Treason to the Motherland, otherwise called treason, is a particularly serious crime, deliberately directed against the interests of the monarch or country. It is committed by a subject of the state, to which the offender is serving. The main features of this criminal act will be described in detail in our material.
Treason to the Motherland: the history of the concept
What is treason to the motherland? In popular culture, this concept is quite common. On the basis of literary, cinematic and other works, the impression may be formed that this is switching to the side of the enemy that the state is at war with, espionage in favor of another country, providing state secrets, conducting separate negotiations against the will of their country and much more.
The concept itself originated in medieval France. Lèse majesté - this is how the insult of the person of the sovereign was designated. A similar term was found in Roman law, but it meant an insult to majesty. The latter, by the way, simultaneously absorbed all possible state crimes.
The political structure of past eras is distinguished from the present by one important circumstance. In ancient and medieval law, the concept of national sovereignty did not exist. Treason itself was a prejudice to the supreme overlord, and not to the entire state.
In modern Russia, the concept of treason is preserved. The main features of this phenomenon will be described in detail below.
Legal analysis of the concept: object, subject and subject
According to the Criminal Code, treason is a crime committed by a citizen of the Russian Federation in various forms. According to Article 275 of the Criminal Code, this may be espionage, disclosure of state secrets, assistance to another country not agreed with the authorities, as well as a number of other acts against the security of Russia.
The crime itself has a high public danger. From the possession of the state leaks information that, falling into the hands of foreign intelligence services, could undermine Russia's security. According to the Criminal Code, treason is an act of betrayal. The object of a criminal act is external security, that is, the state of protection of the country's public and state system from external threats. Accordingly, the actions of the perpetrator constitute a threat to sovereignty, security, defense capabilities and territorial integrity.
The subject of the crime is state secret itself. It is most strictly protected by the state. The subject of a criminal act is a citizen who has reached tortability, that is, the ability to bear responsibility. For the crime under consideration, the imposition of sanctions from 16 years. The subjective side, respectively, is direct intent, which has a socially dangerous character.
Legal analysis of espionage
A separate characteristic should be given to the concept of espionage. According to article 276 of the Criminal Code, betrayal of the motherland, namely espionage, constitutes the transfer, that is, the formation, theft and storage of state protected information in order to transfer it to a foreign state, organization or individual.
The object of espionage is a public danger. The objective side, respectively, is the transfer, collection and storage of information in the form of state secrets. The subject of a criminal act is a performer. As such, there may be a foreigner or stateless person who has reached the age of 16 years.Also in the group of subjects may be accomplices, that is, organizers, instigators and other persons.
The subjective side of the criminal offense under consideration is direct intent. This is called the recognition by a person of the socially dangerous nature of the actions being taken, as well as the desire to act to the detriment of the external security of the state. The goals and motives here can be very different. As practice shows, most often the subjects of crime are driven by selfish motives.
Forms of crime
What is treason to the motherland? It is possible to study this question in full only after careful familiarization with all its types and forms. Once again, it should be recalled that the type of crime under consideration is divided into the disclosure of state secrets, espionage and undermining the external security of the Russian Federation. It should also be noted here the technical, financial, consulting and other forms of assistance to foreigners who wish or can harm Russia.
In order to better understand what treason is to the Motherland, several examples can be cited. This is a situation where a liaison person accidentally or intentionally said something superfluous, which just made up state secrets. At the same time, persons who were not supposed to hear the information provided heard it. The second example is complicity in terrorist attacks or sabotage. It is not even necessary that such acts be intentional.
Seriousness of crime
One can only imagine how serious the consequences the supply of foreigners with weapons, means of transportation, false or false documentation, finances, etc. will end.
For what reason is the danger of high treason considered so high? One can only imagine how hard and long the work on new weapons, technologies or any other items that could help protect the country could be. A simple disclosure of data crosses all previously done work. Moreover, the very fact of treason against the Homeland under the Criminal Code of the Russian Federation, article 275, seriously shakes the economy, and sometimes even causes an international scandal.
