Attention!
One of the priorities of all states of the world, including the Russian Federation, is the fight against terrorism.
Article 205 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) provides for liability for committing a terrorist act, that is, committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or causing other grave consequences, in order to destabilize activities of authorities or international organizations or influencing their decision-making, as well as the threat of committing these actions for the same purposes.
In accordance with the provisions of the current legislation, other actions that frighten the population and create a danger of death, causing significant property damage or other serious consequences are understood as actions comparable in consequences to an explosion or arson, for example, causing accidents at life support facilities; contamination of drinking water supplies and food products; armed attack on populated areas, shelling of residential buildings, schools, hospitals, administrative buildings, etc.
In turn, actions that, by their nature, can cause fear in people for their lives and health, the safety of loved ones, the safety of property, etc. can be recognized as actions that threaten the population.
Along with this, the legislator, in a note to the above article of the Criminal Code of the Russian Federation, established that a person who participated in the preparation of a terrorist act is exempt from criminal liability if he, by timely warning the authorities or in another way, contributed to the prevention of a terrorist act and if the actions of this person do not contain other corpus delicti.
For committing this type of crime, criminal liability is provided in the form of imprisonment for a term of fifteen to twenty years with restriction of freedom for a period of one to two years or life imprisonment.
In addition, Art. 207 of the Criminal Code of the Russian Federation provides for criminal liability for knowingly false reporting of an impending explosion, arson or other actions that create a danger of death, causing significant property damage or other socially dangerous consequences.
The sanction of this article provides for punishment in the form of a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of eighteen months to three years, or imprisonment for a term of up to five years.
Terrorism is publicly committed generally dangerous acts or threats thereof, aimed at intimidating the population in order to influence the adoption of any decision or rejection of it in the interests of terrorists.
The basis of terrorist activity is the desire to sow fear in society, create a feeling of constant danger, instability, disorganize and paralyze the activities of state and public structures, organizations and enterprises.
Criminal liability for committing terrorism is provided for in Art. 205 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) and provides for punishment for up to 20 years or life imprisonment, depending on the severity of the crime committed.
Unlike terrorism, the punishment for knowingly false reporting of an act of terrorism (Article 207 of the Criminal Code of the Russian Federation) does not exceed three years in prison. At the same time, this crime relates to crimes of a terrorist nature, since a knowingly false report of an act of terrorism, although it does not create a real danger of the consequences characteristic of terrorism, damage is caused to public safety.
The objective side of the crime is expressed in a deliberately false report about an impending explosion, arson or other actions that create a danger of death and property damage, that is, the person knows that he is reporting information that is not true.
Messages have various forms - by telephone, in writing, through the media, computer communications and can be transmitted to various addressees, both organizations and institutions obliged by the nature of their service to respond to these messages, for example, to law enforcement agencies, authorities, and other organizations, or individual citizens.
The motives for a crime can be different: from a feeling of revenge, from hooligan motives, in order to attract attention to oneself, while the crime is always committed with direct intent, since the criminals are fully aware that they are reporting false information about an act of terrorism and wish to do so.
Despite the fact that the criminal does not have the goals that are inherent in terrorism and are specified in Art. 205 of the Criminal Code of the Russian Federation, the consequences of this crime are serious. People begin to panic and fear, and the work of institutions, enterprises, and organizations where, according to the criminal, an act of terrorism is to be committed, is suspended. To verify the fact of danger, law enforcement agencies and other services (fire, medical, etc.) are involved, people are evacuated, which, of course, entails considerable material costs.
The subjects of crimes are both teenagers and adults who commit crimes, fully aware of the consequences of their actions. Teenagers, as a rule, commit crimes in order to avoid a test, take revenge on teachers, not go to school, or disrupt an exam. Adults commit crimes largely out of a sense of revenge against employers, law enforcement officers, authorities, and sometimes out of hooligan motives while intoxicated.
Criminal liability for a crime under Art. 207 of the Criminal Code of the Russian Federation, are borne by sane persons who have reached the age of 14, that is, from this age a person can be convicted. Financial liability - compensation for damage caused in connection with the verification of a report of an act of terrorism is borne by parents for the actions of their children who have not reached the age of criminal responsibility and for a convicted minor who does not have his own source of income.
The crime is considered completed from the moment when the reported false information about the impending act of terrorism became known to the authorities and their representatives.
Sanction Art. 207 of the Criminal Code of the Russian Federation provides for the following types of punishment: a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months; compulsory work for a period of up to four hundred eighty hours; correctional labor for a period of one to two years; restriction of freedom for up to three years; forced labor for up to three years; arrest for a term of three to six months; imprisonment for up to 3 years.
