How to prove a knowingly false denunciation. Theory of everything

1. Knowingly false denunciation about committing a crime -

shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount wages or other income of the convicted person for a period of up to one year, or compulsory work for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.

2. The same act, combined with accusing a person of committing a grave or especially grave crime, -

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 forced labor for a term of up to three years, or by imprisonment for the same term.

3. Acts, provided for in parts first or second of this article combined with the artificial creation of evidence for the prosecution, -

shall be punishable by forced labor for a term of up to five years or imprisonment for a term of up to six years.

Comments to Art. 306 of the Criminal Code of the Russian Federation

1. The object of the crime is the normal activities of the court, as well as the prosecutor’s office, preliminary investigation and inquiries.

Statements and letters from citizens are grounds for initiating criminal proceedings. Reporting incorrect information about the commission of a crime, misleading the court, the prosecutor's office, investigation and inquiry seriously violates them normal activities. In this case, the criminal essentially uses justice as a tool to achieve his base goals, sometimes achieving not only the conviction of the innocent criminal liability, but also his condemnation. Therefore, an optional object may be the interests of the individual.

2. The objective side consists of a deliberately false denunciation of the commission of a crime.

Denunciation is a message in any form (oral or written) made by own name, anonymously or on behalf of another person or through third parties, about the fact of a crime. The message when denounced is false, i.e. not true. This may refer to the event of a crime or be expressed in attributing it to a specific person, in accusing a person not involved in committing an actual crime, or in more serious crime than what was actually committed, etc. Falsity must cover factual circumstances, and not their legal assessment.

The law does not specify the authorities and officials, the false denunciation of which forms the corpus delicti of the crime in question. First of all, they can be the bodies that fight crime: the police, the prosecutor's office, the investigative and inquiry bodies. These also include organs state power and organs local government, public organizations, which, according to their functions, are obliged to transmit information about crimes committed to bodies and officials authorized to carry out criminal prosecution.

3. False denunciation is one of the crimes with formal composition, is considered completed from the moment of admission to specified bodies false report of a crime. Checking the message, initiating a criminal case, conducting investigative actions, and even more so bringing an innocent person to criminal responsibility are outside the scope of the law.

4. The subjective side of a false denunciation is characterized only by direct intent. Conscientious misrepresentation regarding the information provided excludes criminal liability.

The purpose is not specified in the law; within the meaning of the commented article, such a purpose is the initiation of a criminal case and bringing an innocent person to criminal liability.

5. The subject of the crime is a person who has reached the age of 16 years.

6. Liability under Art. 306 may also be borne by suspects and accused persons if their false denunciation is not related to the subject of proof in the case against them.

7. A knowingly false denunciation should be distinguished from slander. In case of false denunciation, the act consists of reporting false information about the commission of a crime; in case of slander, the act consists of disseminating false information that discredits the honor and dignity of another person, undermining his reputation. A false denunciation is addressed to the above authorities, and slander involves the dissemination of information among third parties. These crimes are pursued different goals: false denunciation - criminal prosecution of an innocent person, slander - humiliation of the honor and dignity of an individual.

8. A false denunciation becomes qualified if it is connected with an accusation of a person of committing a grave or especially grave crime (Article 15 of the Criminal Code).

9. According to Part 3 of Art. 306, a false denunciation combined with the artificial creation of evidence of the accusation is punishable. It is characterized by the fact that the perpetrator either represents fake evidence accusations or falsifies them.

Knowingly false denunciation of the commission of a crime is punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred and 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, or arrest for a term of up to six months, or imprisonment for a term of up to two years.

Part 2 art. 306 of the Criminal Code of the Russian Federation

The same act, coupled with a person being accused of committing a grave or especially grave crime, is 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 forced labor for for a term of up to three years, or imprisonment for the same term.

Part 3 art. 306 of the Criminal Code of the Russian Federation

Acts provided for in parts one or two of this article, combined with the artificial creation of evidence of accusation, are punishable by forced labor for a term of up to five years or imprisonment for a term of up to six years.

Commentary to Art. 306 of the Criminal Code of the Russian Federation

Commentary edited by Esakova G.A.

