Knowingly false denunciation Article 306. In what cases is a false denunciation made?


Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

3 comments

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

1. Knowingly false denunciation of a crime - shall be punishable by a fine in the amount of up to 120 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by compulsory works for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to two years, or by arrest for a term of up to six months, or by deprivation of liberty 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, - works for up to three years, or imprisonment for the same term. 3. The acts provided for by paragraphs 1 or 2 of this article, connected with the artificial creation of evidence of the accusation, - shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to six years.

Legal advice under Art. 306 of the Criminal Code of the Russian Federation

Ask a Question:


    Anastasia Kalinina

    I slandered the man in the theft. During the investigation, she confessed and wrote a statement about the Sadeyan. What will happen to me if I am on maternity leave?

    Stepan Panchin

    Good afternoon I wrote in my personal blog about a case at work that the girl Yulia stole the goods and now she is working again in the same company, but in a different place. I did not indicate the names, just Yulia and that's it. Today I receive from her screenshots of my post on the Internet and a demand to publicly apologize, or sue me for false denunciation and slander. What are her chances, given that there were no names, and the photo with her photograph was smeared.)) Yes, and I can prove almost all the facts of theft (she later compensated). But if you don’t prove it, I don’t want to borrow these?? just fired her and that's it..

    • Question answered by phone

    Zinaida Ershova

    Hello, they want to open a criminal case under article 306.ch1, The situation is this: I was drinking with a neighbor in the yard, I was very drunk, I woke up in the morning and my arm was broken, I wrote a statement to him immediately that day, then I remembered that I stumbled and fell he himself broke his arm, is it possible to do without a criminal case, we don’t judge before

    • Question answered by phone

    Oleg Pisar

    Good morning! Tell me the situation, I worked in the store, it was good for us, then audits began out of nowhere and the owner didn’t let the shortage work out so that he took it in the office with a threat to write a receipt and now the time has passed to sue. What can I do in this situation, how to protect myself, although all their documents are not correct if you dig.

    • Question answered by phone

    Lydia Novikova

    Attraction under Art. 306 of the Criminal Code (knowingly false denunciation). Good afternoon. The situation is as follows: I gave a friend (there is a receipt, there is a court decision, enforcement proceedings) a loan of 50,000 rubles. But he (say, Petrov Ivan Ivanovich) is in no hurry to return the money. Pays 1000 rubles once a month ... Once / twice a month I send written demands, notifications where I demand to pay the debt, according to the obligations assumed. All letters are addressed to the debtor and sent to his place of registration, where his mother Petrova Tatyana Petrovna lives. The debtor himself lives in another place whose address I do not know. I also make calls to his home phone. There, his mother Tatyana Petrovna picks up the phone, where I ask him to provide his address and provide up-to-date contact information, etc. In general, all actions aimed at claiming a debt are performed only in relation to the debtor himself. It's not my fault that Tatyana Petrovna, the debtor's mother, reads these letters. So, she wrote a statement to the Ministry of Internal Affairs, attached my letters, which are addressed only to the debtor! In the application, she indicated that I was extorting money from her. After a conversation with the district police officer, of course, it was established that there was no extortion and cannot be. However, my reputation suffered... I want to apply and attract her under Art. 306 of the Criminal Code of the Russian Federation. Question: 1. What are the chances of initiating a criminal case against her under Art. 306? 2. What articles or jurisprudence can be appealed when writing an application 3. Since 306 of the Criminal Code is qualified in different ways, which part of the article should be indicated?

    • Lawyer's response:

      Pays and thank God. To lend is your personal business (they might not have given). Attract under Art. 306 of the Criminal Code of the Russian Federation will not work like this because there is no corpus delicti. And the second mother has the right not to testify against her son: not to answer questions, not to tell his place of residence, his place of work, etc. So there is no falsity in any way

    Larisa Kiseleva

    CAN ARTICLE 306 OF THE RUSSIAN FEDERATION CC BE INCLUDED IF FAILURE IS NOT PROVEN UNDER ARTICLE 119 OF THE CC RF. I wrote on my drunken head out of anger that he beat me and wanted to kill me. The next day I went to the district police officer and wrote a statement that it was all a lie of beatings, there was nothing, what would happen to me for this?