Punishment is imposed taking into account the social danger and gravity of the crime committed, the identity of the offender, mitigating and aggravating circumstances.
Along with adults, crimes are also committed by teenagers who are not fully aware of their actions, and therefore educational institutions and parents are obliged to conduct explanatory conversations with teenagers about the seriousness of the consequences of their actions. It is necessary to explain that for committing a rash act, which teenagers sometimes regard as “a joke”, there are serious consequences - punishment in the form of a criminal record for persons who have reached criminal liability. A criminal record carries unfavorable criminal and general legal consequences (limitations of rights) for the person who committed the crime, for example, restrictions on obtaining a weapons license, when applying for work in law enforcement, judicial bodies and not only for themselves, but also for their close relatives, restrictions for obtaining a visa when traveling abroad, etc. A criminal record, if it has not been expunged or removed in accordance with the procedure established by law, is taken into account when committing repeated crimes and imposing punishment in the event of repeated crimes.
The consequences for teenagers who have not reached the age of criminal responsibility - 14 years old, are to register them with the juvenile affairs inspectorate, which subsequently negatively affects their personality characteristics
Memo “On responsibility for actions of an extremist and terrorist nature”
In recent years, there has been a steady increase in extremist crimes in the Russian Federation. Despite the efforts made by law enforcement agencies, extremism continues to pose a serious threat to stability and public safety in our country.
Extremism is a commitment to extreme views, positions and measures in public activities, expressed in various forms, ranging from manifestations that do not go beyond the constitutional framework, and ending with such acute and socially dangerous forms as provoking riots, civil disobedience, rebellion, insurgent activity , terrorist acts. Extremism is a broader concept because terrorist acts and terrorism are only one form of extremism.
Criminal, administrative and civil liability is provided for carrying out extremist activities.
Crimes of an extremist nature are:
1) Article 280 of the Criminal Code of the Russian Federation - public calls for extremist activities;
2) Article 282 of the Criminal Code of the Russian Federation - incitement to hatred or enmity, as well as humiliation of human dignity;
3) Article 282.1 of the Criminal Code of the Russian Federation - organization of an extremist community;
4) Article 282.2 of the Criminal Code of the Russian Federation - organizing the activities of an extremist organization.
The Code of Administrative Offenses of the Russian Federation contains three articles that provide for liability for committing an offense of an extremist nature. These are Article 20.3 - propaganda and public display of Nazi paraphernalia or symbols, Article 20.29 - production and distribution of extremist materials and 20.3.1 - incitement of hatred or enmity, as well as humiliation of human dignity, if these actions do not contain a criminal offense.
At the same time, the Code of Administrative Offenses of the Russian Federation provides for liability for other illegal actions, which may also be of an extremist nature or stem from extremist motives. These include: violation of legislation on freedom of conscience, freedom of religion and religious associations (Article 5.26); illegal actions in relation to state symbols of the Russian Federation (Article 17.10); petty hooliganism (Article 20.1); violation of the established procedure for organizing or holding a meeting, meeting, demonstration, procession or picketing (Article 20.2); organizing the activities of a public or religious association in respect of which a decision has been made to suspend its activities (Article 20.2(1)).
Criminal liability for committing crimes of an extremist and terrorist nature (Article of the Criminal Code of the Russian Federation - Maximum term (amount) of punishment):
Art. 205 Terrorist attack
— Life imprisonment
Art. 205.1 Promotion of terrorist activities
— Life imprisonment
Art. 205.2 Public calls for terrorist activities or public justification of terrorism
- imprisonment for up to five years
Art. 205.3 Undertaking training for the purpose of carrying out terrorist activities
- is punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years or life imprisonment.
Art. 205.4 Organization of a terrorist community and participation in it
- imprisonment for a term of fifteen to twenty years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term of one to two years or life imprisonment freedom.
Art. 205.5 Organizing the activities of a terrorist organization and participating in the activities of such an organization
- imprisonment for a term of fifteen to twenty years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term of one to two years or life imprisonment freedom.
Art. 206 Hostage taking
— Life imprisonment
Art. 207 Knowingly false report of an act of terrorism
— Imprisonment for up to ten years.
Art. 280 Public calls for extremist activities
— Imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years
Art. 280.1 Public calls for actions aimed at violating the territorial integrity of the Russian Federation
- imprisonment for a term of five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years
Art. 282. Inciting hatred or enmity, as well as humiliation of human dignity
— Imprisonment for up to six years.