1. The objective side is expressed in the form of actions to bring to attention law enforcement knowingly false information about criminal behavior a specific person or persons. This information may be deliberately false regarding the fact of the commission of a crime, the involvement of a person in its commission. It can be reported as competent authorities, authorized to make decisions on initiating criminal cases, and to bodies and officials obliged to report the discovery of signs of crimes. A knowingly false denunciation is possible verbally, writing or other form (using technical means). Specified actions, combined with the accusation of a person of committing a serious or especially serious crime (Part 2) or combined with the artificial creation of evidence of the accusation (Part 3), form qualified elements of a crime.

2. The crime is considered completed from the moment the addressee perceives knowingly false information. Part 3 also requires the artificial creation of evidence of accusation (planting a person with an object or instrument for committing a crime or his personal belongings at the crime scene, etc.); with additional qualifications under Art. 303 of the Criminal Code is not required.

3. Giving knowingly false testimony by a person who knowingly made a false denunciation as a witness to a crime during a preliminary investigation or in court hearing does not require additional qualifications under Art. 307 of the Criminal Code.

4. The subjective side is characterized by direct intent, implying the awareness that the information provided is false.

Commentary on Article 306 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The crime encroaches on the normal activities of the court authorities in the administration of justice, as well as the prosecutor’s office, preliminary investigation and inquiry in the implementation of criminal prosecution. Rights and legitimate interests personality is an optional direct object.

2. The objective side of the crime consists of a deliberately false denunciation of the commission of a crime. Denunciation is understood as a message about the commission of a crime, made in any form, either anonymously or on one’s own behalf. The report can be made to special services fighting crimes, as well as to state bodies or local government bodies, which are obliged to transfer the message about a crime received to them to the bodies fighting crimes.

3. The elements of a knowingly false denunciation are distinguished from slander by the addressee to whom information about the commission of a crime is transmitted, as well as by purpose. When denunciating, the guilty person intends to mislead the justice authorities about the guilt of an innocent person; when slandering, he only intends to discredit the reputation and name of the victim.

4. A knowingly false report may contain any information that prompts the justice authorities to verify the received statement: about the event of a crime, the commission of a crime by a specific person, etc. The denunciation must concern facts related to the crime, and not any other offenses. The crime is completed from the moment the denunciation is received by the appropriate body empowered with the right to initiate a criminal case.

5. A person who has made a knowingly false denunciation, and subsequently gives knowingly false testimony as a witness in the same case, confirms the facts stated by him earlier in a false report. Such actions do not create a new independent crime, but are a logical continuation of a criminal denunciation.

6. The subjective side of the crime is characterized by direct intent. There must be a knowledge of false denunciation. The motives for a crime can be different. The purpose as a sign of composition is not indicated in the article on knowingly false denunciation. However, from the meaning of the commented article it follows that the purpose of a deliberately false denunciation is to bring about criminal liability.

7. The subject of the crime is a person who has reached the age of 16 years. The suspect (accused) can also be the subject of a deliberately false denunciation. This possibility is not excluded if the denunciation is not related to the subject of evidence in a criminal case in which a person is accused, and is not used to defend against charges (see: Judicial practice in criminal cases: Thematic collection. M., 2001. P. 378). Protection of the suspect (accused) is lawful as long as it is carried out in ways permitted by law and does not affect legal rights another person.

8. A qualifying sign of a knowingly false denunciation is a denunciation combined with an accusation of a person of committing a grave or especially grave crime (Part 2 of the article) or with the artificial creation of evidence of the accusation (Part 3 of the article). The qualifying feature associated with the artificial creation of evidence for the prosecution is that the perpetrator falsifies the evidence. The qualified personnel crime differs from the elements of falsification of evidence (Article 303 of the Criminal Code) according to the subject of the crime.

Commentary on Article 306 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantova

The main object of a deliberately false denunciation is the interests of justice. The interests of the individual may act as an additional direct object of this encroachment, i.e. those citizens who are unreasonably suspected of committing a crime.

The social danger of a crime is that it disrupts the normal work of law enforcement agencies involved in verifying a knowingly false report of a crime, and may lead to the unjustified initiation of a criminal case, prosecution and conviction of an innocent person. Incorrect information distracts the forces and attention of investigative and inquiry bodies from the fight against actual crimes.

The objective side of the crime is characterized active actions, which consist of a knowingly false report about the commission of a crime - both about the event of the crime and about the persons who committed it. At the same time, the category of the crime reported in the denunciation does not affect the qualification of the act.

