Article 303 of the Criminal Code of the Russian Federation: "Falsification of evidence and the results of operational and investigative activities". Comments

The word "falsification" means forgery,distortion, substitution of the true for false, while the definition is understood as intent. This term is reflected in the Criminal Code of the Russian Federation in relation, for example, to the evidence considered in the proceedings. In the legislation of the Russian Federation there is article 303 of the Criminal Code of the Russian Federation "Falsification of evidence". Let us consider in more detail what are the signs of the composition of this crime and the penalties for the perpetrators who committed this act.

Different types of crime

Article 303 of the Criminal Code of the Russian Federation contains 4 parts. Let's consider each of them in more detail. At the same time, Article 303 part 1 of the Criminal Code of the Russian Federation considers the following subject of the crime in the civil case: evidence (material and written). Attackers can fake them in order to distort the result of the investigation.

Article 303 of the Criminal Code of the Russian Federation in Part. 2 and 3 determines that the evidence in a criminal case may be information on the basis of which law-enforcement and judicial authorities establish circumstances relevant to the investigation. As such, it is allowed: the testimony of the victim and witness, as well as the suspect and the accused, the conclusion of the expert and specialist, the things, the records of the judicial and investigative actions, and also other kinds of documents.

In part 3 of Art. 303 of the Criminal Code of the Russian Federation with comments it is a question of those counterfeit evidence that led to the conviction for life imprisonment or, conversely, as a result of which the court ruled to release the guilty from responsibility.

The objective side in Part 4 implies actions that were aimed at deliberately distorting the results of the RAN.

Evidence

They are divided into material and written. Among the first - the items, which for the totality of signs are a means of establishing the circumstances necessary for the investigation. As a written certificate, contracts, acts, certificates, business correspondence, court decisions and sentences, protocols, other kinds of regulations, etc. are used.

Proceeding from Part 2, physical evidenceobjects that were used in the commission of a crime or who have retained traces, as well as those obtained through criminal actions, can act. It can be other items that determine in one way or another the circumstances of the crime.

Falsification of evidence

This definition is understood as distortionfactual data that act as evidence, as well as their destruction, making false information, inserting distorted information into a document.

Falsification in criminal casesis, for example, that material evidence is deliberately destroyed, there is a fact of forging an expert's conclusion, or a record of interrogation, which in fact was not made, and other similar actions are being made.

The moment of the end of the crime

When falsified evidenceare transferred to the justice system, the crime from this moment is considered to be over (in the case of a civil case). In criminal proceedings, the situation is different: when the investigator, the prosecutor or the investigator falsified the evidence, the crime is over. If the defender of the defendant has acted as an offender, the act is completed in case of forging a counterfeit proof to law enforcement and judicial bodies.

Even if the falsified evidencein no way affected the course of the case or was taken into account, the mere fact of its presence and the commission of an unlawful act refers to the crime described in Art. 303 of the Criminal Code with comments (Criminal Code of the Russian Federation).

Subject

Article 303 of the Criminal Code of the Russian Federation. 1 defines the subject - an individual who at the time of the commission of the wrongful act was 16 years old. It is a participant in civil affairs or its representative. In this case, the person must be sane.

In part 2, the subject is the investigator, prosecutor, investigator or advocate. In part 3, the above-mentioned list also includes participants in the civil case or their representatives.

If we consider 4 parts of the article being commented, then the subject is the person who is authorized to conduct operative-search activities.

Features

On the qualification (in h. 1, 2 and 3) are not affected by the motives and purpose of the crime, but they are taken into account by the court when the punishment is imposed on the perpetrator. As for the corpus delicti on the falsification of the results of the RDD, this part clearly spells out the purpose with which it is committed: criminal prosecution of a person who is not involved in it, as well as harming dignity, honor and business reputation.

Penalties

By hours. 1, the person guilty of committing an act is punishable by a fine, the amount of which is from 100 to 300 thousand rubles, or in the amount of income for a period of 1 to 2 years. In addition, the court can force the guilty person to compulsory work (up to 480 hours) or to correctional (up to 2 years). Arrest for a period of up to 4 months can also be applied as punishment.

Punishment on h. 2 is expressed in the restriction of freedom for a period of up to 3 years, forced labor for the same period, while the person is removed for a certain period from office, may also be deprived of liberty for up to 5 years.

Article 303 of the Criminal Code (part 3) provides for punishment in the form of imprisonment for a period of up to 7 years with removal from office.

If the results of the SAR were falsified, thenthe court determines the following measure in relation to the guilty person: a fine of up to 300 thousand rubles or the income of the convicted person, received by him for a year, or deprivation of the right to hold a certain position for a five-year term. Also, a convicted person may be deprived of liberty for a period of up to 4 years.

The objective and subjective side of the crime

In Part 1, the objective side is expressedfalsification of circumstances in the civil case. In parts 2 and 3 - forgery of evidence in criminal cases. The only difference is that in Part 3, the misrepresentation of the evidence and the results of the SRO in relation to grave and especially serious crimes is to be considered. The objective side in this part is expressed in falsification, which led to grave consequences. In this case, we can talk about both criminal and civil cases.

Subjective party in all types of formulationscrimes is guilt in the form of direct intent. This means the following: the guilty person realizes that by his actions he leads to a distortion of evidentiary information, in accordance with which a procedural decision contradicting the norms of legal proceedings can be made.

Article 303 of the Criminal Code of the Russian Federation with comments (Criminal Code of the Russian Federation)

Object - public relations, whichare necessary to achieve the purpose of legal proceedings. Falsification of evidence leads to the fact that procedural decisions are made on the basis of false information. In this case, they will not meet the requirements of validity and legality.

The objective side of the crime is actions that are expressed in forgery, substitution and distortion of information. There is a fact of falsification, in which the false is issued for the genuine for a specific purpose.

Operational-search activity

It is the identification, suppression,prevention and disclosure of crimes, identification of persons who were preparing for the act or committed it. In addition, this definition includes the search for individuals, seeking information about events or actions that pose a threat to society.

Subject and subject of crime

The subject matter of the crime is material and written evidence, which was forwarded to the appropriate authorities for the investigation of the case.

The deed is over at the moment when the false evidence is given for the purpose that it is attached to the case. In the first case, this crime is provided for in Part 1, in the second - Part 2.

Subjects are persons who carry a particularthe function performed by them during the proceedings in a particular case. In accordance with Part 1 - the civil claimant and the defendant, according to part 2 - the prosecutor, investigator, defender, investigator.

If the actions were carried out by other persons who are not included in this list, then in this case it can be said about complicity in the crime, namely in the forgery of evidence.

The purpose of committing such an act may be both the release of the guilty from punishment, and, conversely, the conviction of a person who did not commit unlawful acts.

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