A deliberate false report about an act of terrorism as a type of crime has been defined in our society relatively recently. For the first time in massive numbers, phenomena of this kind were recorded during perestroika, after the collapse of the Soviet Union. Today, false reporting of terrorism has become a real boom, especially among juvenile hooligans. The consequences of the crime are imperceptible, but colossal. How to deal with such a disaster and what responsibility does the Criminal Code provide for it?
Definition of a crime and its potential danger
Crimes of this nature are regulated by the Criminal Code of the Russian Federation, namely article 207. The deliberately false report of an act of terrorism, according to the information contained in it, is a very dangerous act, leading to significant public disorganization. This is expressed in violation of the normal operation of enterprises and institutions, transport, the development of panic among the population. In addition, it should be noted that the investigation of such crimes consumes human resources of law enforcement agencies, while real offenses continue to pose a direct threat to society.
Parties to the crime
What constitutes such an unlawful act as a deliberately false report on an act of terrorism? Corpus delicti characterized by the presence of two parties, namely the object and subject of illegal actions. The first participant (object) is considered to be:
- public safety (main party);
- the rights of individuals (ordinary citizens);
- interests of legal entities (government agencies, enterprises, commercial companies).
Concerning the objective side of the crime, then it is expressed in false reporting of a terrorist act (intention to commit it). The nature of terrorism (arson, bomb and other means) does not play a role.
The objective side of this article does not include informing that the crime has already been committed or that a person is preparing it. Such fraudulent information is usually characterized as a denunciation, and this is already 306 article The criminal code.
The subject of a crime is an individual who has reached the age of 14. These conditions are mandatory. The subjective side is represented by intent, a deliberate decision to deceive society and government.
Additional parties
In addition to objects and subjects, such a crime as a deliberately false report on an act of terrorism implies the presence of addressees, that is, those to whom this information is transmitted in order to create panic. Most often, they play the role of state authorities, directorates of educational institutions, large companies, business and shopping centers, and representatives of the press. Information of this nature is not transmitted to private individuals, because in this case the main goal of the offender is to give the false statement to the greatest publicity.
General information
A deliberately false report on an act of terrorism can be carried out both in writing and orally. His motives may vary. Political convictions, personal wishes and much more motivate hooligan actions. All these factors do not affect guilt and subsequent liability. The crime ends from the moment of transmitting the information to the addressee.
Article Change
The investigation of a deliberately false report on an act of terrorism may lead to the fact that the submitted articles can be supplemented or changed to new charges. So, publicly accusing a person of preparing a crime without the goal of engaging the authorities can be regarded as libel (Article 129 of the Criminal Code).
If a statement was made against a specific person and was delivered to the addressee, causing a violation of public order and the reaction of the authorities, then several articles can appear in the case, namely 129 (slander), 306 (denunciation), 282 (incitement to hostility).
A false message, accompanied by requirements for state power or the addressee, can be classified as hostage-taking (article 206 of the Criminal Code), and if it was committed in order to divert attention from real danger, it falls under 205 article (terrorism).
Punishment for crime
What threatens a criminal with a deliberately false report about an act of terrorism? Punishment for such an act is also provided for in Article 207 of the Criminal Code of the Russian Federation. There are several types of it, the specific of which is determined by a court decision:
- fine (up to 200 thousand rubles or monthly income for a period of up to 18 months);
- compulsory work lasting up to 480 hours;
- correctional labor lasting from 1 year to 2 years;
- forced labor for up to 3 years;
- restriction of freedom also up to 3 years;
- arrest (from 3 to 6 months);
- imprisonment up to 3 years.
One type of liability comes with respect to an individual over the age of 14 years. If this age limit has not been reached, no punishment will be imposed on the perpetrator.
For students in schools, colleges and universities, crime can also threaten expulsion (a similar punishment is relevant for those who have already reached 15 years of age). It should also be noted that if a fake call was made by a teenager, then his parents are in any case responsible for such an illegal act.
Preventive actions
Preventing a deliberately false report of an act of terrorism is quite difficult. The main task of modern authorities is to influence the young generation involved in fraudulent calls with the aim of banal hooliganism. To this end, intensified propaganda and informing adolescents about the possible consequences of the crime are being carried out not only for society, but also for them specifically. The process involves teachers, parents of hooligans, as well as juvenile inspectors.
The acquittal
In what cases is the report of an act of terrorism not a reason to condemn the person who made the statement? The main factor of guilt under Article 207 is knowingly false reporting of the event, if the accused himself was mistaken and in fact was sure of the correctness of the information transmitted, he could not be recognized as a criminal.