences whatever it would entail for his business. Government bodies also have to put up with the intrusion of reporters. However, as already mentioned, there is information that is inaccessible even to the most famous and widely circulated publication.

Object of the crime

Every crime has a victim. On legal language it is called an object. Interference with journalistic activities is punishable by law, as stated in Article 144. What does this crime mean and who suffers from it? The object in this case is both the professional activity of the journalist and the freedom to receive information, which is stated in the Constitution.

As a victim in court case, the initiation of which is indicated by Article 144 of the Criminal Code, acts legal representative press. This specialist has the right to access various resources and is not required to justify the need to obtain information. If a crime is committed against a journalist physical violence or damage to property, then these actions can be qualified not only as a crime, which is provided for in Article 144 of the Criminal Code of the Russian Federation. In a court case, the acts referred to in Art. are also considered in their entirety. 111, art. 112, art. 119.

This article talks about Article 144 Part 3 of the Criminal Code of the Russian Federation. What kind of article is this and what could be the consequences? Article 144 part 3 of the Criminal Code of the Russian Federation will help to consider any obstruction legal activities journalism, where coercion and further dissemination of illegal information can be used.

Any obstruction of journalistic activity, where the perpetrator may be forced to further disseminate illegally obtained information, is always punishable by imprisonment or fines. In the same case, the court awarded the culprit a fine of 80,000 rubles. Or withdrawing a certain amount from wages. When a convicted person is in prison, the entire amount is collected from his basic income for 6 months. Mandatory work is also assigned specialized places for a total period of up to 360 hours (Article 144 Part 3 of the Criminal Code of the Russian Federation). Corrective labor for up to 12 months is not excluded.

Some criminal acts that were provided for in this article and in each part were connected or even identified after violence was committed against the journalist or his relatives. Where damage was also caused to him and all their equipment was damaged, possibly and completely destroyed, all this, according to the law, will be equated to a threat of using violent action (Article 144 Part 3 of the Criminal Code of the Russian Federation). Every criminal act carries punishment, which can only be imposed after a court decision. Perhaps this will be forced labor for a total period of up to 5 years, where the culprit can also be imprisoned for up to 72 months. But in almost every case, deprivation of the right to further hold a special position or engage in it at all is considered.

Legislative clarifications to Article 144 Part 3 of the Criminal Code of the Russian Federation

According to Article 29 of the Constitution Russian Federation guarantees freedom of thought and even speech. In addition, freedom is given to the media. Often Implementation this right will be largely intertwined with any professional work in the field of journalism. Each affected person given criminal act often turns out to be a journalist who always performs his own professional position. And only this professional work will be understood as editing information or common creation, collecting some messages, as well as basic materials for further editing in the media. Work should only be carried out on contractual terms, otherwise a person collecting information about a person is breaking the law and will be punished for it. Any specialty of a journalist in Russia is always carried out only in accordance with the law.

The objective part of any such criminal act in a certain form prevent the legitimate profession of a journalist, in addition, all this can be characterized by the main method of obstruction, applying coercive actions to the possible distribution or refusal of further distribution information information. Obstruction is a criminal act carried out by several people, where by coercing journalists to further disseminate information. Compulsory actions can be carried out by influencing the main media body (Article 144, Part 3 of the Criminal Code of the Russian Federation). There will also be a threat of complete cessation, including suspension of his specialty, possible destruction of the next edition or its individual parts. The main infliction of damage to other objects while interfering with the lawfully carried out activities of correspondents often requires classification as a set of criminal acts. The dissemination of any informative information means that almost any format in bringing it to a large circle of people, or the so-called mass consumers, where complete publication and subsequent performance on television and radio broadcasts occurs.

The main elements of the criminal act are considered formal. The criminal act will be considered completed from the very moment of its implementation committed act, regardless of whether he was able to obtain information and subsequently disseminate it or, on the contrary, he had to abandon such an idea (Article 144, Part 3 of the Criminal Code of the Russian Federation).

The subjective part of a criminal act can be characterized by the main guilt in the form intentional act.

The subject of the main criminal act is considered common. He is also considered a citizen of the Russian Federation who has reached 16 years of age. In a certain composition of the subjective part, the injured person can only be a media journalist, or another person who has his own job responsibilities, which can be used to prevent the same activity (Article 144, Part 3 of the Criminal Code of the Russian Federation).

