Why is it a criminal offense to falsely report an act of terrorism?

Knowingly false reporting of an act of terrorism is one of the most common and serious offenses, and the most discussed one these days. Often this crime is committed by teenagers who have not reached the age of majority. The consequences of the crime are very difficult to imagine, but they are very harmful and dangerous. This article will answer the following question: why is it a crime to falsely report an act of terrorism?

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General characteristics of the crime

A knowingly false report of an act of terrorism means a false premeditated notification of impending actions that are dangerous to society, as a result of which there is a likelihood of death of people or significant damage to property, including its complete destruction. Often, the circumstances of a planned terrorist act are invented by an informer who, as a rule, is not capable of committing an offense.

This crime is regulated by Article 207 of the Criminal Code of the Russian Federation. The commentary attached to Article 207 of the Criminal Code of the Russian Federation informs that the danger of a crime is due to:

• the possibility of panic;
• disruption of the functioning of the transport system and labor activities of organizations;
• the need to spend a large amount of time and material resources, because After receiving false reports, law enforcement officers are forced to carry out search activities.

It is worth noting that reporting an alleged terrorist act is not considered under Article 207 of the Criminal Code of the Russian Federation.

In 2003, the Republic of Dagestan recorded a record level of such crime - 55 cases of false deliberate denunciation.

As a rule, deliberately false and deliberate reporting of an act of terrorism is carried out on the basis of religious, political beliefs, as well as the personal and selfish motives of the informer. In addition, an atrocity can be committed with the aim of organizing public terror. Each of these factors is considered during the investigation and affects the final verdict.

False report of a terrorist attack: consequences

A citizen can only assess the severity of the unlawful act we are considering by focusing on such a designation as “knowingly false report.” To put it simply, it is the fact that the criminal, reporting an allegedly impending crime, knows that nothing will actually happen, and determines the severity of the law governing this issue.

The result of a knowingly false report about a planned act of terrorism is significant material damage caused to:

• as citizens of Russia in particular;
• and directly to the state.

Having received a message about the threat, police officers, firefighters and doctors go to the scene of the alleged incident, whose actions are aimed at preventing the consequences of the terrorist attack.

Based on a false message conveyed by a criminal to any official or representative of an organization against which the action of non-existent terrorists is directed, representatives of the following official structures are sent for certain purposes.

Table 1. Official structures traveling to the suspected site of a terrorist attack

The damage caused by a false report will affect not only the health of those people who were in the place designated by the criminals, but also those citizens who did not receive help from government agencies occupied because of your joke

Not only does moving above the designated structures itself cost considerable resources from a material point of view, in addition, since any threat of a terrorist attack may turn out to be real, an evacuation of people is required, entailing:

• feeling of fear;
• feeling of total insecurity;
• discomfort, since the area is cordoned off in a hurry, and people taken away from it are often not allowed to leave.

All of the above components cause incredible emotional stress, which subsequently leads to a deterioration in the health of citizens against the backdrop of stress.

Art. 207. Criminal Code of the Russian Federation

In addition, it must be taken into account that law enforcement agencies always determine a plan of action in a designated situation, which is based on the existence of a real threat, and therefore during operations to prevent an incident:

• various checks are carried out;
• Urgent measures are taken to search for an explosive device, for example;
• measures are being taken to prevent negative consequences.

Thus, those government bodies that could focus on fulfilling the duties assigned to them by law, in the area of ​​​​which there is a real need, are distracted and spend invaluable financial resources and human resources on preventing an imaginary threat, thereby causing irreparable damage to the entire country and its security in in general.

Law enforcement agencies are obliged to respond to your message immediately and move to the scene of the crime

Parties to the crime

For a thorough and detailed analysis of the crime, the investigation needs to determine its subjective and objective aspects. In the case of knowingly false information about an act of terrorism, the following parties are identified - the subject and object of the offense:

1. The subjective side of the offense is a false denunciation of the presence of an impending terrorist attack that threatens the safety of society. Such denunciation can be presented in different forms, including it can be anonymous. The message can be transmitted by telephone, in writing, including electronically, as well as through other persons.
2. The objective side of the offense is the informer’s intent to transmit false information to the public or authorities about an impending act of terrorism. It is assumed that a person who reports false information about an impending act of terrorism is fully aware of the fact that he is conveying information that is not true.
3. The subject of the offense is an individual who makes a false denunciation of a planned terrorist act and has reached the age of criminal responsibility (in the Russian Federation - 14 years).
4. The object of the offense may be public safety, the rights of individuals and private or public organizations.