Art. 282.1. Organization of an extremist community
— Imprisonment for a term of up to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years and with restriction of freedom for a term of one to two years.
Art. 282.2. Organization of the activities of an extremist organization
— Imprisonment for a term of up to twelve years with restriction of freedom for a term of up to ten years or without it and with restriction of freedom for a term of one to two years.
Commentary on Article 205 of the Criminal Code of the Russian Federation
1. A terrorist act is a multi-objective crime. The main target of terrorism is public safety. An additional object is the life, health, property or other interests of individuals and legal entities.
2. The objective side of the crime consists of committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or other grave consequences, or the threat of committing these actions.
2.1. Actions other than explosion and arson may consist of causing landslides, rockfalls, floods, accidents, disasters and crashes in transport, destruction of buildings, cultural and religious buildings, bacteriological, radioactive, chemical and other contamination of the area, water bodies, etc. ., which create a danger of death, causing significant property damage or other serious consequences.
3. The crime is completed (by the elements) provided that the specified actions have been committed or a threat of their commission has arisen and they have created a real danger of death, causing significant property damage, and the occurrence of other socially dangerous consequences.
3.1. The reality of the danger of the occurrence of these consequences is assessed on the basis of available materials about the time, place, situation, method of committing generally dangerous acts, expert assessments and the influence on the mechanism of a criminal attack and other, often random, circumstances (congestion of people, vehicles, animals, etc. ).
3.2. A risk of death means that at least one person was at risk.
3.3. The significance of property damage is determined on the basis of the value of the destroyed or damaged property, its quantity and significance for the victim, and the latter’s financial situation. It is not identical to the term “significant damage” used by the legislator when formulating the elements of property crimes.
3.4. Other grave consequences can be expressed in the deliberate infliction of harm to the health of citizens of varying degrees of severity, destabilization of the situation in a certain locality, stopping transport, etc.
4. Aggravating circumstances of a terrorist act (Part 2) are its commission: by a group of persons by prior conspiracy (see commentary to Article 35) or with the use of weapons (see commentary to Article 162).
4.1. The use of weapons in order to avoid arrest after the commission of a terrorist act does not constitute a qualified act of terrorism.
5. Particularly qualified elements of a terrorist act (Part 3) include the following aggravating circumstances: a) its commission by an organized group (see commentary to Article 35); b) the death of a person due to negligence (see commentary to Article 111); c) the onset of other grave consequences; d) associated with an encroachment on facilities using atomic energy or with the use of nuclear materials, radioactive substances or sources of radioactive radiation or poisonous, poisonous, toxic, dangerous chemical or biological substances (see commentary to Articles 220 - 221 and 247 - 248) .
5.1. Other grave consequences may be expressed in: disorganization of state authorities and local self-government for a long period of time; disruption of events that have important political (elections to representative bodies, referendums) or socio-cultural (major international sporting events) significance; long-term paralysis of life support facilities in populated areas; the onset of an environmental disaster; mass disease of people (epidemic) or animals (epizootic); environmental poisoning requiring rescue and restoration work; causing large or especially large material damage to the victim; causing death by negligence to two or more persons.
6. Intentional causing of death to a person during a terrorist act is not covered by terrorism and entails classification as a set of crimes with the relevant points (depending on the circumstances of the case) of Part 2 of Art. 105.
7. The subject of the criminal offense is a sane person who has reached the age of 14.
8. The subjective side of the crime is characterized by intent. The crime provided for in Part 3 is characterized by two forms of guilt: intent - in relation to actions and negligence - in relation to the occurrence of consequences.
8.1. A mandatory feature of the subjective side of a terrorist act is the presence of a special goal - influencing decision-making by authorities or international organizations.
8.2. By authorities in the disposition of this norm we mean state authorities and local governments (see Article 3 of the Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism” <1>). ——————————— <1> NW RF. 2006. N 11. Art. 1146.
8.3. International organizations mean interstate and international public institutions that are protected by international law and the international community.
9. Note to Art. 205 provides for the release from the criminal code of a person who participated in the preparation of a terrorist act in the event of his positive post-criminal behavior, unless his actions contain another corpus delicti.
9.1. A warning from the authorities should be considered timely if it is made before the start of an explosion, arson or other actions that create a danger of the consequences specified in Part 1 of the comment. article so that the authorities have a real opportunity to prevent a terrorist act.
9.2. Another way to prevent a terrorist act may involve independent actions by a person to prevent an explosion, arson, or involve other citizens in localizing harmful consequences.
10. An act of terrorism is a particularly serious crime.