Signs of crime
Among the distinguishing features of treason against the Homeland under the Criminal Code, Article 275, one should highlight the presence of serious consequences, the potential or real undermining of the security of an entire state, the likelihood of an international scandal, hostility between countries and much more.
Treason is essentially no different from espionage. From a legal and objective point of view, these are absolutely identical concepts. They differ only in the features of the subjects. So, a traitor can be a Russian, and a spy - only a foreign person, a person without citizenship.
The difference between the disclosure of state secrets and treason lies in the fact that the perpetrator may not know about the harm of his talkativeness. In turn, the traitor acts on the principles of awareness and intent.
A responsibility
The Law of the Russian Federation on the Approval of the Criminal Code was in force in the Soviet Union. The criminal offense under consideration was regulated there by Article 64. Treason against the Motherland was punishable by imprisonment of 10 to 15 years. In parallel, all property was seized from the guilty person. The second type of sanction was even tougher: it is the death penalty.
According to the Criminal Code of the RSFSR, a Soviet citizen who was recruited by foreign intelligence but voluntarily surrendered to the USSR authorities was not subject to criminal liability. Naturally, he should not have committed any actions undermining the country's security. However, the question of whether such citizens were really subjected to any sanctions can be called very controversial.
Today, the crime in question is punishable by 275 Art. UK. Treason against the Motherland is punishable by imprisonment of 12 to 20 years. At the same time, a fine of up to 500 thousand rubles or in the amount of the convict’s earnings over the past three years is also possible.The second type of sanction is slightly milder: it is a restriction of freedom lasting up to 2 years.
Theory and practice
So, having dealt with the question of what is treason to the motherland, one should consider the most popular cases of committing this crime in practice. First, you should make one note: the risk of falling under the article in question is simply minimal. So, if secret state information is not used at work, study or service of a Russian citizen, then you should be calm: there will simply be nothing to transfer to foreign organizations or individuals.
However, this is only in theory. In practice, one small amendment spelled out in the article “Treason to the Homeland” substantially changes the matter. This is an indication of "other assistance to a foreign state or organization." What kind of "other help" is this? The law, unfortunately, is silent about this. However, judicial practice stores many cases when seemingly innocent citizens were arrested for the specified crime.
Treason in modern Russian law
So, in the modern code of laws of the Russian Federation there is not a single term that sounds like "treason to the motherland." Instead, in the Criminal Code of the Russian Federation there is the designation "high treason". This concept implies any dangerous crime that is directed against the established constitutional structure of Russia. This, respectively, espionage, the disclosure of state secrets, assistance to a foreign state, as well as hostile activities to the detriment of the domestic economy. All this is indicated by Article 275 of the Criminal Code of the Russian Federation.
An article on treason against the Motherland today is one of the few legal elements for which the death penalty and confiscation of property are established. However, in view of the current moratorium on the use of the death penalty, such sanctions are currently not applied.
Decompensation measure
Domestic legal norms established a decompensation measure against citizens who dared to violate the legal foundations in question. Here the same system operates that worked in the Soviet system of legislation: for example, if a person promptly informed his native government about an act that he could have committed, but did not commit, then he will be released from criminal prosecution. The state will also have to prove that the possible damage was indeed prevented.
For example, a man was recruited by foreign intelligence services. He was instructed to obtain information about a classified Russian project. But instead of completing such a task, the man went directly to the authorities of the Russian Federation, and informed them which representatives of which country made him complete the task. It will also have to be clarified that the commission itself was, of course, not fulfilled. Such a person will not be subject to criminal prosecution.
What is the probability of becoming a "traitor to the homeland"?
It should immediately be clarified that treason is a rare crime in modern Russia. Each such act, and even more so committed by ordinary people, is necessarily publicized and widely covered by the media.
Of course, for a joke about the representative of the State Duma or for a rude word regarding the head of state, you cannot become a “traitor to the Motherland”. But the probability of committing a crime is first of all among the military, scientists and those close to state secrets. Also, the attitude to the native state is most clearly manifested in the war period. A mobilized citizen may accidentally talk about something, or intentionally go over to the side of the enemy. All such cases will be considered treason.