The investigation needs information such as the causes, weapon of the crime, time, place, and setting. Only after accurately identifying the parties to the crime, its subjects and objects, can investigators talk about the elements of the crime.

Judicial practice: sentences and punishment under Art. 207 of the Criminal Code of the Russian Federation

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• Decision of the Supreme Court: Resolution No. 310P13 dated... DECISION OF THE PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 310-P13 Moscow January 23, 2014 Presidium of the Supreme Court of the Russian Federation...
• Judicial Collegium for Criminal Cases, appeal:... THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 72-APU 17-21 APPEAL DECISION Moscow October 04, 2021 Judicial Collegium for Criminal Cases...
• Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENARY OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION of November 15, 2021 N 48 ON THE PRACTICE OF APPLICATION BY COURTS OF LEGISLATION GOVERNING FEATURES...
• Ruling of the ECtHR dated 02/14/2017 EUROPEAN COURT OF HUMAN RIGHTS THIRD SECTION CASE “MASLOVA VS. RUSSIAN FEDERATION” (Complaint No. 15980/12) JUDGMENT…
• Resolution of the Presidium of the Supreme Court of the Russian Federation dated... PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated December 5, 2018 N 126-P18 ON RESUMING PROCEEDINGS IN THE CASE DUE TO NEW...
• Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENAUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated June 25, 2021 N 18 ON JUDICIAL PRACTICE IN CASES OF CRIMES,...
• Cassation ruling of the Judicial Collegium on... THE SUPREME COURT OF THE RUSSIAN FEDERATION CASSATION DECISION dated October 11, 2021 N 83-UD18-15 Judicial Collegium on criminal cases of the Supreme Court...
• Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENAUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated December 17, 2021 N 43 ON SOME ISSUES OF JUDICIAL PRACTICE IN CASES...

Additional aspects of the crime

Additional parties to this crime are the recipients, that is, persons who receive knowingly false information about terrorist actions from the informer.

They may be:

• law enforcement and public safety authorities;
• authorities;
• management of influential organizations (business centers, shopping centers);
• press service management.

The informer commits this offense for the purpose of making information public. Therefore, as a rule, individuals are not the recipients of denunciations.

Existing penalties

For a knowingly false denunciation of an act of terrorism committed by a person or group of persons who have reached the age of fourteen, there are several types of punishment regulated by Article 207 of the Criminal Code of the Russian Federation, Part 1 (as amended on February 19, 2021):

• fine up to 500 thousand rubles;
• correctional labor – no more than 3 years;
• arrest for up to 6 months;
• restriction of freedom – no more than 3 years.

If the offender has not reached the age of fourteen, all of the above penalties do not apply to him.

In accordance with Part 2 of Article 207 of the Criminal Code of the Russian Federation, the above act, which entails damage or destruction of property, is punishable:

• a fine of up to 700 thousand rubles;
• imprisonment - up to 5 years.

As a punishment for persons under the age of majority, sanctions may be applied in the form of expulsion from the educational institution in which the culprit is studying, as well as the imposition of responsibility on the parents of the culprit.

Responsibility for a false report of terrorism under the Criminal Code of the Russian Federation and in practice

Any person making such calls probably does not fully understand what consequences an innocent call will bring for him, which, in his opinion, should simply disrupt lectures or cancel an exam. The reaction to it will follow immediately. This should be for the benefit of saving people, and other services will be involved in identifying the caller. And, as practice shows, they find it quickly enough.

Attention! Responsibility for knowingly making a false report about an act of terrorism means the end of your studies, career and a long stay in prison. Moreover, since December 2021, a law has come into force providing for serious amendments to Articles 205 and 207 of the Criminal Code, relating specifically to these violations . Depending on the severity of the consequences of a “harmless” call, you can go to jail for ten years.

The new law provides new degrees, which correspond to certain sentences for false reports of terrorism.