Responsibility for false reports of administrative and other offenses, as well as immoral acts, Art. 306 of the Criminal Code of the Russian Federation does not provide for this. In such cases, liability under Art. 129 of the Criminal Code of the Russian Federation

In Art. 306 of the Criminal Code of the Russian Federation does not indicate the bodies to which a false report constitutes this crime. However, from the meaning of the law it follows that such bodies include, first of all, bodies that fight crime and are authorized to initiate criminal cases: investigative and inquiry bodies, state tax inspectorates, customs, etc.

Also, according to Part 3 of Art. 8 Federal Law dated May 2, 2006 N 59-FZ “On the procedure for considering citizens’ appeals Russian Federation” a written appeal containing issues the solution of which is not within the competence of the state body, local government body or official, is sent within seven days from the date of registration to the relevant body or the relevant official whose competence includes resolving the issues raised in the appeal, with notification of the citizen who sent the appeal about the redirection of the appeal, except for the case provided for in Part 4 of Art. 11, i.e. when the text of a written appeal cannot be read.

A knowingly false denunciation can be oral, written, made over the phone, through other persons, etc. The method of committing a crime does not matter in deciding whether there is a crime. It does not matter whether the informer gave his real name, deliberately changed it, or made an anonymous denunciation.
According to Part 1 of Art. 11 of the Federal Law of May 2, 2006 N 59-FZ if in written request the name of the citizen who sent the appeal is not indicated, and mailing address, to which a response should be sent, a response to the request is not given. If the said appeal contains information about an illegal act being prepared, committed or committed, as well as about the person preparing, committing or having committed it, the appeal must be sent to government agency in accordance with his competence.

According to Part 7 of Art. 141 of the Code of Criminal Procedure of the Russian Federation, anonymous statements cannot serve as a reason for initiating a criminal case. However this norm does not mean that anonymous statements are not taken into account at all by state law enforcement agencies.
Legitimacy of verification anonymous statements promptly confirmed by decision Judicial Collegium Supreme Court RF dated August 19, 1998 N GKPI 98-198.

Anonymous statements containing information about an upcoming or committed crime, can and should be verified by the body authorized to carry out operational investigative activities (see commentary to Part 4 of Article 303, Criminal Code of the Russian Federation - Author's note), primarily by conducting appropriate public or covert operational investigative activities, according to the results of which the issue of initiating a criminal case is decided according to the rules of Art. 143 of the Code of Criminal Procedure of the Russian Federation.

Thus, anonymous messages crimes are verified, false information diverts the efforts and attention of law enforcement agencies from the fight against actual crimes, thereby violating the interests of justice. Hence, anonymous denunciations fall under Art. 306 of the Criminal Code of the Russian Federation In this situation, the reason for initiating a criminal case will be a message about a committed or impending crime received from other sources (clause 3, part 1, article 140 of the Criminal Procedure Code of the Russian Federation). The basis will be the report of the employee who conducted the inspection on the discovery of signs of a crime (Article 143 of the Code of Criminal Procedure of the Russian Federation).

Responsibility for false reporting of an act of terrorism is provided for specifically in relation to Art. 306 of the Criminal Code of the Russian Federation, the norm is Art. 207 of the Criminal Code of the Russian Federation It should be borne in mind that the objective side of the crime under Art. 207 of the Criminal Code of the Russian Federation is such that liability is possible for a knowingly false report only about an impending act of terrorism. In the case of a knowingly false denunciation of an act of terrorism, the actions of the perpetrator should be qualified under Art. 306 of the Criminal Code of the Russian Federation

If the message when denounced is false, i.e. not corresponding to reality, it may refer to the event of a crime, or be associated with accusing a person of a crime that he did not commit, or with accusing him of a more serious crime than what was actually committed, etc. Falsity must cover factual circumstances, and not their legal assessment. Therefore, if the applicant, having correctly described the events of the incident, gives him an incorrect legal qualifications, then there is no element of a deliberately false denunciation. Communicating your assumptions, opinions or guesses to law enforcement agencies, if they are not presented as reliable information, does not constitute a false denunciation. A conscientious error in the assessment of the reported information excludes the possibility of qualifying the latter as a false denunciation.

A knowingly false denunciation is a completed crime from the moment the message (statement) is received by the above-mentioned bodies or their officials. Consequences (for example, initiation of a criminal case, its investigation and judicial review, conviction of an innocent person) are not taken into account when qualifying, but are important for sentencing.

