High treason (Article 275 of the Criminal Code of the Russian Federation) is an act against the country's external security. Let's consider it in more detail.
Article 275 of the Criminal Code: corpus delicti
Under this act should be understood the issuance of secrets, espionage or other complicity to a foreign government, service or their representatives in carrying out hostile activities against Russia. As punishment under Art. 275 of the Criminal Code advocates imprisonment for 12-20 years. In addition, the court may order the confiscation of the property of the guilty subject.
Norm 275 of the Criminal Code: comment
The note to the rule in question says that the person who committed the specified illegal act may be exempted from liability if it promptly and voluntarily communicated to the authorized authorities or in another way helped to prevent subsequent harm to the interests of Russia. Moreover, his actions should not contain a different corpus delicti. This rule applies to the norms 276 and 278 of the Code.
Public danger
The act established in norm 275 of the Criminal Code of the Russian Federation (“High Treason”) poses a threat to the country. The public danger lies in the fact that data constituting a special secret leaves the possession of Russia. Once in the hands of foreign intelligence services, they can be used against the interests of the country. This, in turn, creates the risk of nullifying the many years of work of various teams to develop and implement original technologies, defense plans in special periods, new types of weapons, and so on. The behavior of a traitor can cause enormous economic harm to the state, lead to a halt in the construction of strategically important facilities, and lead to the disruption of promising research in the scientific and technical fields. Illegal actions in the field of establishing international relations are of particular importance, since they can provoke their breakup.
The essence of the act
Article 275 of the Criminal Code of the Russian Federation considers the conduct of the subject as an act of betrayal. A Russian citizen assists a foreign government, organization, or representative in hostile activities against the country. Norm 275 of the Criminal Code of the Russian Federation establishes liability for special types of aiding. They are expressed in espionage, the issuance of particularly secret secrets and other acts aimed at undermining the external security of the state.
An object
According to norm 275 of the Criminal Code of the Russian Federation, they are the country's security and defense capabilities. These characteristics relate to the state of Russia's defense against external threats. The behavior of the guilty subject creates a danger to the territorial integrity, sovereignty, social, federal structure of the state. All these spheres are closely interconnected. The question of which particular component the harm relates to a greater extent should be decided individually in each case in accordance with the available materials.
Espionage
Its subjective and objective features are the same within the meaning of norms 276 and 275 of the Criminal Code of the Russian Federation. Espionage involves the transfer of highly classified information to foreign countries, organizations or their representatives. The collection, theft or storage for subsequent redirection of these data to these entities is also regarded as it. Under espionage is understood the collection and transmission of information on the instructions of foreign intelligence to the detriment of the Russian Federation. These acts committed by a Russian citizen are considered under Art. 275 of the Criminal Code. If the subject is a foreign person or who does not have citizenship, then he is held liable in accordance with rule 276 of the Code.
Issuance of secrets
According to the norm 275 of the Criminal Code of the Russian Federation, it acts as one of the forms of assistance to foreign entities in carrying out activities of a hostile nature towards Russia. The issuance of secrets should be understood as the transfer by a foreign entity of information by a person to whom she was entrusted with work, service or in any other way, except for abduction and collection. This indicates the type of high treason differs from espionage. In the framework of the latter, information is transferred that the subject does not have at work or service. For example, a citizen, being an employee of a research institute, on a personal initiative established an illegal connection with a foreign person and issued information known to him in the service that represents state secret.
Note
The subject of unlawful actions in the issuance of information is state secret. These are data protected by law from the field of foreign policy, military, intelligence, operational investigations, counterintelligence, economic activities, the dissemination of which may harm the security of Russia. The legislation establishes a list of information acting as a state secret.
The end of the act
The crime of issuing state secrets is considered completed from the moment when the information was transferred to the address of a foreign entity. Representatives of a foreign country or organization are their officials. They can be members of delegations, employees of special services and other structures. In addition, the law provides for attempt or preparation for a crime. For example, the perpetrator may be detained while trying to give out information to these entities.
Other help
Article 275 of the Criminal Code of the Russian Federation as it provides for the performance of various actions aimed at assisting foreign entities in the course of the latter's conduct of intelligence or other activities that undermine the constitutional order and security of Russia, unless they are subject to the other forms indicated above. The objective side in this case is connected with the establishment of communication (contact) by the citizen of the country with foreign representatives and the fulfillment of the tasks received from them:
- Other illegal actions against the constitutional foundations and security of Russia.
- Crimes that do not form part of the article under review, but are detrimental to the Russian Federation.
The actions of the culprit in the first case will be qualified according to the totality of norms. In particular, he will be charged with high treason and a specific act (armed rebellion, terrorist act, and so on). In the second case, an exhaustive list is not provided. Acts can be very diverse. However, in all cases, an encroachment on the external security of Russia acts as the main feature.
Completion and stages of misconduct
The crime will be regarded as completed at the time of the actual provision of assistance (assistance). In this case, the steps of the act may also take place. In particular, the preparation involves:
- Development of a promotion plan.
- Formation of conditions for establishing contact with foreign entities.
- Bringing information into a system convenient for transmission, and so on.
The attempt includes:
- A failed attempt to establish contact with foreign representatives.
- Performing actions that are aimed at providing assistance that foreign services could not use, and so on.
Subjective side
Only a Russian citizen, whose age is 16 or more, may be held liable under the norm 275 of the Criminal Code of the Russian Federation. Foreign partners or those without any citizenship may act as accomplices. The subjective side is characterized by direct intent. The guilty subject understands the social threat of his behavior and wants to commit illegal actions. The focus of intent on qualifying a crime is to be established. The goals and motives of a citizen may be different. They are self-interest, nationalistic motives, revenge, and so on. Motives, despite the fact that they are not specified in the norm, are essential in the process of disclosing the mechanism of committing an act, establishing the degree of guilt and applying punishment.