Gathering evidence is a mandatory stage of any business. It must respect the principles of legality and validity of actions of the persons involved in the production. Applicable law may not allow the falsification of evidence. St. 303 of the criminal code provides sanctions for the violation of this requirement. Next, consider the features of the crime.
This Statute establishes penalties for the substitution of genuine information about. Falsification may occur in the distortion, forgery of information or media.
In part one of article 303 of the criminal code of Russian Federation establishes penalties for falsification of evidence by parties to civil or administrative proceedings. To data subjects are parties, the parties ' representatives, employees, authorized to consider cases involving administrative offences.
In part one of article 303 of the criminal code the sentence can contain one of the following sentences:
In part two of article 303 of the criminal code to liability privlekayut:
For falsifying evidence these individuals may face:
If there was falsified evidence in the case about a grave or especially grave offence, or the falsification resulted in grave consequences, the perpetrators sentenced to seven years in prison with the prohibition on the replacement of posts, implementation of activities defined by the court, up to three years.
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In part four of article 303 of the criminal code fixed the penalty for the persons authorized to conduct investigative work. When the falsification of the results of activities for the prosecution of the subject, obviously innocent, or to inflict damage to the reputation, dignity and honour of persons is charged with:
The Object of attacks are public relations related to the provision of judicial purposes. Falsification of materials leading to the adoption of decisions based on distorted, false information. Such regulations do not meet the requirements of validity and legality.
In the analysis of comments to the article 303 of the criminal code it is worth noting that the experts draw attention to the fact that a key indicator of fraud is the fact of the substitution. Therefore, evidence of non-compliance with the provisions of procedure law itself, the offence under consideration the normal forms.
They can be:
Falsification recognized indication in the record about the information and about the fact (for example, about things allegedly found during the search), and about the circumstances of the execution of the event (time of transaction, persons involved, etc.).
A Crime, enshrined in article 303 of the criminal code, shall be deemed completed at the time of presentation of fraudulent evidence to be attached to the case. The recognition of it in the future is invalid shall not affect the characterization of an act as over.
The characterization of an act is performed depending on the production in which it was committed. In the first part refers to the falsification of evidence in civil and in part 2 – the criminal process.
The meaning 118 the provisions of the Constitution, civil proceedings can be conducted on the basis of the code of civil procedure, and APK. Therefore, the liability embodied in the first part of the article under review applies to the members of the arbitration process. These findings confirmed by judicial practice under article 303 of the criminal code.
Persons charged under the analyzed norm, have special features. These criteria are defined depending on the functions that implement the actors within a specific production. The first part to be responsible to involve civil plaintiff and defendant and their representatives.
According to the CPC, a preliminary investigation performed by the investigator and the investigator (article 151 of the "Jurisdiction"). According to article 303 of the criminal code are prosecuted officials falsifying evidence in the case, in their production. Illegal actions by an entity not referred to in part 2, in the presence of bases may be considered as complicity.
In part 2 provided bymandatory sentencing in the form of deprivation of the right to implementation of activities/positions established by the court. The wording of the rules indicates that this penalty may be charged only to the inquirer, investigator, Prosecutor and defender-lawyer. Another person acting in the process as a defender, including a close relative of the accused, shall not be liable for the analyzed norm.
The Subjective aspect is characterized by direct intention. Guilty understands that the actions he changes the properties of the information used in the process of investigation or imminent litigation, and wills it so.
The objective of the act may be different. For example, the falsification can be designed to attract the innocent to justice or the fence of the guilty from punishment, for the stakeholders subject material benefit. The motive may be greed, the desire to get promoted, the wrong understanding of the interests of law enforcement, imaginary justice.
They are fixed in the third part of the analyzed articles. The literal interpretation of the provisions the purpose of fraud does not matter.
Among the serious consequences resulting from falsification of evidence, be called, for example, unlawful conviction, prolonged detention or unreasonable excuse, the perpetrator in the act.
The concept, the list of persons authorised for its implementation are contained in the law No. 144.
Investigative work is carried out to:
Results of operational-search activities may be information about the execution or non-compliance with specific actions, information about the participants, procedure, timing.
As of the persons engaged in the activity of operative-investigative nature, there may be employees of divisions of Department of internal Affairs, FSB, FCS, the Federal Executive authority performing functions in sphere of the state protection, the Federal penitentiary service, bodies of control of trafficking in psychotropic and narcotic drugs and the foreign intelligence service of the defense Ministry. Only specified entities can be punished under part 4 of article 303 of the criminal code. Other participants, tacit employees in particular, can't be charged with a crime. If there is reason to their actions can be qualified as complicity or aiding and abetting.
Not to prosecute for the analyzed norm of private detectives and guards.
The Motive of falsification of the results of the activities of investigative nature to make unlawful acts of determining value has not.
In contrast to the substitution (distortion) evidence of aggravating circumstances in part 4 of article 303 do not stand out. Accordingly, if the use of a rigged result in serious consequences for the victim, the actions of the perpetrator fall within the fourth part of the norms in the absence of composition of a crime.
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