Article 307. Knowingly false testimony, opinion of an expert, specialist or incorrect translation

1. Knowingly false testimony of a witness, victim, or the conclusion or testimony of an expert, testimony of a specialist, as well as deliberately incorrect translation in court or during pre-trial proceedings -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by arrest for a term of up to three months.

2. The same acts, combined with accusing a person of committing a grave or especially grave crime, -

shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

Note. A witness, victim, expert, specialist or translator are exempt from criminal liability if they voluntarily, during pre-trial proceedings or trial, before a court verdict or court decision, declared the falsity of their testimony, conclusion or knowingly incorrect translation.

• Article 306. Knowingly false denunciation
• Article 308. Refusal of a witness or victim to testify

Article 307 of the Criminal Code of the Russian Federation

Article 307 of the Criminal Code of the Russian Federation establishes periods of punishment for an illegal act. In determining its duration, the qualification of the criminal act according to its composition is decisive.

We can talk about falsity of testimony if the information conveyed to the competent authorities is distorted. In addition, information is suppressed. For example, a witness speaking in court does not say that there were third parties at the scene of the unlawful act. Or an expert describing a woman’s injuries is silent about the presence of signs of rape.

Responsibility for these actions occurs if they are committed in the course of procedural actions within the framework of the law. Based on this, giving information that is knowingly false cannot be considered a crime if the information was received by a person who does not have the right to do so. Or, if none of those who provided incorrect data were warned of possible liability for this.

In terms of the elements of the crime, they are formal. It is taken into account that the crime is over from the moment of testimony.

Commentary to Art. 307 Criminal Code

1. The objective side is expressed in the form of actions to give deliberately false testimony, conclusion or incorrect translation. Deliberate falsity means that the relevant information is completely or partially untrue. False information is invented or distorted, true information relevant to the case is not reported (reporting fictitious facts, concealing essential details of the crime, etc.). These actions are carried out during the proceedings at the stage of pre-trial or judicial proceedings. Incorrect translation consists of deliberate distortion of the true content of the information being translated. These actions, combined with accusing a person of committing a grave or especially grave crime (Part 2), form a qualified crime.

2. The crime is recognized as completed from the moment of giving false testimony, the conclusion of an expert, specialist or incorrect translation.

3. Giving knowingly false testimony of a witness, explanations of a specialist, expert opinions or knowingly incorrect translation in proceedings on an administrative offense or in enforcement proceedings are qualified under Art. 17.9 Code of Administrative Offenses of the Russian Federation.

4. The subjective side is characterized by direct intent, implying the awareness that the testimony and conclusions are false, and the translation is incorrect.

5. Special subject: a person recognized as a witness, victim, expert, specialist or translator in the case. Similar actions of a civil plaintiff, a civil defendant, their representatives, a suspect, an accused, who, when questioned about the circumstances of the case, give false testimony, are not subject to qualification under this article.

6. The note provides a special basis for the release from criminal liability of persons who have committed this crime. This is possible if they voluntarily, during the inquiry, preliminary investigation or trial, before a court verdict or court decision is made, declare that their testimony, conclusion, or deliberately incorrect translation is false.

Types of liability for giving knowingly false testimony

Articles 306, 307 establish the types of liability for the offense in question. Help them - the provisions of the Code of Administrative Offenses.

The objective side of Article 307 of the Criminal Code of the Russian Federation

The objective side of a wrongful act lies in the dangerous actions it entails. In particular, law enforcement agencies are being misinformed. And also the courts: this concept includes the giving of deliberately false information by witnesses and experts at a meeting.

The fact that information is false can be said if it is distorted or if data that accompanied the commission of an unlawful act is not provided.

Testimony that is illegal is those that relate to the subject of proof and have a direct impact on the court’s sentencing of a person.

IMPORTANT: all persons who may be charged for giving evidence that is false in advance must be warned of liability. This is a mandatory requirement, without which sanctions under articles of the Criminal Code of the Russian Federation cannot be imposed on a person.

The subjective side of Article 307 of the Criminal Code of the Russian Federation

The subjective side of a criminal act is characterized by the guilty actions of a citizen in the form of direct intent. This is indicated by the falsity of the testimony. The man realized and understood in advance that he was telling a lie. To qualify a crime, its motives have no significance.

The subject of the offense in question is special. The Criminal Code establishes responsibility from the age of 16. Offenders may be persons specified in Art. 307:

• translator;
• the person who is the victim in the case;
• experts;
• witness;
• specialist.

REFERENCE: persons who participate in the consideration of a criminal case, if they are under 16 years old, will not be punished!

In Art. 307 contains a note. It states that all of the listed persons are not liable if they voluntarily, during the inquiry and investigative measures, admitted that they gave false testimony. Or an incorrect translation was made. But the obligatory condition is that they must do this before the trial.

