The collection of evidence is a mandatory step in any case. During it, the principles of legality and validity of the actions of persons participating in the production must be observed. Current legislation does not allow falsification of evidence. Art. 303 of the Criminal Code of the Russian Federation establishes sanctions for violation of this requirement. Next, we consider the features of the crime.
The overall composition of the fraud under Art. 303 of the Criminal Code
The specified norm establishes sanctions for the substitution of genuine false information. Falsification can be manifested in distortion, falsification of information or its carrier.
In the first part of Art. 303 of the Criminal Code of the Russian Federation sanctioned for falsification of evidence by participants in civil or administrative cases. These entities include parties to the process, representatives of the parties, employees authorized to consider cases related to administrative offenses.
Regarding the first part of Art. 303 of the Criminal Code, the sentence may contain one of the following sentences:
- A fine of at least 100 rubles. (no more than 300 thousand rubles.) Or component income of the perpetrator for 1-2 years.
- Up to 480 hours of compulsory or up to 2 years of corrective labor.
- Up to 4 months of arrest.
Criminal proceedings
Regarding the second part of Art. 303 of the Criminal Code brought to justice:
- defender;
- investigator;
- the prosecutor;
- interrogator.
For falsifying evidence, these individuals may face:
- Up to 3 years of forced labor. In addition to sanctions, the right to conduct activities, to be in posts established by a judge, may be limited.
- Up to five years in prison with the additional penalty indicated above.
If evidence was falsified in a case of a grave or especially grave act or falsification entailed grave consequences, the guilty shall be sentenced to seven years in prison with a ban on filling positions, carrying out activities determined by the court for up to three years.
Additionally
In the fourth part of Art. 303 of the Criminal Code of the Russian Federation fixed the punishment for persons authorized to conduct operational investigative work. If they falsify the results of measures in order to prosecute a subject that is knowingly innocent, or to damage the reputation, dignity and honor of a person, the following shall be charged:
- Fine up to 300 thousand rubles. or equal to income for 1 year.
- Up to 4 years in prison.
- The prohibition of filling certain positions or carrying out certain activities for up to five years.
Art. 303 of the Criminal Code with comments
The object of the attack is public relations related to ensuring the goals of legal proceedings. Falsification of materials leads to decisions based on distorted, false information. Such decisions do not meet the requirements of reasonableness and legality.
When analyzing the comments to Art. 303 of the Criminal Code, it is worth noting that experts draw attention to the fact that the key to falsification is the fact of substitution. Consequently, obtaining evidence with non-compliance with the provisions of the procedural legislation in itself does not constitute a corpus delicti under the considered norm.
Subject of action
They can be:
- Documents, including power of attorney, receipts, acts of inspections, etc.
- Protocols drawn up by judicial or investigative actions.
- Evidence. For example, some objects are thrown at the crime scene in order to replace objects related to the crime.
Falsification is the indication in the protocol of false information about the fact being investigated (for example, about the allegedly discovered thing during the search), and about the circumstances of the event (time of the event, the persons participating in it, etc.).
Crime enshrined in Art. 303 of the Criminal Code, is considered completed at the time of presentation of falsified evidence for inclusion in the case. Further recognition of it as unacceptable does not affect the qualification of the act as completed.
Nuances
Qualification of an act is carried out depending on the production within which it was committed. Part one deals with falsification of evidence in civil, and in part 2 - in criminal proceedings.
Within the meaning of 118 norms of the Constitution, civil proceedings can be conducted both on the basis of the Code of Civil Procedure and the agro-industrial complex. Consequently, the liability enshrined in part one of the article under consideration extends to participants in the arbitration process. These findings are confirmed by judicial practice under Art. 303 of the Criminal Code.
Subjective aspect
Persons held accountable under the analyzed norm have special characteristics. These criteria are determined depending on the functions that entities implement in the framework of a particular production. In the first part, a civil plaintiff and defendant, as well as their representatives, can be brought to justice.
According to the CPC, a preliminary investigation is carried out by the investigator and the interrogating officer (Article 151 “Jurisdiction”). According to Art. 303 of the Criminal Code of the Russian Federation, employees who falsify evidence in a case pending in their proceedings are brought to justice. The commission of unlawful actions by an entity not related to those listed in part 2, if there are grounds, may be recognized as complicity.
Sanctions feature
Part 2 provides for mandatory punishment in the form of deprivation of the right to carry out activities / filling positions established by the court. The wording of the norm indicates that this punishment can only be imputed to the inquiry officer, investigator, prosecutor and defense attorney. Another person acting as a defense counsel in the process, including a close relative of the accused, is not responsible for the analyzed norm.
Wines
The subjective aspect is characterized by direct intent. The guilty understands that by his actions he changes the properties of the information used in the process of investigation or direct trial, and wishes it.
The purpose of the act may be different. For example, falsification can be aimed at bringing the innocent to justice or protecting the guilty from punishment, obtaining material benefit for the interested subject. The motive may be self-interest, the desire to advance in the service, a misunderstanding of the interests of law enforcement, imaginary justice.
Aggravating circumstances
They are fixed in the third part of the analyzed article. For a literal interpretation of the provisions, the purpose of falsification does not matter.
The grave consequences resulting from falsification of evidence include, for example, unlawful conviction, prolonged detention or unjustified acquittal of a person guilty of an act.
Investigation work
Its concept, the list of persons authorized to implement it, is contained in the Federal Law No. 144.
Investigation work is carried out for:
- Revealing, suppression, prevention, disclosure of acts, detection and identification of citizens preparing, committed or committing crimes.
- The search for citizens hiding from inquiry, trial, investigation, evading punishment, as well as missing persons.
- Obtaining information about actions / inactions, events that pose a threat to the economic, military, biological, state security of the Russian Federation.
The results of operational-search actions may be information about the implementation or non-execution of a specific action, information about the participants, the procedure, timing.
Features of the subject composition
The persons carrying out activities of an operational-investigative nature may be employees of the departments of the internal affairs department, the FSB, the Federal Customs Service, the federal executive power structure that exercises functions in the field of state security, the Federal Penitentiary Service, control agencies for the circulation of psychotropic and narcotic drugs and foreign intelligence of the Ministry of Defense. Only these entities can be punished under part 4,303 of the Criminal Code. Other participants in the events, including secret employees, may not be the subjects of a crime. If there are grounds for their actions, they may qualify as complicity or aiding.
Private detectives and security guards cannot be held accountable under the analyzed norm.
additional information
The motive of falsification of the results of operational-search measures for qualifying a criminal act is not of decisive importance.
Unlike substitution (distortion) of evidence, aggravating circumstances in paragraph 4 303 of the article are not allocated. Accordingly, if the use of falsified results entailed grave consequences for the victim, the actions of the perpetrator fall under the fourth part of the norm in the absence of another crime in them.