Criminal Code of the Russian Federation in the latest edition:
Article 6 of the Criminal Code of the Russian Federation. Principle of justice
1. Punishment and other measures of a criminal legal nature applied to a person who has committed a crime must be fair, that is, correspond to the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator.
2. No one can be criminally liable twice for the same crime.
Return to the table of contents of the document: Criminal Code of the Russian Federation in the latest edition
Comments on Article 6 of the Criminal Code of the Russian Federation
Justice is a category of ethical, moral and socio-legal nature. In criminal law, the principle of justice is addressed equally to the legislator and the law enforcer. Accordingly, in order for a court considering a particular case to impose a fair punishment, the legislator must determine a fair sanction for an act that is prohibited by law.
Justice is expressed primarily in the correspondence and adequacy of punishment and other measures of a criminal legal nature to the crime committed. When establishing such compliance, the nature and degree of public danger of the crime committed are taken into account.
“ Social danger is not only an objective risk, especially since even with all real objectivity it cannot be accurately measured and completely expressed in advance. Social danger is also a human, subjective state, and in this sense it depends on how it is felt, represented and expressed, in particular, by legislative decision under the right of constitutional democracy and by virtue of legislative powers. The criminal law expresses the measure of danger based on the results of the legislative procedure in a generalized conditional assessment that an act receives in the ideas and decisions of subjects of legislative activity when they qualify it in a normative manner and thereby name the boundaries, so that the court, for its part, can, within these limits, qualify the danger of individual crimes in certain criminal cases" (Resolution of the Constitutional Court of the Russian Federation dated December 11, 2014 N 32-P)
The nature of the public danger of a crime depends on the object of the attack, the form of guilt and the classification of a criminal act by the Criminal Code of the Russian Federation into the corresponding category of crimes (Article 15 of the Criminal Code of the Russian Federation), and the degree of public danger of a crime is determined by the circumstances of the crime (for example, the degree of implementation of the criminal intention, the method of committing the crime, the size of the harm or the severity of the consequences, the role of the perpetrator in the commission of a crime in complicity).
To comply with the principle of justice, it is necessary to take into account the circumstances of the crime : time, place, method, motive, purpose and others. For example, clauses “a”, “d”, part 1, art. 61 of the Criminal Code of the Russian Federation, such circumstances as the first commission of a crime of minor gravity due to a random combination of circumstances or the commission of a crime due to a combination of difficult life circumstances or motivated by compassion are recognized as mitigating circumstances.
The identity of the perpetrator is also of great importance in determining a fair punishment. For example, if a person who has committed a crime for the first time or as a minor, other things being equal, will suffer a less severe punishment compared to a person who has been repeatedly convicted and continues to lead an antisocial lifestyle.
The measure of fairness of punishment in each specific case is chosen by the court, taking into account the severity of the act committed, circumstances mitigating and aggravating the punishment (Articles 61, 63 of the Criminal Code of the Russian Federation), positive and negative personality traits of the perpetrator.
The legislator, by establishing a sanction, gives the court the opportunity to individualize criminal punishment within the boundaries assigned to it. Therefore, in the Criminal Code of the Russian Federation, most sanctions are alternative and relatively specific, which gives the right to choose one or another type of punishment, and within the framework of one punishment, upper and lower limits are indicated.
Given in Part 2 of Art. 6 of the Criminal Code of the Russian Federation, the provision according to which “no one can be held criminally liable twice for the same crime” is based on Part 1 of Art. 50 of the Constitution of the Russian Federation. Citizens of the Russian Federation and stateless persons permanently residing in the Russian Federation who have committed a crime outside the Russian Federation are not subject to criminal liability if in relation to these persons there is a court decision of a foreign state regarding this crime (Part 1 of Article 12 of the Criminal Code of the Russian Federation).
The Federal Law “On Amendments to Article 236 of the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation” (draft No. 929651-7) was adopted today in three readings at a plenary session of the State Duma. It will also be considered by the Federation Council today.
The new law is aimed at toughening criminal liability for violation of sanitary and epidemiological rules. We are talking, for example, about such acts as violation of the quarantine regime.
The new edition sets out Article 236 “Violation of sanitary and epidemiological rules” of the Criminal Code of Russia.
Part 1 of Article 236 of the Criminal Code of the Russian Federation Violation of sanitary and epidemiological rules, which through negligence resulted in mass disease or poisoning of people or created a threat of such consequences.
Punishment: • a fine in the amount of 500 to 700 thousand rubles or in the amount of wages or other income of the convicted person for a period of one year to eighteen months; • or deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years; • either restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.
Part 2 of Article 236 of the Criminal Code of the Russian Federation Violation of sanitary and epidemiological rules, resulting in the death of a person through negligence.
Punishment: • a fine in the amount of one million to two million rubles or in the amount of wages or other income of the convicted person for a period of one to three years; • or restriction of freedom for a term of two to four years; • or forced labor for a period of three to five years; • or imprisonment for the same period.
Part 3 of Article 236 of the Criminal Code of the Russian Federation Violation of sanitary and epidemiological rules, resulting in the death of two or more persons through negligence.
Punishment: • forced labor for a term of four to five years; • or imprisonment for a term of five to seven years.
The investigation of these crimes: • under Part 1 and Part 2 of Article 236 of the Criminal Code of the Russian Federation is assigned to investigators of the internal affairs bodies of Russia (clause 3 of Part 2 of Article 151 of the Criminal Procedure Code of the Russian Federation), • under Part 3 of Article 236 of the Criminal Code of the Russian Federation is assigned to investigators of the Investigative Committee of Russia ( subparagraph “a” of part 2 of article 151 of the Code of Criminal Procedure of the Russian Federation).
