Hold off the crime by an official. What kind of punishment threatens for the unintentional harmony of the crime the subject of crime and persons who cannot be
According to the Criminal Code, not only the perpetrators of crimes are punished, but also people who cover those who have committed unlawful actions.
Exception - relatives. Against close people, among whom a spouse or spouse, parents or children enters, a person has the right to not testify.
In other cases, the coverage of crimes, Art. 316 of the Criminal Code of the Russian Federation is punishable by law.
Article
The coverage of the crime is unlawful acts, due to which justice may not be carried out over the person who committed a crime.
For such an act is provided for a sentence of article 316 of the Criminal Code of the Russian Federation.
The deliberate concealment of the crime is recognized as this in the presence of some signs:
The concealment of the crime is recognized as only if the citizen who committed an unlawful act is fully aware that it covers the criminal and deliberately assisted him and makes it difficult to work by law enforcement agencies.
At the same time, the motives of the criminal do not matter and are not taken by the court into account.
The incompleteness of a crime or its concealment belongs to the unlawful acts, for which criminal liability and other types of sentences are envisaged:
- monetary recovery, the amount of which is up to 200,000 rubles or other income of the criminal during up to 1.5 years;
- forced work, for a period of up to 24 months;
- imprisonment to six months;
- arrest up to 24 months.
Responsibility for concealing the crime carries a sane citizen who has reached the age of 16.
If the crime of the crime was committed by an official, then in this case the culprit may not be judged under Article 316 of the Criminal Code, but under Article 33 of the Criminal Code of the Russian Federation as a surprise in committing a crime. However, it all depends on qualifying signs.
What does not apply to the concealment of the crime?
The following acts are not in concealing the crime:
- if the hidiment of the crime was promised in advance - in this case, the guilty will act as an opponental act;
- if the culprit of the crime is a close relative.
In 2020, the case was considered about the unintentional murder, witnessed two citizens.
They did not know in advance about the preparing crime, but helped the guilty to hide the corpse at the request of the criminal. They plunged the body into the boat and drowned it in the middle of the river.
As a result, both citizen were on the dock. They were charged with the shelter of crimes.
During the meeting, suspects recognized their guilt. They were sentenced in the form of imprisonment, for a period of 12 months. According to Article 73 of the Criminal Code of the Russian Federation, the judge replaced the arrest with a conditional period and a trial period for 1.5 years.
The convict was also forbidden to change the place of residence for the entire test period.
The coverage of crimes is an unlawful act, for which the responsibility is provided, up to criminal, according to Art. 316 of the Criminal Code of the Russian Federation.
However, a citizen has the right not to testify against a close relative. In all other cases, a citizen who makes such an act should understand that he takes part in a criminal offense for which a real term can get.
Some persons when committing a crime, others cover criminals, but are not in a hurry to inform the police. Such behavior is dangerous for society, therefore, a special article 316 of the Criminal Code of the Russian Federation is applied. It describes the types of criminal punishment, which are used to attract persons who have undermined criminals. This behavior may even be considered complicity, because a citizen must inform the law enforcement agencies, but did not commit such, thereby exposed the risk of other citizens.
The article indicates the punishment for the coverage of crimes. It has 1 part, which describes responsibility for the covering of particularly grave acts.
Note: A person is exempt from liability for the cover of a spouse or a close relative.
Presentation and main provisions
The article for the concealment of crimes states that for the coverage of crimes threaten: fine, arrest, colony.
In what cases is applied, types of punishments and timing
For the deliberate concealment of the crime of a particularly grave nature threaten:
- fine up to 200 thousand rubles or 18 months income;
- forced work, imprisonment for 2 years;
- arrest for half a year.
Comments on Article 316
The object is a relationship related to the disclosure of a crime and the insignificance of a person who is guilty of committing it.
Comments:
- In advance, no promised covering is similarly on external signs with complicity formation, but it is distinguished by the lack of interdependence of the intents of the performer and accomplices of a particularly serious act and person carrying out.
- When sheltering, in contrast to the application, there is no preliminary promise of actions that do not affect the formation and implementation of intent when committing a crime.
- The objective side is active actions to conceal the crime, guns, objects, traces, perpetrators. This is the destruction of the place and subjects of the crime to arson, flooding, rubbing traces, through the transportation of a criminal by car, the cottages of the councils on the shelter, the directions of the authorities on the false trail.
- The crime is completed at the time of the accomplishment of a crime or guilty person, regardless of the result.
The law does not define, for what period after the offense may be charged, but in meaning this time is equal to the lonitation period until the disclosure of the act. The covering is completed with the end of active actions without depending on the conservation of the effect from those. For example, the covering in the form of a plastic surgery is completed at the time of the end of surgery, although the criminal can still hide for a long time.