    • Liability under Art. 306 of the Criminal Code of the Russian Federation comes for a KNOWN false denunciation of a crime. Failure to prove guilt in the commission of a crime cannot be a basis for bringing to criminal responsibility under this article.

    Olga Smirnova

    Shines st. 306 of the Criminal Code of the Russian Federation without verification. I do not judge, I was not involved, I am not registered. What are the prospects?

    • how is it without verification? the audit was carried out anyway, it seems to you that without an audit, the composition provided for by Art. 306 of the Criminal Code of the Russian Federation. As a rule, bringing to criminal responsibility for ...

    Valery Gridunov

    In this situation, it is appropriate to apply Art. 306. Criminal Code Knowingly false denunciation. I was sued (civil proceedings) demanding compensation for moral and material damage. (Nonsense complete, to explain for a long time). Plaintiff repeatedly refers to unfounded claims. Including "Until now, the defendant is terrorizing me and my family" Is it appropriate for me to turn this situation around? "Do you know that each side must prove the circumstances to which it refers? In the statement of claim you write that "the defendant terrorizes me and my family." Do you refuse this statement? (I ask the secretary to put this on the record.) Do you know the definition of the word terrorize? I will explain, intimidate, intimidate with terror, violence. That is, you publicly accuse the defendant of terror? Terror (Efremova's Dictionary) Threat of physical violence for political or some other motives. 2. Intimidation with the threat of reprisal or murder. FALSE REPORT Article 306 of the Criminal Code of the Russian Federation Knowingly false denunciation of the commission of a crime………… etc. Such a statement in court would be appropriate on my part?

    • No. This is a civil hearing. Now, if he turned to the police or the prosecutor's office with such an accusation, then one could talk about a deliberately false denunciation. But! He can be subjectively mistaken and then the responsibility is excluded.

    Valery Mytsykov

    Often the prosecutor's office blames the applicant, not counting Art. 306 of the Criminal Code of the Russian Federation?

    • In terms of? apart from that means there was nothing, the prosecutor's office is not an investigating authority and it cannot accuse. what is the question..

    Ekaterina Krylova

    Check out Part 1 of Art. 306 of the Criminal Code of the Russian Federation and determine the type of disposition.

    • The subjective side is characterized only by direct intent, this is evidenced by the sign of knowingness. A person can be prosecuted for false denunciation only if he knows for sure about the innocence of that ...

    Yaroslav Kadnikov

    Was slandered in a criminally punishable act. Where should one apply for bringing slanderers to the MA under Article 306 of the Criminal Code? Received a copy of the statement from the World Court that I am subject to criminal liability under Art. 115 of the Criminal Code of the Russian Federation But there is a video recording of the incident where I first filmed the conflict and then defended the victim from hooligans. Both received a poke in the forehead with the palm of their hand. In their writings, the slanderers claim that I first strangled them both, and then kicked them. But there is nothing on the video. However, the judge won't accept the video evidence as my excuse. They say the attackers were not warned that they were being filmed. Tell me what can be done.

    • Lawyer's response:
  • Maria Ershova

    Whose jurisdiction is Article 306 of the Criminal Code of the Russian Federation

    • The body to whose jurisdiction the crime belongs, in connection with which the corresponding criminal case is initiated

  • Inna Solovaeva

    I rented an apartment from a scammer, the contract was not drawn up. What should I do?

    • Lawyer's response:

      you need to look for an apartment .... you can write a statement about the "swindler", but do not forget about the false denunciation of Art. 306. Criminal Code of the Russian Federation ... Article 306. Knowingly false denunciation [Criminal Code of the Russian Federation] [Chapter 31] [Article 306] 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 by forced labor for a term of up to two years, or by arrest for a term of up to six months, or by deprivation of liberty 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, - works for up to three years, or imprisonment for the same term. 3. The acts provided for by paragraphs 1 or 2 of this article, connected with the artificial creation of evidence of the accusation, - shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to six years.