If a false denunciation does not reach the addressee due to circumstances beyond the control of the guilty person (for example, due to loss during shipment, incorrect indication of address, name of organization, etc.), then the act is qualified as an attempted crime. Responsibility for preparation for the crime in question comes in accordance with Part 2 of Art. 30 of the Criminal Code of the Russian Federation only in the presence of particularly qualifying features, i.e. according to Part 3 of Art. 306 of the Criminal Code of the Russian Federation (as a serious crime).

In cases where a knowingly false denunciation is a method of committing another crime, additional qualifications for the totality of crimes are not required. For example, if there was a false denunciation on the part of the owner about the theft of a car in order to obtain insurance, then the act is fully covered by the crime under Art. 159 of the Criminal Code of the Russian Federation

The subjective side of the crime is characterized only by direct intent. This is evidenced by the law's indication that the reported information about the commission of a crime is known to be false. The culprit is aware that he is providing law enforcement or other authorities responsible for responding to this message with absolutely false information about the commission of a crime, and he wants to commit these actions, i.e. mislead the relevant government authorities.
The motives for false denunciation in most cases are personal in nature (revenge, envy, jealousy, hostile relationships, the desire to hide the true criminal, etc.), but sometimes they can be of a different nature, for example, political. Usually this crime is committed with special purpose– initiation of a criminal case and bringing a specific innocent person to criminal liability.

Establishing such a goal, characteristic of this crime, allows you to distinguish a knowingly false denunciation from related crimes, in particular from slander associated with accusing a person of committing a serious or especially serious crime (Part 5 of Article 128.1, Part 3 of Article 298.1 of the Criminal Code of the Russian Federation). Slander, combined with an accusation of committing a crime, differs from a knowingly false denunciation in that with a knowingly false denunciation, the intent of the person is aimed at bringing the victim to criminal liability, and with slander, at humiliating his honor and dignity. In this regard, in case of knowingly false denunciation of information about an allegedly committed victims of crime are communicated to the authorities competent to initiate criminal proceedings in order to encourage them to initiate criminal proceedings. In case of slander, knowingly false information, discrediting the honor and dignity of another person or undermining his reputation, are distributed among others (i.e. any persons) and do not have the purpose of initiating a criminal case.
The subject of a false denunciation can be any sane person who has reached the age of 16 years (general subject). Actions of an official in similar cases if there are grounds, they can be classified as a set of crimes under Art. 285 of the Criminal Code of the Russian Federation – abuse of official powers.
Judicial practice knows cases where the subject of a knowingly false denunciation also recognizes those accused in another case, if a false denunciation is not a way of defending against the accusation.

Knowingly false testimony suspected of committing a crime by another person, committed with the aim of avoiding criminal liability, do not form part of a knowingly false denunciation, since they are a way of defending against accusations.

Witnesses and victims who give false testimony regarding the circumstances of the case must bear criminal liability under Art. 307 of the Criminal Code of the Russian Federation But if during the testimony they make false statement about another crime, then their actions will constitute a deliberately false denunciation.

In Part 2 of Art. 306 of the Criminal Code of the Russian Federation contains a qualifying feature - denunciation, combined with an accusation of a person of committing a serious or especially serious crime. To impute this characteristic, it is necessary that the denunciation contain an indication of specific person who allegedly committed this crime.

In Part 3 of Art. 306 of the Criminal Code of the Russian Federation contains a particularly qualifying feature - denunciation, combined with the artificial creation of evidence of the accusation, falsification, imitation evidentiary facts that actually do not exist (for example, preparing false witnesses, producing false physical or written evidence).

If the subject refers to facts and evidence that actually took place, but gives them an incorrect interpretation, then it is impossible to talk about this qualifying feature.

If the false denunciation was associated with the artificial creation of evidence by provoking a bribe or commercial bribery, then the act must be qualified according to the totality of crimes provided for in Art. Art. 304 and 306 of the Criminal Code of the Russian Federation
It is necessary to distinguish falsification of evidentiary facts in the case of a false denunciation (Part 3 of Article 306 of the Criminal Code of the Russian Federation) from falsification of evidence in a criminal case, perfect person conducting the inquiry, investigator, prosecutor or defense attorney (parts 2 and 3 of Article 303 of the Criminal Code of the Russian Federation). The distinction should be made according to the subject of the crime and its subject.

Video about the station. 306 of the Criminal Code of the Russian Federation

The current legislation, namely the Criminal Code of the Russian Federation, establishes a knowingly false denunciation as an action aimed at contacting the relevant structures with a statement about an unlawful act, if in fact it was not committed. A special feature is the fact that harm is caused both to the citizen who was accused and to the employees who were forced to perform related work and waste resources.

