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 falsification, distortion, substitution of the true for false, while definition is understood as intent. This term is also reflected in the Criminal Code of the Russian Federation in relation, for example, to the evidence considered in the process of legal 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 in relation to the perpetrators who committed this act.

Different compositions of crime

Article 303 of the Criminal Code of the Russian Federation contains 4 parts. Let's consider each of them in more detail. Moreover, 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 Parts 2 and 3 specifies 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 of the suspect and the accused, the conclusion of the expert and the expert, 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 refers to those counterfeit evidence that led to the conviction to life imprisonment or, conversely, as a result of which the court ruled to release the culprit 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 by 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 verdicts, protocols, other kinds of orders, etc. are used.

Proceeding from Part 2, physical evidence may be objects that were used in the commission of a crime or that retained their marks, as well as those obtained through criminal actions. It can also be other items that determine in one way or another the circumstances of the crime.

Falsification of evidence

This definition refers to the distortion of factual data that act as evidence, as well as their destruction, the creation of false information, the introduction of distorted information in the document.

Falsification in the production of criminal cases is, for example, that material evidence is deliberately destroyed, there is a fact of forgery of the 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 evidence is transferred to the justice system, the crime from that 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, in the role of the offender, the defense counsel of the defendant has acted, the act is completed in case of forging a counterfeit proof to law enforcement and judicial bodies.

Even if the forged evidence did not influence the course of the case in any way or was not 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 of the Russian Federation with comments (the Criminal Code of the Russian Federation).

Subject

Article 303 of the Criminal Code of the Russian Federation specifies the entity - an individual who, at the time of the commission of the wrongful act, turned 16 years old. It is a participant in a civil case 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

The motives and purposes of the committed crime do not influence the qualification (for parts 1, 2 and 3), however 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 PFD, 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

For part 1, the person guilty of committing an act is punishable by a fine, ranging 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.

Penalty under Part 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, the 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 expressed by falsification 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 distortion of the evidence and the results of the SRO in relation to serious and particularly 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.

The subjective side in all types of crimes 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, which are 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 the 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, the identification of persons who were preparing for the act or committed it. In addition, this definition includes the search for persons, seeking information about events or actions that threaten society.

Subject and subject of crime

The subject of the crime - material and written evidence, which were transferred to the appropriate authorities to investigate 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 have a specific 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, the investigator, the defender, the 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 can be both the release of the guilty from punishment, and, conversely, the conviction of a person who has not committed unlawful acts.