Art. 303 of the Criminal Code. Falsification of evidence and results of operative-search activity

Collection of evidence is a mandatory stageproduction on any case. In the course of it, the principles of legality and validity of the actions of persons participating in production must be observed. The current legislation does not allow falsification of evidence. Art. 303 of the Criminal Code establishes sanctions for violation of this requirement. Next, consider the features of the crime.

The general composition of falsification under art. 303 of the Criminal Code

This norm establishes sanctions for substituting genuine false information. Falsification can be manifested in distortion, falsification of information or their carrier.

In the first part of Art. 303 of the Criminal Code fixed sanctions for falsifying evidence by participants in civil or administrative matters. These parties include parties to the proceedings, representatives of the parties, employees authorized to handle cases involving administrative offenses.

In the first part of Art. 303 of the Criminal Code of the Russian Federation, the verdict may contain one of the following penalties:

• The penalty is not less than 100 rubles. (no more than 300 thousand rubles.) or the incomes of the guilty person for 1-2 years.
• Up to 480 hours of compulsory or up to 2 years of correctional labor.
• Up to 4 months of arrest.

Criminal proceedings

In the second part of Art. 303 of the Criminal Code of the Russian Federation,

• defender;
• investigator;
• the prosecutor;
• inquirer.

For falsifying evidence to these persons may threaten:

• Up to 3 years of forced labor. In addition to the sanction, the right to conduct activities may be limited, to be on the posts established by the judge.
• Up to five years in prison with the additional punishment specified above.

If evidence has been forgedthe case of a grave or especially serious crime, or falsification caused grave consequences, the guilty persons are sentenced to seven years in prison with a prohibition on the replacement of posts, the performance of activities determined by the court, up to three years.

Additionally

In part four of Art. 303 of the Criminal Code of the Russian Federation fixed the punishment for persons authorized to conduct operational search operations. When they falsify the results of activities for the purpose of prosecuting a person who is knowingly innocent, or to damage the reputation, dignity and honor of a person, it is:

• The fine is up to 300 thousand rubles. or equal to the income for 1 year.
• Up to 4 years in prison.
• Prohibition of the replacement of certain posts or the performance of certain activities up to five years.

Art. 303 of the Criminal Code of the Russian Federation with comments

The object of encroachment is publicrelations associated with ensuring the objectives of the proceedings. Falsification of materials leads to the adoption of decisions based on distorted, false information. Such decisions do not meet the requirements of validity and legality.

When analyzing comments to art. 303 of the Criminal Code of the Russian Federation it is worth noting that experts draw attention to the fact that the key to falsification is the fact of substitution. Consequently, the receipt of evidence with non-compliance with the provisions of the procedural law itself does not constitute a crime under the rule in question.

Subject of the act

They can be:

• Documents, including powers of attorney, receipts, certificates of inspections, etc.
• Protocols drawn up by judicial or investigative actions.
• Evidence. For example, some objects are thrown at the crime scene in order to substitute objects related to the crime with them.

The admission in the protocol is recognized as falsificationfalse information and the investigated fact (for example, about the allegedly discovered thing during a search), and about the circumstances of the performance of the event (the time of committing, the persons participating in it, etc.).

The crime enshrined in Art. 303 of the Criminal Code of the Russian Federation, is considered completed at the time of the presentation of the forged evidence to be brought to trial. Recognition of it as unacceptable in the future does not affect the qualification of the deed as completed.

Nuances

The qualification of the act is carried out depending onproduction, within which it was committed. The first part refers to the falsification of evidence in civil, and in part 2 - on the criminal process.

According to the meaning of 118 of the Constitution, civillegal proceedings can be conducted both on the basis of the CCP and the AIC. Consequently, the responsibility, enshrined in the first part of the article under consideration, extends to the participants in the arbitration process. These conclusions are confirmed by the judicial practice under Art. 303 of the Criminal Code.

Subjective aspect

Persons brought to justice byanalyzed norm, have special features. These criteria are determined depending on the functions that the entities implement within the framework of a particular production. In the first part, the civil plaintiff and defendant, as well as their representatives, can be held accountable.

According to the CCP, a preliminary investigationis carried out by the investigator and the investigator (Article 151 "Investigation"). According to Art. 303 of the Criminal Code of the Russian Federation, employees who falsify evidence in a case in their proceedings are brought to justice. The commission of unlawful actions by a person not related to those listed in paragraph 2, if there are grounds, can be recognized as complicity.

Feature of sanctions

In h. 2 provides for mandatory punishment in the form of deprivation of the right to carry out activities / substitution of posts established by the court. The wording of the rule indicates that this punishment can only be imputed to the investigator, the investigator, the prosecutor and the defense lawyer. Another person acting in the process as a defense counsel, including a close relative of the accused, does not bear responsibility for the analyzed standard.

Wines

The subjective aspect is characterized by directintent. The perpetrator understands that by his actions he changes the properties of information used in the process of investigation or direct trial, and he wishes it.

The purpose of the act may be different. For example, falsification may be aimed at bringing the innocent to justice or shielding the guilty person from punishment, obtaining material benefit from the interested entity. Motive may be self-interest, the desire to advance in the service, a misunderstanding of the interests of law enforcement, imaginary justice.

Aggravating circumstances

They are fixed in part three of the analyzed article. Under the literal interpretation of the provisions, the purpose of falsification does not matter.

Among the grave consequences resulting from thefalsification of evidence, for example, illegal conviction, prolonged detention, or an unjustified acquittal of a person guilty of an act.

Operational-search work

Its concept, list of persons authorized to implement it, are contained in Federal Law No. 144.

Operational-search work is carried out for:

• Detection, suppression, prevention, disclosure of acts, detection and identification of citizens preparing, committing or committing crimes.
• Search of citizens who are hiding from inquiry, court, investigation, evading punishment, as well as persons missing.
• Obtaining information about actions / inactions, events that threaten the economic, military, biological, state security of the Russian Federation.

The results of the operative-search actions can be information about the fulfillment or non-fulfillment of a specific action, information about the participants, the procedure, and the timing of the conduct.

Features of the subject composition

As persons performing activitiesoperative-search character, employees of ATS units, FSB, FCS, federal executive power structure performing functions in the sphere of state protection, Federal Penitentiary Service, control of turnover of psychotropic and narcotic drugs and foreign intelligence of the Ministry of Defense. Only these entities can be punished under Part 4 303 of the Criminal Code. Other participants of the events, secret employees including, can not be subjects of crime. If there are grounds, their actions may be qualified as complicity or complicity.

It is impossible to prosecute private detectives and guards on the basis of the analyzed norm.

additional information

The motive for falsifying the results of operational-search activities for the qualification of a criminal act is not of decisive importance.

In contrast to the substitution (distortion) of evidence,Aggravating circumstances in part 4 303 of the article are not allocated. Accordingly, if the use of falsified results entailed grave consequences for the victim, the actions of the perpetrator fall within the fourth part of the norm in the absence of any other offense.