On the Internet today you can find information on almost any topic, including legal ones. There are a huge number of sites that contain the content of articles of existing codes with comments from lawyers. These resources are subject to increased requirements. This is especially true of information on criminal offenses.
Recently, the international situation is quite unstable. Many citizens are drawn into terrorist organizations, commit terrible crimes against humanity. For this activity, domestic legislation provides for criminal penalties. However, the danger is not only direct participation in the attacks, but also the inclinations of people to join terrorist organizations.
The Criminal Code contains article 280 "Public calls for extremist activities." The source http://www.ugolkod.ru/statya-280 shows signs of composition and types of punishments, as well as a brief commentary on this norm. We will consider the contents of the article and extended explanations to it.
The content of the norm
Part 1 of Article 280 of the Criminal Code of the Russian Federation fixes punishment for public calls for extremism. Guilty may be charged:
- Cash collection in the amount of 100-300 thousand rubles. or a component of income for 1-2 years.
- Up to 3 years of forced labor.
- from 4 to 6 months of arrest.
- Imprisonment of up to 4 years with a ban on filling positions or conducting certain types of activities for 4 years.
If these acts were committed using information and telecommunication networks (including the Internet) or the media, the punishment is tightened. The perpetrator in such cases faces up to 5 years of forced labor or imprisonment. In addition, the prohibition mentioned above may be imposed up to 3 years. When imposing a sentence of deprivation of liberty, the restriction is mandatory, and when sentenced to forced labor, it is established at the discretion of the court.
Comments on Article 280 of the Criminal Code of the Russian Federation
The legal basis for liability provided for in the considered norm is the provisions of Articles 13, 14, 29 of the Constitution.
With the introduction of 280 articles in the Criminal Code of the Russian Federation, the legislator was guided, inter alia, by the provisions on the prohibition of propaganda of racial, national, linguistic, social and other other superiority, and the norms of international legal acts. In particular, the provisions of the Universal Declaration of Human Rights of 1948, the Covenant of 1966, the Declaration of the UN General Assembly of 1981, the Convention on the Elimination of any Form of Racial Discrimination of 1965, the Convention on the Protection of Fundamental Freedoms and Human Rights from 1950, the Shanghai Convention for the Suppression of Extremism, Separatism and Terrorism of 2001
Analyzing article 280 of the Criminal Code of the Russian Federation with the comments of the Constitutional Court on the constitutionality of its provisions, the following can be noted. The court draws attention to the fact that the Constitution of the Russian Federation guarantees everyone freedom of speech and thought, while prohibiting campaigning, propaganda, inciting hatred or hostility on racial, national, and other grounds.
Developing the constitutional requirements and provisions of international documents, article 280 of the Criminal Code of the Russian Federation specifies the prohibitions, fixing responsibility not for any actions, but for committed publicly and aimed at an indefinite circle of subjects. It follows from this that the provisions of this norm cannot be considered as contrary to constitutional guarantees.
An object
The crime encroaches primarily on social relations that are forming in the field of ensuring the protection of the political system, constitutional order and state security.
An additional object is freedom, interests, dignity, honor of a citizen and a person.
Extremism
280 article of the Criminal Code is blanket, that is, a reference. To clarify the essence of extremist activity, it is necessary to refer to the Federal Law No. 114.
According to the provisions of this law, extremism is the activity of religious, public or other associations and organizations, the media, individuals related to the planning, preparation, organization, and also of committing acts aimed at:
- forced change of the constitutional structure;
- undermining state security;
- appropriation / seizure of power;
- creation of illegal armed groups (illegal armed groups);
- violation of the integrity of the country;
- incitement of hostility on any grounds, including those associated with violent acts or calls for them;
- carrying out acts of terrorism;
- humiliation of the dignity of the nation.
Extremism includes the commission of riots, acts of vandalism, hooliganism based on political, ideological, religious, national hatred, hostility towards a particular social group. It includes propaganda, public demonstration of fascist paraphernalia / symbols, financing of the above actions or providing other assistance for their implementation.
The specifics of the crime
In judicial practice under Article 280 of the Criminal Code of the Russian Federation, when deciding on the publicity of appeals, it is necessary to take into account the method, place, situation and other circumstances of the case. The appeal can be directed to a group of people in a public place, at a rally, meeting, demonstration. Public calls are messages in leaflets, on posters, on the Internet (on a site, a blog, a forum), as well as messages distributed by fan mail to e-mail addresses.
Action design
The composition indicated in the disposition of the 280th article of the Criminal Code of the Russian Federation is formal. The crime is considered completed at the time of open distribution / appeal. Moreover, one such message is enough.
At the same time, it does not matter whether they managed to induce people to commit extremist acts or not.
Nuances
Reproduction, production, storage of materials for their distribution in order to promote illegal activities does not entail liability under the considered norm. The stage of preparation for this assault is not punishable, since it itself refers to moderate acts.
A similar rule applies in case of preparation for a crime with aggravating signs (part 2).
If calls for extremism provoked riots or armed rebellion, the offense is qualified according to the totality of articles (280, 212, 279).
Delineation of Acts
In practice, difficulties often arise in qualifying actions under Articles 280, 282 of the Criminal Code of the Russian Federation . These two crimes must be delimited by the following features.
According to the norm under consideration, punishment is charged only for a public call for extremism. The public dissemination of information justifying the need for unlawful activities against citizens of a different race, religious affiliation, nationality, etc., or information justifying it, is qualified under article 282.
It is necessary to differentiate statements that affirm the need to commit illegal acts (Article 282) and calls for their commission (Article 280). In the latter case, they talk about the type of activity aimed at inciting hatred.
Suppose a video is posted on the Internet that proves the fact of harassment by representatives of one race of persons belonging to another race, examples of the destruction and eradication of people, and the commission of especially serious acts are given. In this situation, there are signs of 282 articles.
If the conclusion of the video message concludes that it is necessary to unite against oppressed individuals and begin to kill them, then Article 280. Additionally, under article 282, such an act does not qualify.
Subjective part
The act provided for in Article 280 is committed intentionally. At the same time, intent has a direct focus.
The culprit understands the wrongfulness of his calls, but wants to make them.
To establish a motive, it is necessary to take into account the duration of interpersonal relations between the criminal and the victim, the presence / absence of conflicts not related to ideological, national and other views, membership of any social or religious group.