1. First degree. Fine from two hundred to five hundred thousand rubles, forced labor for three years. In this case, imprisonment is not provided.
2. The second degree concerns reports of mines in schools, kindergartens, hospitals, banks, and train stations. For this, fines from half a million to seven hundred thousand rubles or imprisonment for up to five years are possible.
3. The third degree, which concerns violation of the usual operating hours of government bodies and institutions. These are city governments, various departments. Then the accused faces a fine of up to a million rubles or imprisonment for eight years. It is known that over the past two years the State Duma was “mined” twice. The criminals were detained, but the consequences for them have not yet been reported.
4. The fourth degree is punishable when a false life-saving call results in the death of at least one person. And it doesn’t matter whether it was a person from the rescue service or a simple passer-by. The culprit will have to pay about two million rubles or go to jail for up to ten years.

Cases of telephone terrorism have become more frequent recently, so the government is forced to take such measures. The scary thing is that most adequate, adult people continue to believe that their call is nothing more than a harmless joke.

Case from practice

A young girl, wanting to stop her lover, called the police and reported that there was a bomb on the train. The beloved, of course, was temporarily delayed while the train was checked. Well, the girl now faces five years in prison. No love is worth such sacrifices.

Prevention measures

It is almost impossible to prevent such crimes. In order to reduce the number of false reports of acts of terror among young people, educational institutions are holding events aimed at explaining this law and informing about the possible consequences of the offense for the public and for the offenders themselves.

Participating in the information process are:

1. Teachers of schools and higher educational institutions.
2. Parents of teenagers.
3. Guardianship workers.
4. Juvenile law enforcement officials.

School students take part in class hours devoted to the problem, prepare reports and abstracts. Parents, teachers and school psychologists conduct individual educational conversations with students.

The acquittal

Article 207 of the Criminal Code of the Russian Federation does not consider cases in which:

• the person had fictitious information about the preparation of a terrorist act;
• the person did not have the intention to provide knowingly false information, because it was misled by another person.

In all of the above cases, a person is not liable in accordance with Article 207 of the Criminal Code of the Russian Federation, since this does not apply to knowingly false information.

Accordingly, if the person who committed the crime was misled, he will not be held accountable.

Cases of an offense

There are many examples in judicial practice when false denunciations about an impending terrorist act led to serious consequences:

1. In 1995, in Rostov-on-Don, a man contacted the FSK department. He said that he would turn off two mines with which he plans to blow up a regular bus if he is paid 200 thousand rubles. As a result of illegal actions, the man was detained and faced a sentence of 4 years in prison. The motive in this case turned out to be a banal lack of material resources, and all activities were based on the desire to earn money. At the same time, more than 7 million rubles were spent on activities to search and detect explosives.
2. In 1996, a man called a Voronezh hospital and reported explosives in the building. More than 100 patients were evacuated, including patients who were in serious condition. As a result, one person died and important operations were suspended.
3. In the same 1996, the administration of Vnukovo-1 airport received a call reporting a bomb threat. Everyone inside the airport building was evacuated and flights were delayed.

Any case where there was a false report of an impending act of terrorism was accompanied by losses of various kinds.

In some cases, these losses were material, and in others, false denunciations led to the death of people. Therefore, it is difficult to disagree with the fact that this crime is quite dangerous for modern society.

Telephone terrorism

Let's be honest. You have long known that it is easy to catch you - whether you call from your father’s cell phone or even, imagining yourself to be geniuses of telephone attacks, use a telephone booth for your own purposes. Declassifying a call from telephone operators is a matter of a few minutes. As a rule, the conversation itself is recorded, and after that it is useless for the child to deny that it was not him. In cases of calls from a telephone booth, an “adult system” of voice scanning is used, similar to the one that was used during negotiations with Basayev. This means that the punishment will be serious.

Voice identification is a difficult matter, but the Forget-Me-Not system continues to work. First, they will find the booth where the person called from, then they will determine the number of the card that he used in the false call, and by the card number they will find the person who bought it. Then it's a small matter - the attacker is presented with a recording of his voice. Even if he spoke through a cloth, his voice is identified. Just a few fragments of phrases are enough.

Very often, “bomb threat” calls are made by minors. Some are interested in seeing how quickly special services will respond to a call, some are thinking of avoiding an unfavorable assessment by failing a test, and others just want to “make a joke”...

Telephone terrorism is a time bomb. Each time, sappers and law enforcement officers had to go to the site of the alleged explosion, taking with them special equipment. Not a single call was confirmed. But each such trip costs a lot of money, not to mention the disruption of the work of this or that enterprise.