Object of crime under Article 307 of the Criminal Code of the Russian Federation

The object of the unlawful act is the procedure for giving evidence. It is established by the provisions of the procedural law. In addition, this is a conclusion given by an expert, the testimony of a specialist in criminal prosecution or justice. Additionally or optionally, the object of this offense is the powers possessed by citizens and legal entities acting as participants in legal proceedings or criminal prosecution.

The social danger of an offense is that the truth is distorted. Testimony given by witnesses in court, as well as specialists and experts, will not help establish the real circumstances of the case and create obstacles in this. The normal work of the court and law enforcement agencies is disrupted, since an erroneous decision may be made on a specific case.

It is necessary to understand what false testimony is in order to correctly classify a criminal act. This is information that:

1. Does not correspond to reality: in full or in part.
2. Acceptable for consideration. This means that they have been transferred to a competent person in the manner prescribed by law. In addition, they were properly decorated. If a person tells what he knows to an investigator without a protocol, this information has no legal significance. According to the Code of Civil Procedure, they do not have admissibility criteria.

Commentary on Article 307 of the Criminal Code of the Russian Federation

1. Based on the Federal Law dated December 8, 2003 N 162-FZ in comment. The following changes have been made to the article: a) the list of subjects of criminal encroachment has been supplemented with a new person - a specialist; b) the expert’s qualifications have been established not only when giving a knowingly false conclusion, but also in the event of his false testimony; c) the note is supplemented with the term “specialist” and establishes the possibility of releasing this participant in the process if the necessary conditions are met.

2. The main object of criminal encroachment is social relations that ensure the authority of the judiciary, the interests of justice in the field of investigation, consideration and resolution of cases in the order of constitutional, civil, administrative and criminal proceedings (Part 2 of Article 118 of the Constitution). An optional object can be expressed in causing harm to the honor, dignity and freedom of an individual in cases where knowingly false information relates to a specific person (Part 1 of the commentary of the article). An additional object (personal interests) must be established in all cases with qualified personnel (Part 2 of the commentary article).

3. The qualitative side of the information conveyed by a witness, victim, expert, specialist and translator is characterized by deliberate falsity, i.e. discrepancy with actual, actual circumstances. With a qualified composition (Part 2 of the commentary article), knowingly false information must relate to a specific person with an accusation of committing a serious or especially serious crime (Article 15 of the Criminal Code).

4. The recipients of receiving false information can only be officials and government bodies authorized to carry out proceedings in the case (judge, investigator, prosecutor, investigator, etc.). False testimony in arbitration and other public courts does not constitute a crime; testimony given before the initiation of a criminal case or to a person not authorized to carry out interrogation.

5. The social danger of crime lies in the fact that false testimony, conclusions and transfers impede the administration of justice, contribute to impunity for criminals or, conversely, lead to the punishment of the innocent.

6. The objective side of a crime (socially dangerous action) is expressed in deliberately: a) false testimony of a witness or victim; b) false conclusion or expert testimony; c) false testimony of a specialist; d) incorrect translation.

7. The time factor is of particular importance - these actions must be performed during the period of judicial review or preliminary investigation (inquiry and preliminary investigation).

8. The place where this crime was committed is the place where the case was considered by the court or the place where the inquiry or preliminary investigation was conducted.

9. In advance, before the start of giving information (testimony, conclusion, translation), the subject of the encroachment by the court, the inquiry officer or the investigator is explained the obligation to give truthful information, he is warned about the DA for giving knowingly false information.

10. Comment on design. the elements of the crime are formal. The crime is completed (by the elements) at the moment of performing the actions specified in the disposition of the article. The crime is considered committed at the moment the giving of false testimony, conclusion or transfer is completed and they are recorded in the minutes of the court session. False testimony, expert opinion or incorrect translation given in writing is completed at the moment the interrogation protocol is signed. Any socially dangerous consequences do not affect qualifications; they go beyond the scope of the crime, but must be taken into account by the court when assigning punishment.

11. Giving knowingly false testimony (witness, victim and specialist) means reporting in whole or in part information that distorts actual facts that are important to the case and are allowed by law as evidence. False assessments of facts do not constitute a crime.

12. A knowingly false expert opinion is expressed in incorrect answers to questions posed on circumstances relevant to the case.

13. Incorrect translation means a false presentation of testimony or documents of evidentiary value, which may harm the interests of justice.

14. The procedure for warning about the MA for giving false testimony, conclusion or incorrect translation is not a mandatory feature of the comment. corpus delicti, but its absence entails the recognition of evidence as inadmissible in the relevant criminal proceedings, which excludes the objective side of the corpus delicti.

15. The subjective side of the crime is characterized only by direct intent. The subject is clearly aware of the obligation explained to him to give truthful testimony, conclusion or translation, however, knowing about the deliberate falsity (inconsistency with reality) of the information he reports, he wants to report it to the court or the preliminary investigation authorities.