- Subject - a person over 16 years old. Responsibility is not subject to a person whose spouse or a close relative committed a crime that he was covered. This is due to the moral duty and the apologative behavior of a citizen to assist a relative. If the shelter is committed by the person with the use of the service situation, then the generated additionally qualifies at 285 and 286 articles.
- The shelter is connected only with direct intent. The guilty understands the danger of Acts, his actions, wants to hide the face, subjects or traces of the crime from the police. The motive does not affect qualifications, but is subject to accounting when determining the punishment. If the face hid a crime that performed itself is not responsible for the article.
An additional object is the activities of the bodies for the disclosure of crimes, the implementation of criminal liability. The crime can be expressed in intellectual or physical assistance, provided that such actions themselves do not constitute a crime. For example, if the face deliberately sent police officers for a false track, shall be punished. If the face gives obviously false testimony to harm the criminal, it is 307 article.
The covering is punishable by the article, if committed against especially grave crimes. It is persecuted only in advance not promised act. His ending does not coincide with the moment of completion of the crime from a legal point of view. It actually ends when the activity is stopped, the guilty confessed in it.
In the abuse of official powers, it is possible to apply only 285 article in the event of a crime concealment, the covering of which is not prosecuted by law, or the actions are carried out by the subject. If officials pursue the same goals, the crime is not qualified as a covering, but as a crime against justice. The shelter is an act of little gravity. If the act is made with a preliminary collusion, the responsibility of 316 article does not occur, the option is considered.
What shows judicial practice on this article?
When the crime is hosted by police officers or other subjects, 316 articles are applied, judicial practice on which is frequent.
Examples of cases:
- Citizen W. committed theft. He knew that he would look for him, so he left the city and asked for help from his friend. He told him about the stealing and asked to hide him until the tracks were noticeable. A friend agreed. G. began to live with him, but it came to all the cities on him, he was detained one day. Friend also received a summons for the court, he had to receive a punishment for the sheltering, but since the crime of W. was not a grave, he was given only a fine.
- Citizen D. killed a man, disappeared from the crime scene. To do not find him, he went to the village to his parents, hid in an abandoned house. But it was there that the police went first to find his traces. The parents of D. did not turn out, so the police spent searches on the entire population and found D. for the covering of his parents were not judged, as they were close relatives.
- Citizen V. was raped by a citizen of Sh. He was in a drunken state, when it did, so the next morning was scared of his actions and decided to hide at his colleague. He knew that he was hiding the criminal, but when it came to arrest, began to say that he did not know that. The court managed to prove the involvement of colleagues to the shelter S., for this he got a fine.
What solutions are most often taken out by article 316?
When disaggregated on a crime or its covering, indictments are more likely. In 2017, 193 cases were held on the article, according to which 33 people were planted in prison, 31 conventionally lost freedom, 107 received a fine, 2 - compulsory work and forced measures to be insane.
What is most often aggravating and softening circumstances
Article 316 of the Criminal Code of the Russian Federation shows only mitigating circumstances - the fence of a relative or spouse. Also criminal liability is not subject to disagreement of non-grave crimes. The aggravating circumstances can be selected by the court from the Criminal Code submitted in a separate article.
ST 316 of the Criminal Code of the Russian Federation.
Not a promised feeling of especially grave crimes -
shall be punished with a fine in the amount of up to two hundred thousand rubles or in the amount of wages
fees or other income convicted for the period up to eighteen months or forced
work for up to two years, or arrest for up to six months, or imprisonment on
term up to two years.
Note. The person is not subject to criminal liability for not promised in advance
Help the crime committed by his spouse or close relative.
Comment to Art. 316 Criminal Code
1. The objective side is expressed in the form of actions in advance not promised by the hardening of particularly serious crimes, which manifests itself in concealing the fact of such a crime, objects, traces, persons who committed a crime, the destruction of crime guns, etc. In contrast to the complicity formation, the action on time security is promised and committed after committing a crime.
2. The covering of a particularly serious crime by giving knowingly false testimony or refusal to testify the testimony qualifies under Art. 307, 308 of the Criminal Code, respectively.
3. In the note it is provided that the person is not subject to criminal responsibility for the prechehead of the crime committed by his spouse or close relative, which corresponds to the provision of part 1 of article 51 of the Constitution of the Russian Federation.