    Roman Podoprygorov

    For a knowingly false denunciation (Article 306 of the Criminal Code of the Russian Federation), the guilty person pays a fine to whom - to the one who was denounced or to the income of the Russian Federation ?. The question is addressed only to specialists. And the second question. If someone accused of slander, but could not prove the fact of slander in court (because the disseminated information turned out to be true), then in relation to such a "vain accuser" the article on a knowingly false denunciation is applied automatically or by someone else. initiative? If on someone's initiative - then on whose specific?

    • The fine is levied in favor of the state. The case of a deliberately false denunciation is initiated by the body to which such a denunciation was received.

    Yana Kozlova

    Does anyone have practice under Articles 306, 307 of the Criminal Code of the Russian Federation? A statement was written against a person to bring him to criminal responsibility under Part 1 of Article 134 with the involvement of a witness. The initiation of the case was denied immediately for lack of evidence, at the stage of inquiry. But there was so much shame and nerves !!! :-) Is it possible to bring on 306, 307 the applicant (parent) and false witness?

    • Lawyer's response:

      You can apply to the same investigative body with a statement on bringing to criminal responsibility for knowingly false denunciation. Based on this application, a decision must be made a) on the refusal to initiate a criminal case b) on the initiation of a criminal case c) on the direction of jurisdiction.

    Kristina Petrova

    7 days ago I was beaten, concussion of the head / brain and damage to property. Wrote a statement. Those bandits came to me today. and asked to withdraw the application, they offered money, but 2 times less than the cost of the property that was damaged to me. What to do? agree or put pressure on them to pay the full amount? And another question: if I agree to take the application and take the money, then how am I in the police, or rather, who needs to write a statement that we tried on and reimbursed me for the damage? I just don't even know who's doing my business

    • Lawyer's response:

      If you withdraw the application, you may be held liable under Art. 306 of the Criminal Code of the Russian Federation providing for liability for knowingly false denunciation, if you are ready to go for it, then take it. The way out for your opponents is Art. 76 of the Criminal Code of the Russian Federation (reconciliation with the victim), but in this case, the amount of payments should be commensurate with the alleged damage, the cost of treatment. If you want, you can raise the issue of moral damage with them.

    Petr Grinev

    A child on a slide was knocked down by another child. The result was 5 stitches on the dissected eyelid. Can I sue?

    • Can I sue? - No, it is impossible neither for the child nor for the parents. But you can: Article 306 of the Criminal Code of the Russian Federation

    Nikita Kokorev

    I got into a funny situation. Can you tell me the way out??? Threats of reprisal and insults began to arrive on my mobile phone, e-mail. After filing a complaint with the police, a written response came from the district prosecutor, in which he cites an excerpt from the article that an INSULTATION can only be if this action is committed in the presence of witnesses, or through the media ... Since this circumstance is not observed, in agitation criminal case denied. But, apparently, in order to somehow compensate for this disappointment for me, he further informs about the initiation of a criminal case ... but already against me, for slander! True, further it is magnanimously reported that this case has also been terminated ... Tell me, if MY criminal case had not been closed, the one I "slandered" would have been found ?? ? What do you think about this incident?

    • Lawyer's response:

      insults, threats received on your phone, etc. can be classified as threats if you really feared for your life when you received these texts, while you had to take all printouts, etc., and contact the authorities , but oddly enough, no one will bother about this and, of course, they will issue a decision to refuse to initiate a criminal case due to the lack of corpus delicti. But in relation to you they will lead you for a deliberately false denunciation under Art. 306 of the Criminal Code of the Russian Federation, but at the same time they will refuse, also due to the absence of corpus delicti, such as writing a statement without knowing many facts, etc. If you want to go to the end and if you receive the same messages, write, write and write, and also throw complaints for the inaction of these employees, it will be a long rigmarole, but believe me, one out of ten, brings it to the end, just for the sake of principle, the rest give up and spit on the inaction of our justice.

    Vasily Novruzov

    I sold the car by power of attorney, now I pay taxes, help!. I sold the car by power of attorney five years ago, I didn’t register with the traffic police (then it wasn’t necessary), now I have to pay taxes, the car was resold in the same way and I can’t find it. How to get rid of the annual car tax? In the traffic police and the tax they say look for the current owner, I can’t find it (((for how many years ... help !!!

    • Lawyer's response:

      the power of attorney has a maximum validity period of 3 years, so whoever has the car now owns it illegally, I now see 2 options for you: either dispose of the car or deregister it due to the loss of the car and documents, both ways you can turn this thing around, having only a general civil passport of the owner of the car in your hands, a year ago you turned to the MREO with a similar problem, the Gaets explained everything to me there according to the first option, it will no longer be possible to allow the car to be used for theft . 306 UK

    Vyacheslav Mokshin

    Help advice. Attempted rape.. My sister has problems. Her good friend tried to rape her. He was intoxicated, tore all her clothes on her. she miraculously managed to escape, sexual intercourse did not occur. Three days have passed since then. She just told. What to do? My opinion is that it is worth writing a statement. It's just whether we get it or not. But I don't think things like this should go unpunished. P.S. She is of age.

    • Lawyer's response:

      Write a statement. She will not have to prove anything, she will be under Article 306 of the Criminal Code of the Russian Federation on giving a knowingly false statement about a crime. If someone refuses to accept the application or consider it, immediately prepare an application for inaction to the prosecutor supervising the observance of the rule of law in the internal affairs bodies or inform the person who tries to take out the refusal material in initiating a criminal case. The result will be immediately visible. They will open the case and bring it to a stop. Good luck to you!

    Anna Andreeva

    help is needed. my girlfriend is threatened by one body, he is afraid to meet me, he also does not go to talk, he immediately becomes inadequate. what should I do???? I don't even know how to find this bastard!! ! and for your girl the soul is not in place

    • Lawyer's response:

      If you are not an employee of the police investigation department (obviously not), then you do not have a formal right (moral consideration is inappropriate here) to do anything other than persuading your chosen one to go to the police with a statement about threats. Having found and, in your own way, punishing the asshole, you have enough chances to turn him into a victim, and yourself into a criminal, while the lynching that you inflict will almost certainly not be mitigated by the facts of threats against your girlfriend, even if such threats emanating from the victim can be proved. If you think that there is a danger that your girlfriend underestimates, you have the right to file a statement in her defense with the police yourself, however, if you do not have proper evidence of the fact of threats and if your girlfriend (and this happens quite often) begins to deny those the facts that you report in the application, there will be a possibility of bringing you to the U / O under Art. 306 of the Criminal Code of the Russian Federation for knowingly false reporting of a crime. Also, charges of defamation and a civil suit in defense of honor and dignity from the side actually, but not formally guilty of making threats are not ruled out ...

      Art. 19.16 Administrative Code of the Russian Federation (loss/damage...

    Victor Tonchikov

    I sold the car by proxy. Fines began to arrive. I can’t find a new owner. What to do. afa.

    • Come to the traffic police and write a statement that the car was disposed of on your own, the location of the documents is unknown, ask to be deregistered - a 100% option without consequences for you. But you don’t need to file for theft, then the consequences will be ...

    Egor Karabeynikov

    Return of goods purchased on Avito .. On Avito, she advertised the sale of a mink coat. (17,000 rubles) A ​​woman called me and we agreed to meet. After her call, more people called me and we agreed that if they didn’t buy a fur coat, I would call the next customer and she would drive up. We agreed with the first customer first at 17-00, then phoned and rescheduled for 17-30. The second I promised to call at 18-00. At 18-00 the first customer came. For 30-40 minutes she measured the fur coat, looked. We discussed the weight of the cat's flaws for a long time. the coat has. I did not hide anything, I showed all the defects (because the fur coat is not new, hence the price). She asked for a discount. I said that for 15,000 I'll give it. To which she was surprised and said that the ad costs 14,000. We opened the ad there was 17,000. To which she said that she was counting on something else. And for 13,000 I'm ready to take it. I agreed. This is what I am for. The purchase by a person was not made with a "kandachka". She watched, enough time to look, to think. The next day he calls and says I want to return the fur coat. She is big for me. I told her that yesterday you measured everything, everyone looked, I didn’t snatch the money out of your hands. I don't need a coat. That's why I sold it. Threats poured in. Including threatening the police. I ask knowledgeable people for advice on how to be and what to do? I myself buy on Avito and often sell there. First time I've encountered this.