In a qualified case, the perpetrator, in addition, realizes that by giving knowingly false information, conclusion or translation, he accuses the person of committing a grave or especially grave crime.

Awareness also includes the fact of transmitting false information to an official or government body authorized to conduct proceedings in the case.

15.1. The term “knowingly” is used by the legislator to establish the clear conviction of the subject of the attack that the information he communicates does not correspond to the reality. Any honest mistake, excusable or unexcusable error is excluded from the TOS.

16. The subject of a criminal attack has, along with general ones (sanity, physical nature and reaching the age of 16), also special characteristics: only a witness, victim, expert, specialist and translator, endowed with the appropriate procedural status as participants in the process.

17. Witnesses are persons who are not involved in the commission of the crime being investigated or considered, who are not victims or a party in civil, arbitration or administrative proceedings. These are persons who may know any circumstances that need to be established in the case if they are questioned by the preliminary investigation authorities or the court.

17.1. Persons who committed crimes as perpetrators, other accomplices, or were involved in a crime as concealers or connivators are not subject to criminal sanctions due to witness immunity (Article 51 of the Russian Constitution) for giving knowingly false testimony. This also applies to persons previously convicted, who have served their sentences or who have been released from criminal justice on non-rehabilitative grounds in the event of their interrogation in separate cases of accomplices in a crime.

17.2. In Part 3 of Art. 56 of the Code of Criminal Procedure specifies persons who are not subject to questioning as witnesses.

18. For the victim, see Part 1 of Art. 42 Code of Criminal Procedure.

19. About the expert, see Part 1 of Art. 57 Code of Criminal Procedure. When an examination is carried out by several experts, the responsibility of the expert who knowingly gave a false conclusion bears the responsibility.

20. About the specialist, see Part 1 of Art. 58 Code of Criminal Procedure.

21. About the translator, see Part 1 of Art. 59 Code of Criminal Procedure.

22. Note to comments. The article provides for the release of subjects of perjury from the Criminal Code in the presence of the following conditions: a) voluntary statement about the falsity of testimony, conclusion or incorrect translation, which is a type of confession; b) a voluntary statement must be made to the preliminary investigation authorities conducting the inquiry or investigation, or to the court hearing the case; c) a voluntary statement can only take place before a verdict or court decision is made.

23. A person guilty of knowingly false denunciation and continuing his crime in the form of false testimony cannot be the subject of perjury by virtue of Art. 51 of the Constitution.

24. Cannot qualify under Art. 307 self-incrimination. The Criminal Code of the Russian Federation does not recognize self-incrimination as a crime.

25. Simple perjury belongs to the category of crimes of minor gravity, qualified - of medium gravity.

False testimony in civil law

According to Art. 30 of the Code of Civil Procedure of the Russian Federation, a person participating in civil proceedings is obliged to give evidence that corresponds to reality. Otherwise, the law provides for the consequences provided for in Art. 307 of the Criminal Code of the Russian Federation. The witness is also required to answer for testifying, but in practice this happens infrequently.

The situation is explained by the fact that the provisions of the Civil Code of the Russian Federation contain possible consequences in the event of deception by one party to the contract by the other. For example, in matters of failure to provide truthful information about a product or its expiration date. And also a message that the subject of the contract is under encumbrance.

If one party informs the other of false information that relates to the subject of their agreement, then the consequences of Art. 179 occur. GK. The transaction is declared invalid. The claim of the injured party is subject to satisfaction in court.

Arbitrage practice

The court verdict under Part 1 of Art. 307 Criminal Code of the Russian Federation No. 1-959/2017

The court heard the case of citizen I., who, together with her partner, came to the store late in the evening. A conflict arose between a man and a customer at a retail outlet. It took place outside the premises, on the street: Citizen I.’s partner and the buyer argued with each other. As a result of the quarrel, the defendant's partner was beaten.

Previously, she acted as a witness in this case. It was proven that she gave false testimony. As a result, the store's buyer was convicted. According to citizen I., he caused bodily harm to her partner. In fact, the situation developed differently.

According to court materials, it turns out that citizen I. acted in conspiracy with her partner. As a witness, despite the fact that she was warned by the preliminary investigation about giving false testimony, she provided false information. And she agreed with the accusation subsequently brought against her.

The court took into account mitigating circumstances when sentencing. In particular, she is dependent on her parents, who cannot work due to health problems. At work, a woman is characterized only on the positive side. Former athlete. She has not been brought to justice before. The court sentenced her under Art. 307, part 1 of the Criminal Code of the Russian Federation. In particular, citizen I. will pay a fine of 5,000 to the state. When punishing, the court took into account the degree of the offense - minor gravity. And also the identity of the defendant.