In this article you learned what Article 144 Part 3 of the Criminal Code of the Russian Federation is. If you have questions and problems that require the participation of lawyers, then you can turn to the specialists of the Sherlock information and legal portal for help. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

Current version of Art. 144 of the Criminal Code of the Russian Federation with comments and additions for 2018

1. Obstruction of lawful professional activity journalists by forcing them to disseminate or refuse to disseminate information -
shall be punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of up to three hundred sixty hours, or correctional labor for a period of up to one year.

2. The same act committed by a person using his official position, -
shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or forced labor for a term of up to two years with deprivation of the right to occupy certain positions or study certain activities for a term of up to three years or without it, or by imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

3. Acts, provided for in parts first or second of this article associated with violence against a journalist or his relatives or with damage or destruction of their property, as well as with the threat of using such violence, -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to six years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary on Article 144 of the Criminal Code of the Russian Federation

1. Composition of the crime:
1) object: public relations related to the implementation of constitutional, political professional rights journalists for the free dissemination of information;
2) the objective side: it consists of obstructing the legitimate professional activities of journalists, namely, coercion to disseminate or coercion to refuse to disseminate information, incl. with the use of violence, destruction of property or the threat of their use;
3) subject: individual, who has reached 16 years of age, and according to Part 2 of Art. 144 of the Criminal Code of the Russian Federation is a special subject - a person using his official position;
4) subjective side: characterized by direct intent. The perpetrator realizes that by his actions he is interfering with the legitimate activities of journalists by forcing them to disseminate or refuse to disseminate information, and wants to commit these actions.

Qualified offenses are:
- the same act committed by a person using his official position (Part 2 of Article 144 of the Criminal Code of the Russian Federation);
- acts provided for in Part 1 or 2 of this article, connected with violence against a journalist or his relatives or with damage or destruction of their property, as well as with the threat of using such violence (Part 3 of Article 144 of the Criminal Code of the Russian Federation).

2. Applicable law:
1) Constitution of the Russian Federation (Part 5, Article 29);
2) Law of the Russian Federation “On the Mass Media” (Articles 2, 58, 59, 60, etc.).

Consultations and comments from lawyers on Article 144 of the Criminal Code of the Russian Federation

If you still have questions regarding Article 144 of the Criminal Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

1. Obstructing the legitimate professional activities of journalists by forcing them to disseminate or refuse to disseminate information -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year.

2. The same act committed by a person using his official position, -

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without such.

3. Acts provided for in parts one or two of this article, coupled with violence against a journalist or his relatives or with damage or destruction of their property, as well as with the threat of using such violence -

shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to six years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary to Art. 144 of the Criminal Code of the Russian Federation

1. . The implementation of this right is largely associated with the professional activities of journalists.

The victim of this crime is a journalist fulfilling his professional duty.

The professional activities of journalists are understood as editing, creating, collecting or preparing messages and materials for the editorial office of a registered media outlet on the basis of labor or other contractual relations a journalist with the editorial office of a registered media outlet or under its authority (see Article 2 of the Law of the Russian Federation of December 27, 1991 N 2124-1 “On the Mass Media”) (as amended on June 14, 2011).
———————————
Gazette of the Russian Federation. 1992. N 7. Art. 300; NW RF. 2011. N 25. Art. 3535.

The professional activities of journalists in the Russian Federation are carried out in accordance with the Law of the Russian Federation “On the Mass Media”.

2. Objective side The crime is expressed in an act in the form of obstruction of the legitimate professional activity of a journalist, and is also characterized by the method of obstruction - coercion to disseminate or refuse to disseminate information.

Obstruction is opposition by others by forcing journalists to disseminate information. Coercion can be carried out both by influencing a mass media body: the threat of termination or suspension of its activities, destroying the circulation or part of it, and other similar acts, and by influencing the journalist himself. In particular, coercion can be expressed in the use of violence against the journalist himself or his relatives, in the threat of its use, in the destruction or threat of destruction of property, the threat of dismissal, demotion, blackmail, i.e. threat of disclosure of unwanted information and other actions that violate legal rights and the interests of the journalist (dissemination of information discrediting the journalist and his relatives), etc.

Causing harm to other objects while obstructing the legitimate professional activities of journalists will require qualification for a set of crimes.

The dissemination of information means any form of bringing it to an indefinitely large circle of people, the mass consumer: publication, appearance on radio, television, etc.

3. The corpus delicti is formal. The crime is over from the moment the act itself is committed, regardless of whether it was possible to get the journalist to disseminate or refuse to disseminate this or that information.

4. Subjective side crimes are characterized by guilt in the form of direct intent.

5. The subject of the main crime is general. He is a sane individual who has reached the age of 16 years. In a qualified composition, a special subject - executive The media where the journalist works, or any other person who has official position, which is used to obstruct the legitimate professional activities of a journalist.