Article 306 of the Criminal Code of the Russian Federation defines sanctions for knowingly false denunciation. The offense is intentional act aimed at discrediting a person, humiliating his honor and dignity, but other goals are not excluded.

Knowingly false reporting of a crime has negative consequences both for the person who was accused and for law enforcement agencies. Employees of the relevant authority, usually the police, are forced to spend administrative and financial resources, while at the same time they could be aimed at real crimes.

The accused himself also experiences negative consequences due to the infliction of moral suffering, as well as damage to honor, business reputation or dignity.

Responsibility for a false denunciation is determined by Article 306 of the Criminal Code of the Russian Federation. The punishment depends on the factors and severity of the offense with which the victim was accused. The sanction may be either a fine or real time conclusions. Sometimes during the proceedings it becomes clear that the law has also been violated, which means the person will be liable under several articles at once.

A knowingly false denunciation has a number of characteristics:

1. Reports a crime. We cannot talk about administrative, tax or other acts that are prohibited by other legal acts.
2. Aimed at certain persons. If the message indicates that the actions were carried out by unknown persons, then this situation cannot be processed by law enforcement agencies.
3. Sent to authorized law enforcement agencies, whose powers include investigation of relevant crimes, initiation of criminal proceedings and sentencing.

If information about the commission of a crime is sent to the media, third parties, and so on, then such an action also becomes illegal, but is classified under a different article (for example, as libel).

The corresponding statement by which a person notifies about a crime could be issued in any accessible form, including orally. The main thing is that the information provided would be sufficient to initiate an investigation and, subsequently, a criminal case, if the act were not classified as a knowingly false denunciation.

How to prosecute for false denunciation

To prosecute a person for knowingly false denunciation, it is necessary to make sure that his crime has elements.

The object of this unlawful act speakers:

1. The interests of law enforcement agencies, since such a message is essentially unreliable and its consideration actually interferes with normal operation relevant authorities, and also contributes to the waste of resources.
2. Interests of citizens. The accused citizen experiences some suffering for a false accusation under the relevant article of the Criminal Code of the Russian Federation, including damage to his honor, dignity and business reputation.

As objective side provision is made for contacting a law enforcement officer with authority. At the same time, the offense was not actually committed, that is, the information about it is implausible.

The subject of the crime is always a citizen (individual), minimum age for prosecution – sixteen years. The person must have legal capacity.

Direct intent is another condition subjective side. In this case, the motive can be completely different, from revenge to financial gain (for example, if accusing a person of a crime promises that a third party will conclude a contract not with him, but with a person who has knowingly committed a false denunciation).

Only if there is a corpus delicti and each of its parts is it theoretically possible to bring to criminal liability for a knowingly false denunciation.

However, in practice, the article is not used so often. In most cases, the law enforcement officer does not consider intent in the act, indicating that the applicant has false information or information.

The article for knowingly making a false denunciation can be applied at the initiative of the relevant authorities. They can also be brought in after a statement from a person who was previously accused. If it turns out to be guilty, then strict disciplinary action will be taken for complicity.

Statement of false denunciation

An application for a false denunciation to the police is filed by a citizen who was originally accused. In order to achieve positive result, that is, the beginning of criminal proceedings under Article 306 of the Criminal Code of the Russian Federation (knowingly false denunciation), the application must meet the following requirements:

1. The application must refer to the decision to refuse to initiate a criminal case, which will confirm the fact that incorrect information was provided to law enforcement agencies.
2. It is advisable to describe the crime in the statement. IN otherwise an employee may refuse due to his absence. Theoretically, the applicant is not obliged to sign it, but this will a big plus and will increase the chance of a positive outcome.
3. The application must be accompanied by a package of documents that confirm the information.

The punishment for false denunciation will depend on a number of circumstances, for example, on the type of crime:

• false denunciation (Article 306, part 1);
• the same action if it concerned a grave or especially grave crime (part 2);
• the same actions, subject to the artificial creation of evidence (part 3).

The application must indicate the article, preferably part of it. However, if a person cannot independently qualify the situation, then a police officer must do this. Only a complete and comprehensive presentation of the facts will be sufficient.

Article 306 of the Criminal Code of the Russian Federation, which contains punishment, is rarely invoked in practice.

The main problem is that direct intent is assumed, which must be justified. If he is absent or if there is doubt about his presence, the initiation of a case will be refused.