According to Article 207 of the Criminal Code of the Russian Federation, a “telephone terrorist” faces imprisonment for up to 3 years. Criminal liability for committing a crime under Article 207 of the Criminal Code of the Russian Federation accrues to a person who has reached 14 years of age at the time the crime was committed.

In addition, reports of terrorist attacks have an extremely negative impact on mentally unstable people. Each terrorist attack is followed by a surge in so-called “telephone terrorism”—anonymous calls reporting bomb attacks. Almost all of these reports are false. But the corresponding services are starting to work at full capacity. Large forces are involved: rescuers, dog handlers, police, ambulances, firefighters, investigators, special services specialists, etc. After all, until the end of the check, you cannot be sure that this is someone’s cruel joke. Although these actions can be called a “joke” very conditionally. Hooliganism too. The Criminal Code provides for much more severe punishment for this. And if someone decides to “make a joke,” they must remember that they are committing a criminal offense. And identifying the “joker” with the modern level of development of electronic technology is becoming increasingly easier. There are already automatic voice identification devices that are capable of literally “calculating” the owner of a voice from scraps of phrases based on intonation features hidden to the ordinary human ear. The Russian Ministry of Internal Affairs is working to create a data bank on the owners of “criminal voices.” The Moscow Department of Internal Affairs in Transport has already implemented and is successfully operating a phonoscopic laboratory, capable of determining the appearance of the person calling by the characteristics of an anonymous voice, even if he deliberately distorted his voice. Determining the telephone number, both regular and mobile, from which the call was made is not particularly difficult. Payphones also do not provide anonymity after the introduction of calling cards.

As a result, the number of punishments for “telephone terrorism” is growing. Most “telephone terrorists” are children and teenagers. Their goal, as a rule, is to disrupt school activities. However, I would like to remind you that unprepared lessons are an extremely dubious reason to report a “bomb” to the police. This call can cost a pretty penny. Regardless of the student’s age, his parents (legal representatives) (due to the lack of his own property and income) are held liable for material damage associated with the organization and conduct of special events to verify received threats (Article 1073, 1074 of the Civil Code of the Russian Federation) . A false report of a terrorist act also entails disorganization of the educational process, and therefore, if in the Charter of an educational institution such actions of students are qualified as gross violations, then for this a student who has reached the age of 15 may be expelled from the educational institution (clause 7 of article 19 of the Law of the Russian Federation “On Education”).

“Knowingly false information about an impending explosion, arson or other actions that create a danger of death of people, causing significant property damage or other socially dangerous consequences is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen.” months, or correctional labor for a term of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to three years” (as amended by Federal Law No. 162-FZ of December 8, 2003).

Once again about Responsibility for knowingly false reporting of an act of terrorism (about a bomb threat). Liability is established by Article 207 of the Criminal Code. This article provides for various punishments depending on the level of damage and other circumstances - 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, or correctional labor for a period of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to three years. Responsibility under the article. 207 of the Criminal Code of the Russian Federation begins at the age of 14, but if the caller is not yet 14, then his parents (legal representatives) are brought to administrative responsibility for failure to fulfill the duties of maintaining and educating minors. Administrative liability entails a warning and a fine. And teenagers are registered with juvenile affairs units.

And now liability for telephone terrorism will be tightened. The State Duma intends to pass a bill aimed at tightening criminal liability for knowingly false reports of acts of terrorism. According to the document, these actions are punishable by a fine in the amount of fifty to three hundred thousand rubles, or restriction of freedom for a term of up to three years, or arrest for a term of six months to one year, or imprisonment for a term of one to five years. According to deputies, these changes will help increase the legal responsibility of citizens in the face of the terrorist threat and reduce the number of anti-terrorist measures that have no real basis.

And further. Ignorance of the law is not an excuse. So, dear parents, talk to your children. Telephone terrorism is not a joke, but a crime.

Article 207. Knowingly false report of an act of terrorism.