6. Part 3 of the commented article specifically provides qualified personnel obstruction of the legitimate professional activities of journalists. The legislator included the use of violence against a journalist or his relatives, or damage or destruction of their property, as well as the threat of using such violence, as specially qualifying features of the crime in question.

Use of violence in in this case covers violence of any nature and causing slight harm health and harm to health moderate severity. Causing grievous harm health when committing an act requires additional qualifications under Art. 111 of the Criminal Code.

According to Part 3 of the commented article, an act should be qualified not only in cases where violence was actually used, but also when there was a threat of violence.

The destruction of property should be understood as rendering it completely unfit for use. intended purpose if it is impossible to restore the property. Damage involves rendering property partially unusable or completely unusable, but with the possibility of restoration.

This article talks about Article 144 Part 1 of the Criminal Code of the Russian Federation. What kind of article is this and what could be the consequences? Article 144 Part 1 of the Criminal Code of the Russian Federation is the fundamental law that will prevent the legitimate activities of journalists who use coercion from citizens and disseminate all secret information.

Any resistance against the legitimate profession of journalism can be obtained by court decision and only if any secret information was distributed against the will of anyone. This case carries the main penalty in the form of fines in a total amount of up to 80,000 rubles. or in the amount of one salary and so on. The result of the decision can always be obtained after the court case.

The same act can be included in this article, where the person who committed the criminal act, taking advantage of his official position, decided to carry out what he wanted by disseminating all the unauthorized information. From now on, all this is liable in the form of fines from 100,000 to 300,000 rubles, or in the amount of one salary and other profits, punishable in places of imprisonment. Total term all this and total amount penalties are imposed only in courts.

Actions that were previously considered by several parts of the same Article 144 Part 1 of the Criminal Code of the Russian Federation, combined with violent acts against the journalist himself or his relative, or damage, as well as direct destruction of his property, will be equated to a threat of the use of such violence. In addition, it is punishable by compulsory labor for up to 5 years, or the culprit will face imprisonment for up to 6 years, with further deprivation of the fundamental right to hold his direct position in Article 144 Part 1 of the Criminal Code of the Russian Federation and so on.

Legislative clarifications in Article 144 Part 1 of the Criminal Code of the Russian Federation

Danger to the public from a criminal act committed in accordance with the Constitution of the Russian Federation - freedom of speech, freedom of mass information, ban on censorship, including the right to search necessary information in the free version, to acquire, then transfer, develop, and then distribute all this in any permitted way is considered in Article 29 of the Constitution of the Russian Federation. A criminal act, in particular, completely violates the right of a person to any reliable and even complete information about everything that happens in the state and information received abroad. This article 144 part 1 of the Criminal Code of the Russian Federation is divided into two main points, which are enshrined in the main version and even the qualified elements of a criminal act. All these actions often reflect public danger, which relate to different categories criminal acts in a small form.

The main object of a criminal act is the social relations that arise regarding the execution professional work journalists, especially in the field of disseminating information.

The objective part of the basis for a criminal act is usually expressed in failure to comply with a legal professional. activities of journalists by compulsorily forcing them to further disseminate.

Any professional work of journalists usually means only editing, development, full collection, including the preparation of basic information and even materials for editing in the media, and only on the basis of labor or contractual agreements of the journalist in the form of a registered employee in the media.

The legal format of this professional work of a journalist can only be determined by the existing articles taken from the legislation of the Russian Federation. Methods for obstructing the legitimate professional activities of journalists are: coercion of any media employee to further refusal from the dissemination of informative information (Article 144 Part 1 of the Criminal Code of the Russian Federation).

The main dissemination of journalistic acts by informational information is usually understood as any communication of informational data by them to unauthorized persons and only through means mass information.

The only means of mass media, as well as its propaganda, can often be considered any printed publications, including radio, television, video broadcasts. Various periodically printed media for disseminating information include newspapers, magazines, and much more. Under radio, video, and television programs, it will be possible to consider the totality of transmitted materials that have a main name and are broadcast to the world at least once every year (Article 144 Part 1 of the Criminal Code of the Russian Federation).

Any possible coercion to further dissemination or even complete refusal to disseminate informative information can only be accomplished through the use of violent actions. Violent acts, threats to further dismissal, demotion, dissemination of informative information, which can sometimes discredit journalists and their relatives and friends. Any decisions are made only in the courts.

In this article you learned what Article 144 Part 1 of the Criminal Code of the Russian Federation is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov