Art. 306 of the Criminal Code: what threatens a false denunciation?
In life, people often commit such acts,which in time they themselves cause irreparable harm. The desire to mislead someone can cost the intriguer a solid amount. Details of this issue are discussed in art. 306 of the Criminal Code.
Law enforcement agencies must considerany information that comes from citizens regarding the committed crime. But sometimes it happens that the information received from such "volunteers" is not entirely truthful. A situation arises that falls under Art. 306 of the Criminal Code.
For example, a person informs the police thata person known to him is guilty of committing a particular crime. And he does it on his own initiative. If, after carrying out the investigation, it turns out that the information provided does not correspond to reality, then the citizen has misled the law enforcement. For this he can be held accountable under Art. 306 of the Criminal Code. At that time, he could be guided by two reasons:
- Desire to evade suspicion.
- An attempt to discredit the honest name of an absolutely innocent person.
The law calls for suppressing such actions, since they lead to undesirable consequences:
- Law enforcement officers are wasting time.
- The true culprit remains unpunished.
Art. 306 of the Criminal Code is aimed at punishing those who prevent the system from administering justice. Only those responsible must be held accountable.
As should be understood art. 306 of the Criminal Code? Comments to it help to better understand the essence of the problem. First, it is worth noting that only those who have reached the age of sixteen can be held accountable. Secondly, the applicant can apply not only to the police. Information that has been received by the security authorities, the prosecutor's office, the court or the city authorities is also considered. Thirdly, denunciation becomes a crime already at the moment when the citizen informed the information known to him. And he can do this both in writing and orally. Under the terms of this article, the way information is delivered does not matter.
Finally, this article can not be applied to thesuspected of this crime. Information can only be taken into account if it concerns another violation, and is not a means of self-defense, followed by possible avoidance of liability. If false information is provided by the victim, witness or expert investigating the evidence, he can be held accountable under Article 307 of the Criminal Code of the Russian Federation.
What punishment awaits the perpetrator under art. 306 of the Criminal Code? A deliberately false denunciation is, in fact, a crime committed against justice itself. It is an interference in the activities of bodies that must find the true culprits and restore justice. For such actions, a certain penalty is provided.
A citizen who has committed such acts will himself appear before the law and will be obliged to answer for his deed (at the discretion of the court):
- pay a fine to the state, the amount of which is from 120 000 rubles to the amount of all kinds of its income for a period of up to a year;
- to perform compulsory work for 480 hours;
- be directed to forced or correctional labor, and also deprived of liberty for a term of up to two years;
- be under arrest, but not more than 6 months.
If a person is unfairly accused of a serious crime, then the punishment for this will be more severe:
- a fine in the amount of 100 000-300 000 rubles. or all types of income for two years;
- forced labor or full deprivation of liberty up to three years.
In the case when the evidence was fabricated against the innocent, the perpetrator is punished:
- forced labor up to five years;
- conclusion of up to six years.
For acts of this kind this is not a very harsh and quite fair punishment.