The Criminal Code of the Russian Federation describes a wide variety of violations. And for each crime the appropriate punishment is selected. Today we will be interested in Art. 306. She is responsible for the so-called false reports. No matter how strange it may sound, this act is a criminal offense. Not the worst, but it does occur. What relies on him? What is worth preparing for? Of course, a lot depends on the situation and circumstances. But in Art. 306 of the Criminal Code describes pattern cases and possible measures to prevent the crime.
What is it
But for starters: what will be discussed in principle? Not everyone understands the violation in question. Knowingly false denunciation - what is it? You need to understand this issue. Otherwise, there is a possibility that the corpus delicti will not take place. But if he is not, there is no offense.
A false report (knowingly) is, in simple words, a lie. But in our case, this is information that was previously known to the citizen who informed them as incorrect. That is, someone deliberately told a lie. For some purpose, realizing my act. If the citizen could not know and guess about the lie, the corpus delicti does not take place. True, it can be extremely difficult to prove. What punishment is due for a committed act, if you rely on the text of Art. 306 (RF, Criminal Code)?
Payouts
If you were already familiar with criminal law in Russia, you will most likely guess where the whole process begins. After all, the first measure to combat criminal offenses (not with everyone, but with the majority) is fines. Cash penalties for many criminals are a powerful reason for abstinence.
Part 1, Art. 306 indicates that deliberately false reporting by citizens is punishable by a fine. Its size may be different. Either it is fixed (up to 120,000 rubles), or is expressed as the income of the offender. Here the final decision rests with the court. But there are limitations in this matter. The fine expressed by a person’s income cannot be higher than the amount received by him for 12 months. Nothing difficult, right? In simple terms, you can either receive the recovery of specific money, or lose income for a period of not more than one year.
Coercion to work
What's next? The legislation of the Russian Federation for some violations provides for a variety of community service. They are very popular. And Art. 306 is no exception. For a denunciation that was deemed knowingly false, you can be sentenced to mandatory, corrective or forced labor.
In part 1 of Art. 306 of the Criminal Code indicates not only possible sanctions, but also their duration. It is established in a judicial proceeding depending on the situation. But the restrictions are spelled out in the Criminal Code. So, work of a mandatory nature cannot exceed 480 hours, correctional and forced - 24 months. Please note that these rules apply only to cases without aggravating circumstances.
Arrests
The measures do not end there. After all, a deliberately false denunciation is a criminal offense, although not the worst. It’s not always possible to get off easily and simply. Fines and social labor are quite humane decisions. In some cases, it is possible to apply slightly different penalties for the offender. But they also act in the proposed form only when there is no peculiarity of the perfect act.
In Art. 306 states that the offense may be punishable by arrest. Violation of human freedom is the main type of criminal responsibility. This is precisely what citizens fear.But arrest is far from the most serious form of the fight against crime. Especially when you consider that for false denunciations, no more than six months are supposed to be “under supervision”. This is not so much.
Imprisonment
But deprivation of liberty is perhaps a really valid argument for complying with laws in Russia. It is hard to believe, but knowingly false reports can be punished with this measure. This is indicated in Art. 306 of the Criminal Code (with or without comment).
A crime committed by a citizen is punishable by imprisonment. It can not exceed 2 years. In practice, this measure is extremely rare. Most often, it is used if, as a result of the act, serious damage was caused to the property or health of the victim. Consider this fact.
Breaking bad
But the second paragraph of Art. 306 of the Criminal Code already refers to so-called aggravated circumstances. They, of course, will be punished much more seriously than a crime without features.
What is prescribed in the law? For example, measures to prevent repeated lies with a parallel connection thereof with a serious or especially serious crime. In this situation, you can still get off with a fine. It rises to 300 thousand rubles, also appears at least 100 thousand. If we talk about payments, expressed as the income of the convicted, the framework is set in the range from 12 to 24 months inclusive.
Social work is also not excluded. But compulsory work no longer takes place. Absolutely, like correctional ones. Instead, there is only forced labor lasting no more than 36 months. Or, as they say, no more than 3 years. Going to jail in this situation has every chance. Moreover, they are very likely to be used. Imprisonment cannot be assigned more than compulsory labor. That is, a limit of 3 years is established.
Proof of
In some cases, it is not ruled out the artificial creation of evidence of a crime, accompanied by a false report. Perhaps this is the act considered the most serious. As you might guess, appropriate preventive measures will rely on him. In their most serious form.
Penalties lose their relevance. Although if you look closely, they are appointed, but not thanks to Article 306 of the Criminal Code. There is a kind of unwritten rule that allows you to fine even with the artificial creation of evidence of your words. But the text can only rely on forced labor. Their duration may not exceed 5 years.
That is not all. You do not need to forget about imprisonment. This measure is really in great demand in judicial practice. Especially when the defendant lied and tried to prove his case by creating artificial evidence. In this scenario, imprisonment (usually in penal colonies or a general regime) has the right to impose a maximum of 6 years. No further additional measures or punishments are legally prescribed. As you can see, for a deliberately false denunciation, you can really pay with freedom. In a rather serious form. If you have already committed a crime, get ready for appropriate action.