1. Knowingly false information about an impending explosion, arson or other actions that create a danger of death, causing significant property damage or other socially dangerous consequences, -

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or by corrective labor for a term of one to two years, or by restriction of freedom for a term up to three years, or forced labor for a term of up to three years, or arrest for a term of three to six months, or imprisonment for a term of up to three years. (as amended by Federal Law dated December 7, 2011 N 420-FZ)

2. The same act, which entailed the infliction of large damage or the onset of other grave consequences, -

shall be punishable by a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of eighteen months to three years, or by imprisonment for a term of up to five years. (Part 2 introduced by Federal Law dated 05.05.2014 N 98-FZ)

Note. In this article, major damage is defined as damage the amount of which exceeds one million rubles. (note introduced by Federal Law dated 05.05.2014 N 98-FZ)

The danger of this crime lies in the disorganization of the activities of authorities and law enforcement, the diversion of forces and resources to verify false reports, and the infliction of material damage caused by disruption of the normal rhythm of work of organizations, institutions and vehicles. Only knowingly false reports about an impending act of terrorism constitute a crime. Therefore, knowingly false reports about allegedly committed acts of terrorism or about the intention of certain persons to commit such an act do not entail liability under the commented article (in the latter case, liability for knowingly false denunciation occurs - Article 306 of the Criminal Code).

Since the methods of committing a crime in terrorism and sabotage are basically the same, and this article indicates the onset of liability for false information about impending explosions, arson or other actions that create a danger of death, causing significant property damage or the occurrence of other socially dangerous consequences, without linking them with information about the goals of the acts being prepared, liability under the commented article also applies for knowingly false reporting about an act of sabotage being prepared.

The forms and methods of reporting knowingly false information do not affect the qualification of the crime; it is enough for the person to be confident that his message will achieve its goal. The crime is considered completed from the moment of notification to the addressee.

A statement about an impending terrorist act, made publicly with the aim of defaming a citizen without counting on the response of government authorities to prevent it, entails liability for libel (Article 129 of the Criminal Code). If the person reporting about the impending act allows the authorities and management to act to prevent it and at the same time falsely accuses specific individuals, his actions are subject to qualification according to the totality of the commented article with Art. 129 of the Criminal Code (slander), or Art. 306 of the Criminal Code (deliberately false denunciation), or Art. 282 of the Criminal Code (incitement of national, racial or religious hatred), depending on the circumstances of the case.

A knowingly false report about an impending act of terrorism, made in order to divert attention from a truly impending act of terrorism, by a person participating in its preparation does not require additional qualifications under the commented article. These actions are covered by the disposition of Art. 205 of the Criminal Code (terrorism) as part of the preparation or commission of an act of terrorism.

When a threat was received by telephone, the telephone became the main channel for messages about planted explosive devices, taking people hostage, extortion and blackmail. As a rule, the factor of surprise, the resulting panic, and sometimes even shock, and the information received itself lead to the fact that a person is unable to correctly respond to a call, assess the reality of the threat and get the maximum information from the conversation.

If someone’s phone has previously received calls threatening a terrorist attack or there is reason to believe that they may receive one, it is imperative to install an automatic caller ID (Caller ID) and a sound recording device on the phone. If you have a Caller ID, you must immediately write down the determined telephone number in a notebook, which will avoid its accidental loss. If you have sound recording equipment, immediately remove the cassette (mini disk) with the recording of the conversation and take measures to ensure its safety. Be sure to install another cassette in its place. It must be remembered that without the caller’s number and the audio recording of the conversation, law enforcement agencies will have very little material to work with and there will be no evidence base for use in court.

In the absence of sound recording equipment and caller ID, the following actions will provide significant assistance to law enforcement agencies to prevent the commission of crimes and search for criminals:

- try to remember the conversation verbatim and record it on paper; - during the conversation, note the gender and age of the caller, speech characteristics (voice - loud or quiet, low or high; rate of speech - fast or slow; pronunciation - distinct, distorted, with a stutter, lisp, with an accent or dialect; manner of speech - cheeky , mockingly, with obscene expressions); - be sure to also note the sound background (the noise of cars or railway transport, the sound of television or radio equipment, voices); - try to determine the nature of the call - local or long-distance; — be sure to record the exact time the conversation started and its duration.

During the conversation, you need to get answers to the following questions:

- where, to whom, what phone number is this person calling; — what specific demands does he (she) put forward; - personally or acts as an intermediary or represents a group of persons; - on what conditions he (she) or they agree to abandon the plan; - how and when you can contact him (her). We have to admit that the main source of “telephone terrorism” is children. Dear parents, try to explain to them that “joking” on the phone entails liability under criminal and administrative legislation, and distracts the attention of police officers, since a lot of effort and money goes into visiting and checking false reports.