Judicial practice: sentences and punishment under Art. 307 of the Criminal Code of the Russian Federation

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When there is no responsibility

Is a person always held accountable if he lies? It must be remembered that it is impossible to hold a person accountable in a situation where he was mistaken regarding his testimony, and this was of a voluntary nature.

Thus, the liability of a person arising under Art. 307 of the Criminal Code of the Russian Federation, occurs in cases where criminal proceedings take place. If a claim is filed in court during legal proceedings under the civil category of legal relations and evidence is given that is false in its essence, then liability under the article in question of the Criminal Code does not arise.

A person is not held liable under Art.
307 of the Criminal Code - a witness against whom the criminal case was transferred to separate proceedings. Order a free legal consultation

Giving false testimony in a criminal case (Article 307 of the Criminal Code of the Russian Federation)

The phrase about liability for giving false testimony, familiar from feature films, has its real embodiment in the current criminal legislation.

According to Article 307 of the Criminal Code of the Russian Federation, potential sanctions may be:

• fine, up to a maximum of 80 thousand rubles;
• withdrawal of income for six months in favor of the state;
• corrective labor for up to 5 years;
• imprisonment up to 5 years.

As you can see, the state considers the consequences of this violation to be very serious and therefore quite severe sanctions are established for it. False testimony can impede the objective investigation of a criminal offense, spare those responsible for such a crime from punishment, or create a situation where charges are brought against an innocent person.

On the other hand, criminal practice does not confirm the widespread use of this criminal article. And the point here is not at all that the testimony of everyone involved in various criminal investigations is objective and truthful. This is due to the difficulty of proving not the fact of the crime itself, but the presence of intent and awareness.

Who can be charged under Article 307 of the Criminal Code of the Russian Federation?

Any criminal investigation relies, among other things, on the testimony of witnesses. This testimony may determine whether or not a particular person is charged and what sentence they receive. It is no coincidence that all witnesses at the investigation stage and during court hearings are warned against signature of possible consequences for everything they say.

In addition to testimony, when establishing the circumstances of a crime, the information provided by the victims is also important. Therefore, these persons may also become defendants under an article of the Criminal Code of the Russian Federation.

Experts are often involved in the investigation, whose conclusions help answer many questions that arise in the investigation. It is clear that the objectivity and veracity of the expert opinion may determine the direction in which the trial of the case will go and the verdict that will be rendered at its end.

Persons who may be charged also include translators involved in the language adaptation of criminal case materials, both for the investigation and for the court.

Conditions for the application of Article 307 of the Criminal Code of the Russian Federation

In order for these individuals to be charged with providing false information, the following conditions must be met:

• age at the time of providing information must be over 16 years;
• the action must be deliberate and aimed at providing an opportunity to avoid punishment for someone or to make an innocent person guilty;
• the provision of false information must be “recorded” or made during court hearings, that is, information obtained in a private conversation with an investigator will not fall under the scope of this article;
• sanctions are applicable only when considering a case under criminal law (and not any other, for example, administrative).

Most often, false testimony is intended to divert suspicion from a person accused of a criminal offense.

The legal portal bukva-zakona.com draws your attention to the fact that if any participant in a criminal investigation knew about any fact that could affect the objectivity of the investigation, but kept silent about it, then this cannot be regarded as providing false information.

The difference between providing false information and misrepresentation

There are two concepts that are close in meaning, the difference between which is very difficult to prove. This, in turn, greatly limits the judicial application of the article of the Criminal Code of the Russian Federation.

Let’s say a witness to a robbery attack on a passer-by, when describing the robber, indicates the presence of certain characteristic signs. After solving the crime and catching the offender, it turns out that none of the above signs apply to him. This is where two options are possible. The first - the witness sincerely believed in his testimony, but, as future events showed, he was mistaken. The second option is that the witness deliberately provided incorrect information about the criminal, no matter for what reason (fear, self-interest, and so on), that is, he deliberately provided false information.

The difference between providing false information and false denunciation

There is another category, such as false denunciation, which has certain similarities with the provision of false information, but is not such. A denunciation is information about a criminal offense (or the person who committed it), which actually did not happen or which happened, but with other defendants.

In fact, denunciation is an impulse to initiate criminal proceedings, while the provision of false testimony is already carried out within the framework of an ongoing case.

How to avoid prosecution under Article 307 of the Criminal Code of the Russian Federation?

The obvious way to avoid prosecution for false information during a criminal investigation is to provide only truthful information that you are confident about.

However, even if you gave false information, but voluntarily notified the investigative or court authorities about this fact, there will be no criminal prosecution against you. The only condition for this is that notification of the provision of false information must occur before a court verdict is issued in the criminal case under consideration. If you admit to giving false testimony after the decision has been made, liability cannot be avoided.

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