Second comment to Art. 316 of the Criminal Code of the Russian Federation
1. The sheltering represents the concealment of a criminal, funds or tools for committing a crime, traces of a crime or subjects extracted by criminal means, as well as the acquisition and marketing of such subjects. The coverage of the criminal is the concealment of the person who committed a crime (providing asylum or vehicle, a change in its appearance, supplying a false or foreign passport). Under the shelling of funds or instruments of the crime is understood either their concealment (transfer to another place, straightening, etc.), or their destruction or change of appearance. Hiding traces of a crime means their destruction (for example, blood clogging at the crime scene, car repair after the arrival). In order to cover the crime, objects extracted by criminal can be either hidden or implemented.
2. The crime is considered to be completed from the moment the appropriate action of the fee.
3. The subjective side is characterized by direct intent.
4. The subject of the crime is a person who has reached the age of 16.
5. A person is not subject to criminal liability for a pre-promised fencement of the crime committed by his spouse or a close relative (parents, children, adoptive parents, adopted, native brothers and sisters, grandfather, grandmother, grandchildren).
An article of the Criminal Code for the cover of crimes provides for the opportunity to accuse a person in counteracting the law in the presence of certain circumstances. The covering and participation in it of an extraneous person may be different. Depending on situations, the degree of responsibility and the volume of alleged responsibility differs.
Article 316 of the Criminal Code - Help
Specifically provides for the coverage of crimes in various forms, manifestations, as well as the degree of participation. The main factor here is that there was no prior agreement between the person and the performer. The person accused of this article is most often a random witness.
Another significant moment is the concealment of a particularly serious crime. However, the main thing is that the actions should occur without prior arrangements before violating criminal law.
The composition of the Act
The norm of the criminal law on each of the factors has its own characteristics that distinguish it from other acts.
An object
Under the facility of the Damage on the crime under the Criminal Code, it understands the relationships that arise after the investigation.
Hiding, as well as participating in it is a direct obstacle to a quick, full, reliable proceedings for law enforcement agencies. Here The object is public relations during the investigation.
Objective side
- The harness of the very fact of a perfect criminal case;
- Hiding a person guilty of particularly gravily offense;
- Concealment and destruction of guns and additional devices that are directly related to a perfect criminal violation;
- Getting rid of traces;
- Arson or destroying the place where a serious act was committed;
- Carrying out the transportation or sale of things with traces or abducted during a serious misconduct;
- Providing qualified assistance to methods or methods of disclosure of crimes (refers to officials or legal entities);
- The provision of false information or testimony to the investigative authorities.
Subject
When the sheltering was committed by an official who applied his official position or authority, to, the situation and Civil Code can be applied to the aggregate: abuse of official powers and exceeding official powers.
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Subjective side
Here, only direct intent can act as a subjective side. About any indirect intention and speech does not go. The person who has become a performer of actions hiding the crime must initially know how he was originally perfect act and the consequences of their own actions to conceal the culprit. That is, the face must understand that its actions it helps the perpetrator, to avoid legitimate punishment.
The motive that prompted a person to take part in such events will not affect the qualifications of his actions. At the same time, which prompted this motivation may affect the punishment that the court appoints.
Legal characteristic of the crime
Incomponation of a committed crime in accordance with the Criminal Code will be completed at the moment when at least one action will be implemented to conceal the fact of the actor actor. Even if the expected result does not come, and the investigative bodies will reveal, including a secondary intention, the qualifications of the actions of an outsider participant will occur according to.
The legislation, for this norm, is not defined by the time period, during which the action can be carried out. Without additional legal clarifications, it is assumed that this is possible throughout the statute of limitations from the day the implementation of a particularly serious act.
Features
The criminal legal norm on the shelter can only be applied to particularly grave crimes.
The investigator cannot apply such an article towards medium severity. Here is the maximum that it is permissible to permissive. Investigative bodies should be remembered: the actual concealment ceases at the time when state authorities have become aware of a committed crime or when they have identified the perpetrator.
Before you to impose a concealment to a person, you need to make sure that at the time of the action that impedes the investigation, he fully aware of the consequences. The covering is permissible exclusively with the direct intent of the face to create an obstacle, hide the fact or the most responsible crime.
Provided punishment
For the coverage of the criminal, according to the norms of the Criminal Code of the Russian Federation, several types of punishment are envisaged:
- Fine up to 200,000 rubles;
- A fine in the amount of sn or other income of the perpetrator for the period up to 18 months;
- Forced work for a period of no more than 2 years;
- Arrest, maximum for 6 months;
- Imprisonment for no more than 2 years.
Legal comment on the article
Existing lawyers pay attention to that, on this legal norm, the actions of a person who directly participated in the commission of a grave act could not be qualified.
As an example: Petrov S. and Sudins K. committed murder. In causing serious damage aimed at death, both participated. Sudins K. After committing criminal action, took measures to conceal the traces. To the shipyard K. can not apply the norm, because he is not just a fear of criminal act, but also by his immediate performer.
