Concealment of the crime: responsibility under the Criminal Code of the Russian Federation

Very often the investigative authorities face a problem when the crime is not solved in the hot pursuit due to the concealment of the crime. In this case, sooner or later the criminal will be behind bars anyway, but he will have plenty of time to commit another offense. Investigative bodies in practice face a huge number of sophisticated methods that help the offender to avoid punishment for the time being. But we must always remember that in the Criminal Code there is a separate article on this matter, which entails another punishment.

Naturally, the court will consider all the facts of concealing the crime, so it will be taken into account what kind of crime was perfectly. If the crime is of an easy nature, for example, it can be a forgery of the signature on the documents, the offender will be able to get off with a simple fine, in more complex situations, may face imprisonment for up to two years. Let's try in detail with all this to understand.

What is the essence of the article?

Hiding a criminal offense indicates a whole list of measures that can be applied to the person who committed the offense. Concealment of a crime can be planned, for example, when it was discussed in advance even before the commission of such a crime. Also, concealment can be unplanned. It is necessary to take into account the fact that the law does not apply to close relatives. When such a notion as a particularly serious crime is used, the offender may be deprived of liberty for not less than ten years.

It would be wrong to consider that concealing a crime takes place only if the criminal himself is helped to hide the objects with which the crime was committed. The giving of incorrect testimonies in court can also be considered a cover-up. It should also be noted that the concealment of crimes that are of a small or medium severity can be recognized not to be illegal, which means that a person will not bear any criminal or administrative responsibility. In general, especially serious crimes can be punished, which is why there is a tendency to increase crime at the business level.

Who can be the subject of a crime

Responsibility for concealing a crime comes from 16 years. But the law has an amendment, which clearly states that people who are relatives of a criminal do not bear punishment for concealment. The fact is that this contradicts all norms and rights, because not everyone can give out his loved one and loved one, even if he is a criminal. But we also need to remember that there is such a thing as a civic duty. Relatives who can not be held responsible for concealment include:

1. Parents of the criminal.
2. His own children and grandchildren.
3. Elderly relatives, for example, grandparents.
4. Legal spouses. It is important that the spouse is registered in the registry office, because the female partner will answer before the law in full.

What exactly is hiding?

Concealing a crime is a special act designed to hide the criminal, grant him asylum, also help make fake documents, change his appearance. What kind of punishment will be borne by the party that committed these illegal actions - will be decided solely by the court. As a rule, it can be a fine that amounts to two hundred thousand rubles, or the guilty can be arrested for up to two years. The type of punishment is determined only when the fact of involvement in this crime is confirmed, and also depending on which crime was hidden from the investigators.

When is the crime considered perfect?

Concealment of a crime can be considered perfect in different cases in different ways. The fact is that if you have to hide something that was acquired illegally, for example, weapons, or if its storage is revealed, then the fact of concealing the crime is fact from the very moment when the second person became aware of it. The law takes into account only those actions that were committed, even if they were to some extent not completed. For example, even if the offender did not fully achieve the goal of his crime, he will still be punished.

The main intent behind the concealment of the crime: how is this taken into account in court

The court can take into account such moments when the concealer deliberately committed a crime. Let's say the investigation proves that the person knew perfectly well that he hides the murder, which was completely inadvertently. If in fact it was committed intentionally, the accused may not be held criminally responsible: in fact, his intent was not to conceal the real murder.

What are the objectives of the concealer

The purpose of concealing a crime can be different. Naturally, the first priority is the desire to hide from the law illegal acts. Investigators can also regard such steps as obstruction of the investigation and the administration of justice. Often, as motives, criminals have their own selfish motivations. For example, people can be moved by love feelings, sometimes the motive may be intimidation of a person by a criminal. Of course, the motives are not a crime, but it should be noted that they are taken into account when the punishment is imposed.

Concealment of crime by intellectual and physical actions

The concealment of traces of a crime can be committed both physically and with the help of intellectual actions. Most often an example for covering such concealment is self-talk or giving false testimony in favor of the accused, in order to remove suspicions from the real criminal. In this case, justice can go on a false trail, and the criminal himself at this time may disappear. Also, as an intellectual activity can act and advice on how best to hide, how to properly hide weapons or get rid of the body of the murdered. Concealment is also concealment of traces of a crime, for example, when a pedestrian hit was hit and the car was injured. To prevent the investigation from reaching the offender, the car was repaired by a second person or the car was set on fire.

What is not considered a concealment of a crime

It should be noted that concealment, which is punishable by law, is considered a concealment of the facts of the crime, which really complicates the investigation. But one can not consider as a secretion a minor help to a criminal who did not pursue any goals to mislead the investigation. For example, a person can know about a committed crime, but do not report this to the appropriate authorities. But in some cases, however, it is still possible to apply special to the Criminal Code on non-delivery to such persons.

Difficulties in the investigation, which may be caused by the harboring of the offender

Considering in detail this concept - the concealment of a crime (Article of the Criminal Code of the Russian Federation No. 316), one should pay attention to the fact that the article has many nuances. It is important to remember about the differentiation of types of concealment. For example, the wanted item is trying to hide, because it is extracted by criminal means. The decision of the investigation regarding the concealer will depend on how exactly this item was purchased. In this case, this fact can be considered as a direct intent, because the concealer is aware of the nature of the crime, and on the other hand, the crime can be undisclosed. In any case, the court will take into account the goals pursued by the concealer.

What measures are recommended to take in order to reduce the fact of concealing crimes

It should be noted that every year the number of concealers of crimes is growing. Despite this, the rate of crime detection is increasing, many cases when both crimes were uncovered, and the concealers were punished. True, there is little consolation in this. Many experts believe that tough measures should be applied, when even the slightest concealment of a crime occurs, the Criminal Code of the Russian Federation in this direction is underdeveloped. Serious work is in this plan. To date, more often than not, there have been cases when a crime is concealed, in which all the persons who committed it are known. The motive in this case is just one - to get your own profit.

To avoid such a development of events in society, it is necessary to differentiate responsibility even for concealment, which was not promised beforehand. Considering the whole gravity of the crime that can be committed, the court must issue punishments with consideration of all the smallest details and consideration of the harm that has been inflicted on society. Particularly rigid should be the judiciary, which can also actively participate in concealment, thus pursuing their own selfish goals.

As you can see, the article on concealing a crime has its own shortcomings, which in the future must necessarily be removed. In order for the conflict to be resolved with the help of precise actions, it is necessary to have exact criteria for bringing to justice those persons who have at least the slightest relation to the crime. Concealment of crimes can be treated in completely different ways, which makes it possible for the court not always to make an objective assessment of the deeds. The result of such actions can be different. Sometimes people who are not guilty are behind bars, but real criminals continue to break the law while being at large. But all this can be easily avoided by making small amendments to the law. The punishment for concealing a crime must necessarily concern officials and authorities.