Coercion to testify is a criminal offense (Art. No. 302 of the Criminal Code of the Russian Federation). He has two key objects: the interests of the court and the human right to his integrity. This act is dangerous because the investigation receives falsified information and the court can issue a verdict that violates the rights of a citizen.
Obligations to testify
As the third part of Art. 309 of the Criminal Code, the accused and other persons, participants in the case should not be forced to testify by unlawful measures, for example, by means of blackmail, violent measures or threats.
The Russian Constitution contains article 51, which makes it possible not to testify against one’s own relatives or against any close relatives whose circle is formed by federal law.
Persons whom the investigation suspects or accuses of an act are not required to give evidence, but have the right to interpret them at their own discretion.
The victim, an eyewitness and an expert must legally give them, or provide conclusions (a criterion for an expert). In order to fulfill this obligation, the indicated parties to the case may be subjected only to one coercive measure - drive. Others are illegal.
Objective side
Coercion to testify is manifested in physical or moral influence on a person. It is affected by threats, blackmail, pain and other prohibited methods.
Threats are interpreted as a variety of variations of intimidation about the negative consequences for him.
Blackmail is manifested by threats to disclose certain incriminating materials.
Examples of other illegal measures:
- Depriving a person of the need to eat and drink.
- The room in jail.
It is possible to see the absence of signs of the indicated composition when the interrogators used allowed tactical techniques based on psychology during interrogation.
Interpretation of crime
This offense is considered completed at the moment when the perpetrators commit unlawful acts related to forcing a participant in the process to give certain evidence or conclusions. It does not take into account whether the victim provided them.
According to the second interpretation, the crime is over if, thanks to the prohibited measures, the necessary evidence or conclusions have been obtained.
The subjects in this composition are:
- Investigator.
- Inquirer.
- The prosecutor.
- Head of the investigation department.
Subjective side
From this position, coercion to testify is interpreted as direct intent. Its causes may include:
- career advancement;
- misinterpreted service interests;
- selfish and other motives.
In this composition, acts of violence, torture, or bullying are characteristic features.
Violence here is interpreted as a physical impact on a citizen causing him pain and even injuries. If he receives heavy health damage, then this crime is qualified under two articles of the Criminal Code: No. 111 and No. 302 of Part 2.
The victim may be subjected to single strikes on important areas and organs, such as the kidneys or liver. It can also be systematically beaten.
Mockery - mocking a person during interrogation; committing various acts that degrade his honor.
Its formats can be verbal and physical. People can cover obscene words. They can make fun of the features of his physique, any defects, etc.
The term "torture", disclosed on the basis of the Convention of 10.12. 1984, means any deliberate action that delivers severe pain to a citizen or causes him psychological suffering.
The torture is characterized by the high intensity and duration of these actions. The victim is subjected not only to physical torment. He may be deliberately prevented from eating, drinking, sleeping or resting. He can also be taken the medications required for him. For example, an asthma inhaler can be taken away.
Coercion to testify is committed only with specific intent. And the offender realizes that he implements actions punishable by law.
Their goals are related to obtaining evidence or an expert report with a specific content. For the perpetrator, any information provided by the citizen-participant in the case may be beneficial.
Torture, bullying and violence are considered by law as aggravating circumstances (part 2 of article 302)
Penalties
Responsibility for coercion to testify is prescribed by law. When any participant in the trial (the accused, witness, etc.) comes under certain pressure (threats, blackmail and other illegal measures), the perpetrators must be held accountable. And such persons are most often interrogators or investigators.
And article No. 302 provides for such variations of punishment:
- Deprivation or restriction of liberty.
- Forced social work.
The maximum term is 3 years.
If coercion to testify took place using violent measures, mockery and torture, the perpetrators are deprived of their liberty for 2-8 years.
Fake information
Coercion to give false testimony may result in a promise of the following:
- Any benefits. For example, a defendant in custody may receive a date with his wife or other relatives.
- Issuance of tangible assets or valuables.
- Exemption from punishment.
Such coercion to testify is examined by the Criminal Code of the Russian Federation without the presence of a criminal offense under Art. 302.
If a witness, expert, and other participant in the court proceedings was inclined to give false information with the help of blackmail, threats of physical elimination, injury or damage to his property, then this is a criminal offense. And such measures of influence are envisaged for him:
- Material fine: maximum 200,000 rubles.
- Salary or other income of the perpetrator for a year and a half.
- Arrest for 3-6 months.
- Imprisonment: maximum 3 years.
These measures are reflected in Art. 309 of the Criminal Code. Its second part states that if the act was committed with the use of violence that does not pose a threat to life, the guilty person loses his freedom for a maximum of 5 years.
According to parts 1 and 2 of the designated article, if this crime is realized collectively and with the use of violent measures that are life-threatening, the guilty party provides for the following period: 3-7 years.
The situation with witnesses
Citizens in this category, as well as extras can play an important role in the process.
And their coercion to give false testimony is also subject to punishment. This was reported in the articles of the Russian Criminal Code under the numbers 285 and 286.
Responsibility comes when false information is already entered into the protocol and it contains the signatures of these citizens.
If false information is not recorded in any way and does not affect the course of the process, there are no signs of a crime. And thus, liability before the law is not provided.
Denial situation
According to the designated article of the Criminal Code, there is no liability for a crime in one case. This implies a balance when a person is forced to refuse to testify. For this reason, constitutional article No. 51 is provided.
But if the indicated alignment is supplemented by the signing by this person of an act that contains data not previously mentioned by him, then the act is considered a crime.
The following act means the protocol:
- Interrogation procedures.
- Full-time bets.
- Examination of evidence.
About the victims
Coercion to testify is the crime in which the victims are trial participants. They are sources of information that determine the further development of the process. These are the persons to whom the guilt was brought, and the suspects, and witnesses, and experts.
When coercion is expressed in threats and blackmail, their relatives are also included in the category of victims.
Bribery situation
When it is required to incline evidence to a specific benefit, it is not necessary to act harshly and apply physical and violent acts. An effective result can be achieved with the help of money or any material wealth.
Article 309 interprets this as bribery or coercion to testify. There is also an addendum here related to evading witnesses or incorrect translations.
Witnesses, victims, experts and translators fall into the category of victims of this crime.
Variations of punishment for this violation of the law are as follows:
- Penalties Their maximum parameter is 80,000 rubles.
- Salary or other income of the guilty for a half-year period.
- Social work. Its duration is in the range of 180-240 hours.
- Correctional work. Maximum - 2 years.
- Arrest for 3 months.