Special attention has been drawn to the fact that help in concealment, from other persons can manifest itself not only in physical actions or material things, but also intellectual knowledge.
Arbitrage practice
In the Leninsky District Court of Irkutsk, a criminal case was considered on the charges of I.S. in committing a crime of software. During the consideration, the court found that I.S. Being in the apartment knew about the perfect N.N. killing citizen A. B. In order to assist avoidance of N.N. criminal responsibility I.S. accepted active actions together with N.N. At the shelter of a perfect particularly heavy misconduct without prior agreement. Directly by I.S. Helped wash the floor of the apartment from the blood traces, put a rag with blood on the trash. Also provided physical assistance in the removal of the corpse of A. B. From the apartment and its loading in the UAZ car, belonging to the convict N.N.
Later in I.S. It was possible to inform law enforcement agencies about the killing and personality of the perpetrator, but he did not. At the court hearing the defendant I.S. The blame acknowledged completely. In addition, Vina I.S. Proved testimony of witnesses and collected materials.
The court recognized I.S. Guilty of committing a crime in and sentenced him to imprisonment for a period of 6 months with a sentence of a penalty in the colony of the general regime.
Communication of Article 316 of the Criminal Code of the Russian Federation with criminal acts
The composition and legal characteristics of the crime are very similar to such acts as complicity and aiding.
The difference here consists in the time period. And complicity, and the feasibility suggest contractual relations between criminals who have arisen before the implementation of a serious act.
In the case of a shelter, the situation is different. Holding actions were made after the crime was carried out without prior arrangements. There is no mutual conditionality between the intent of the primary act and the participation of a third-party person.
1. In advance, not promised hiding hard or a particularly serious crime, shall be punished for up to three months or
restriction of freedom for up to three years, or imprisonment for the same period.
Not subject to criminal responsibility for not the promised coverage of the crime member
families or close relatives of the face committed
crime, whose steep is determined by law.
1. The covering of the crime is intentional
activities that are expressed in active actions
aimed at ensuring the fact of crime or face,
his committed, did not become a law enforcement
On the concepts of the ratio- and-and-a serious crime - see a comment to Part 4 and Part 5 of Art. 12 CC.
In advance, the promised shelter is a covering, which is performed at the time when the performer
preparing for committing a crime or makes an attempt on a crime, i.e. These actions are treated as complicity community.
Not a promised fence in advance - this consent
to accomplish actions aimed at covering the crime, i.e. Such actions are committed after the Contractor committed a crime. Such activity is a type of touch to a crime, since it is already carried out
after committing a crime by the Contractor and does not reside with this fact in the causal connection.
In advance, not promised felling gives grounds
for accusing a person in committing a crime provided for by Art. 396, only when it is connected
with the commission of a grave or particularly serious crime.
2. The objective side of the crime is expressed in the shelter:
a) a criminal (providing him asylum, fake documents, changing its appearance, etc.);
b) guns and means of committing a crime (concealment,
destruction or change of their appearance); c) traces
crimes (destruction, concealment); d) objects extracted with criminal means (conservation, concealment, alteration, etc.).
The crime is recognized as completed from the moment of the performance of these actions, regardless of
does the subject of the subject. The coverage of the crime is a crime, the flow of which can
be suspended by the completion of the sheltering or
the disclosure of that crime that is covered.
3. The subjective side of the crime is characterized by fault in the form of direct intent. The guilty is aware that
hides from law enforcement agencies or the means of committing a crime, its traces or items,
derved by criminal, and wishes to do so. purpose
crimes - prevent law enforcement
organms to disclose the crime. The motives can be the most diverse: a care, desire to avoid criminal responsibility, etc.
4. The subject of the crime is a physical impaired person from 16 years.
The coverage of the crime, connected with the further acquisition or sale of property, is deliberately minted by criminal means, it helps the totality of crimes provided for by Art. 396 and art. 198. According to such
the same aggregates will qualify the actions of the perpetrator, which acquired property deliberately mined
criminally, and this most pursues the purpose of covering the crime.
It does not make up the harmony of the crime promise
persons after committing a crime to hide it if
no action in this direction was performed.
Can not be considered as a hiding use of the subject of a crime (wearing stolen
decorations, for example). If the use of the subjects of the crime in itself is an independent composition of the crime (wearing the stolen weapons, the use of stolen documents, etc.), the responsibility comes on the relevant article of the Criminal Code.
The concepts are families - and -nibrous relatives - see paragraph 11 of Art. 32 CPC.
5. A part of the second of this article provides for exemption from criminal liability for in advance
not promised felling off the crime by family members or close relatives of the person who committed
the crime.
About the concept - a little relatives, see a comment