    • Lawyer's response:

      Extract from the Federal Law "On Protection of Consumer Rights" health, property of consumers and the environment, obtaining information about goods (works, services) and their manufacturers (executors, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights. seller - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur who sells goods to consumers under a sale and purchase agreement; Thus, this law does not apply to such transactions. And the fact that she threatens, you can safely send her through the forest. If threatened by the police, warn her about art. 306 of the Criminal Code of the Russian Federation (knowingly false denunciation). If she is not happy with something, let her claims be addressed to you in writing with a return receipt.

    Andrey Dybaylo

    Help solve one question!. Good afternoon ! Tell me please, about three months ago I quit the company, and upon dismissal, the senior employee of the outlet counted all the goods, everything came together for the rest, and I calmly quit. Three months later, a phone worth 30 tons disappeared at their point of sale. R. Which was on the return, and the security service wrote a statement on the fact of fraud on me, just because I accepted this return! Although I have nothing to do with it, what should I do in such a situation? After my dismissal, an inventory of all goods was carried out and there was no shortage, and after a while it appeared and blamed me. . .What to do? Thank you in advance.

Deliberately false denunciation

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

1. Knowingly false denunciation of the commission of a crime represents a public danger due to the fact that because of this, innocent persons may be prosecuted. In addition, a preliminary check, and even more so a possible investigation of a criminal case initiated in connection with a deliberately false denunciation, diverts the attention, effort and time of the bodies of inquiry and investigation to useless work, in connection with which the fight against actually committed crimes is weakened.

2. The direct object of the crime is the normal activity of the bodies of the prosecutor's office, preliminary investigation and inquiry in the implementation of criminal prosecution, as well as the activity of the court in the administration of justice. An additional direct object of the crime is the honor, dignity, rights and legitimate interests of the individual.

3. The objective side of the corpus delicti consists in actions. This is a deliberately false report about the commission of a crime, which should be understood as a deliberately false report about the commission of a crime, made in any form: both anonymously and in one's own name. The report can be made to law enforcement agencies, as well as to state agencies or local self-government bodies that are obliged to transfer the message about the crime received to them to the bodies engaged in the disclosure and investigation of crimes.
This corpus delicti will take place if information is provided only about a crime committed or being prepared. If information is transmitted about an immoral act or offense, then such a denunciation will not be criminal.
A deliberately false report may contain any information that law enforcement agencies will consider as a reason for initiating a criminal case: about a crime event, evidence of a crime, a crime committed by a specific subject, etc. The corpus delicti is formal. The crime is over from the moment the denunciation is received by the relevant law enforcement agency, endowed with the right to initiate a criminal case.
If the perpetrator, who made a knowingly false denunciation, subsequently, as a witness or a victim, gives knowingly false testimony within the framework of the investigation of the criminal case initiated on this denunciation, confirming the facts stated by him in the denunciation, then his actions do not form a set of crimes with knowingly false testimony (Art. 307 of the Criminal Code), since they are a logical continuation of a deliberately false denunciation made earlier. These actions are covered by the offense provided for in Art. 306 of the Criminal Code.

4. The subject of the crime is a sane individual who has reached the age of 16.

5. The subjective side of the corpus delicti is characterized by guilt in the form of direct intent. The perpetrator is aware that he is reporting false information about the crime committed to law enforcement agencies and wishes to provide such information. The purpose as a sign of a crime is not indicated in the article on a knowingly false denunciation. However, it follows from the meaning of the article under consideration that the purpose of a deliberately false denunciation is to bring to criminal liability. The motives of a deliberately false denunciation can be revenge, careerism, selfish motives, etc. They, like the goal, are not provided for in the law.

6. The corpus delicti under consideration should be distinguished from slander by the addressee to whom the information about the commission of the crime is transmitted, as well as by the goals. When denouncing, the perpetrator intends to mislead law enforcement agencies about the guilt of an innocent person, with the aim of subsequently bringing the person to criminal liability; when the purpose of the perpetrator is to discredit the honor, dignity and reputation of the victim, but not to bring him to criminal liability.

7. Part 2 of Art. 306 of the Criminal Code provides for increased liability for knowingly false denunciation, combined with accusing a person of committing a grave or especially grave crime (see Art.

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