Consideration of criminal cases of this category: • under Part 1 of Article 236 of the Criminal Procedure Code of the Russian Federation refers to the jurisdiction of justices of the peace (Part 1 of Article 31 of the Criminal Procedure Code of the Russian Federation); • under Part 2 and Part 3 of Article 236 of the Criminal Procedure Code of the Russian Federation - to the jurisdiction of district courts (Part 2 of Article 31 of the Criminal Procedure Code of the Russian Federation).
The amendments also introduce new criminal offenses. These are: • Article 207.1 “Public dissemination of knowingly false information about circumstances posing a threat to the life and safety of citizens”; • Article 207.2 “Public dissemination of knowingly false socially significant information, resulting in grave consequences.” This is due to the fact that in the context of the fight against coronavirus infection (COVID-2019), false information misleads citizens and interferes with measures taken to prevent the situation from worsening.
Article 207.1 of the Criminal Code of the Russian Federation For the public dissemination, under the guise of reliable messages, of knowingly false information about circumstances that pose a threat to the life and safety of citizens, and (or) about measures taken to ensure the safety of the population and territories, methods and methods of protection from these circumstances, it is proposed to be punished as follows:
• a fine in the amount of 300 thousand to 700 thousand rubles or in the amount of wages or other income of the convicted person for a period of one year to 18 months; • compulsory work for up to 360 hours; • corrective labor for up to one year; • restriction of freedom for up to three years.
Circumstances that pose a threat to the life and health of citizens are understood as natural and man-made emergencies, environmental emergencies (epidemics, epizootics and other similar circumstances that have resulted (can result) in human casualties, damage to human health and the environment, significant material losses) .
Article 207.2 of the Criminal Code of the Russian Federation In the case of public dissemination, under the guise of reliable messages, of knowingly false socially significant information, which through negligence resulted in harm to human health (Part 1 of Article 207.2), it is proposed to punish:
• a fine in the amount of 700 thousand to one million rubles or in the amount of wages or other income of the convicted person for a period of up to 18 months; • corrective labor for up to one year; • forced labor for up to three years or imprisonment for the same period.
For the public dissemination of deliberately false socially significant information under the guise of reliable messages, which through negligence resulted in the death of a person or other grave consequences (Part 2 of Article 207.2 of the Criminal Code of the Russian Federation), more severe criminal sanctions are provided:
• a fine in the amount of one million 500 thousand to two million rubles or in the amount of wages or other income of the convicted person for a period of 18 months to three years; • corrective labor for up to two years; • forced labor for up to five years or imprisonment for the same period.
The investigation of these crimes is the responsibility of investigators of the Investigative Committee of Russia (subparagraph “a” of part 2 of article 151 of the Code of Criminal Procedure of the Russian Federation).
Consideration of criminal cases: • under Article 207.1 and Part 1 of Article 207.2 of the Criminal Procedure Code of the Russian Federation - to the jurisdiction of justices of the peace (Part 1 of Article 31 of the Criminal Procedure Code of the Russian Federation); • under Part 2 of Article 207.2 of the Criminal Procedure Code of the Russian Federation - to the jurisdiction of district courts (Part 2 of Article 31 of the Criminal Procedure Code of the Russian Federation).
Source: Legal Department of the Administration of the Governor and Government of the Arkhangelsk Region https://dvinanews.ru/-x2abxaas
Explanations of the Supreme Court of the Russian Federation
Clause 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 N 58 “On the practice of imposing criminal punishment by the courts of the Russian Federation” contains the following explanations:
According to Article 6 of the Criminal Code of the Russian Federation, the justice of the punishment lies in its compliance with the nature and degree of social danger of the crime, the circumstances of its commission and the identity of the perpetrator.
The nature of the public danger of a crime is determined by criminal law and depends on the elements of the crime established by the court. When taking into account the nature of the public danger of a crime, courts should bear in mind, first of all, the focus of the act on social values protected by criminal law and the harm caused to them.
The degree of public danger of a crime is established by the court depending on the specific circumstances of the crime, in particular on the nature and size of the consequences that occurred, the method of committing the crime, the role of the defendant in the crime committed in complicity, on the type of intent (direct or indirect) or negligence (frivolity or negligence) . Circumstances mitigating or aggravating punishment (Articles 61 and 63 of the Criminal Code of the Russian Federation) and related to the crime committed (for example, committing a crime due to a combination of difficult life circumstances or motivated by compassion, a particularly active role in the commission of a crime) are also taken into account when determining the degree of public danger crimes.
Personal information that must be taken into account when sentencing includes information characterizing the guilty party that the court has at its disposal when passing a sentence. These may, in particular, include data on the family and property status of the person who committed the crime, his state of health, behavior at home, whether he has dependent minor children, other disabled persons (spouse, parents, other close relatives). Based on the provisions of Part 6 of Article 86 of the Criminal Code of the Russian Federation, courts should not take into account as negatively characterizing the personality of the defendant data indicating that he has a criminal record expunged or expunged in the prescribed manner.
Another comment on Art. 13.8 of the Code of the Russian Federation on Administrative Offenses
1. The object of the offense provided for in this article is the procedure for protecting radio reception from industrial radio interference.
2. The objective side of this offense consists of the action of manufacturing, selling or operating technical equipment that does not comply with the standards or regulations governing permissible levels of industrial radio interference. Industrial interference, in accordance with Article 33 of the Law of the Russian Federation of December 27, 1991 “On the Mass Media,” refers to artificial interference that occurs during the operation of technical devices in the process of economic activity. The Decree of the Government of the Russian Federation of September 8, 1997 approved the Regulations on the protection of radio reception from industrial radio interference.
3. Subjects of the administrative offense provided for by this article can be citizens, as well as officials and legal entities.
4. Guilt in committing this offense can be either intentional or careless.
