Art. 316 of the Criminal Code of the Russian Federation implies punishment for unintentional concealment of a crime. The description of this legislative act suggests that the application of this article is possible provided that the crime was committed in a variant when a person could not know about the crime committed, but help hide it or be notified, but actively help with their actions, being introduced into delusion, or a person could help completely consciously, but at the same time he did not want evil to the victim of the offense.
Art. 316 of the Criminal Code of the Russian Federation punishes a person if he has committed unintentional concealment of an offense. In this case, he is subject to a certain penalty.
The accused may be sentenced to:
- Payment of the fine.
- Forced labor.
- Arrest.
- Deprivation of liberty.
The type of punishment depends on what crime was covered up by the perpetrator. The main thing in this law is that a person should not act intentionally.
But at the same time, he can take quite active steps to conceal the offense, but he should not be accomplices in the crime. That is, he can help hide traces or evidence, but initially have no motive for the crime.
A fine is given to persons who concealed a minor offense. In this case, it makes no sense to deprive a person of freedom, therefore, the monetary equivalent of punishment is applicable. The accused in the case can be awarded a lump sum of a fine of up to 200 thousand rubles, and the fine can also be calculated as part of the average earnings and other income of a person for a period of 18 months.
Forced labor is given for crimes that are classified as grave. In this case, concealment of crimes will be assessed more seriously, which means that the type of responsibility will be stricter. Under such conditions of the case, the attacker can be sentenced to forced labor for the good of society, or the criminal punishment will be considered conditional, which implies some restrictions in the movement of the offender.
Real imprisonment for up to 2 years is applicable if concealment of crimes of Art. 316 of the Criminal Code of the Russian Federation are classified as especially grave. In this case, the culprit is covered up, the facts are concealed, which can help to solve cases of murder or large material embezzlement, for example, in the tax sphere.
It is worth noting that sometimes such crimes are committed by military personnel. In this case, the case of non-reporting will be considered not by an ordinary Russian court, but by a military refereeing unit in the Ministry of Internal Affairs, since the defendant may be a person subordinate to the criminal.
In order to conceal a crime, but at the same time not to receive a more serious type of responsibility for intentional concealment of a crime, the Criminal Code of the Russian Federation suggests that the accused should not have a specific intent against the victim of the offense.
The offender can hide the offense in the following way:
- to harbor a person who has committed a crime;
- hide or destroy evidence or a crime scene;
- give advice on direct cover-up, but not participate independently;
- give false information to law enforcement agencies;
Thus, the offender can create a situation in which another offense, where there is an injured object, will be quite difficult to disclose.
When harboring crimes of Art. 316 of the Criminal Code of the Russian Federation, the comments also take into account this point and the actions taken are of significant importance in the imposition of punishment.
When considering an article on concealing a crime of the Criminal Code of the Russian Federation, it is clearly determined who falls under the scope of this article, and who may be outside the jurisdiction. Usually, the criminal code of the Russian Federation applies to citizens who have reached the age of criminal responsibility.
This article has a number of exceptions, namely:
- If the person is less than 16 years old.
- If the person is a close relative of the offender.
- If a person is mentally unhealthy and medicine confirms this fact.
These exceptions are the grounds on which the Criminal Code of the Russian Federation will not be tried for concealing a crime.
The age of responsibility was established by the legislator and for this type of offense the age is higher than usual. If the concealment of the crime occurred due to the fact that the person is a close relative, for example, a husband or wife, then Art. 51 of the RF IC allows people not to testify against a suspect.
Therefore, even if the fact of deliberate concealment is proven in relation to another person, then it cannot be judged, in view of the RF IC. At the same time, if a person was previously a relative, and after there was a change in this status, then Article 51 will not apply to him, which means he will have to testify and talk about the name of the offender. At the same time, the footnote to the article says that, unlike a registered marriage, if there is sufficient evidence, a common-law wife or husband cannot testify against each other either.
If a person is mentally unhealthy, then his altered consciousness should be assessed by a medical worker or service consultant who has the right to conduct such examinations. Usually, such people are in boarding schools, schools or hospitals of the corresponding type and therefore may not realize that they are aiding the culprit of another offense, since they do not assess this moment as a capable person.
For incapacitated and mentally ill criminals, special measures of responsibility, consisting in compulsory treatment, should be applied.
It is worth noting that sometimes the witness to a crime is dumb. In fact, he cannot inform the police about any fact of withholding information or a crime committed, since he has a physical disability.
In this case, he can communicate information in any way.
Unfortunately, the jurisprudence on non-reporting is not extensive enough. This is due to the fact that cases of this quality are very difficult to identify, there is also little evidence for this legislative act and they can be hidden very well and not be included in the evidence. An example of such a case would be the following situation:
Citizen Nikitin, drinking with a friend of citizen Svetlova, killed her roommate Vlasov out of personal hostile relations. The method of killing was beating. Citizen Vlasova decided not to inform the police about this fact, she decided to hide Vlasov's body so that, as she explains, she would not be asked to move out of the rented housing. Since she is not in a closely related relationship with Nikitin, the note of Art. 316 does not apply to it. This was explained to her.
Therefore, the court concluded that the evidence provided was evidence of evasion of information about the murder.
Citizen Svetlova was sentenced to one year, which was given a suspended sentence, in view of:
- she has 2 minor children;
- positive characteristics from the place of work;
- absence of other aggravating factors.
This case is quite indicative, since it contains the very fact of the application of the article, and also there is an interaction with the note to the article.
Consultations and comments of lawyers under Art. 316 of the Criminal Code of the Russian Federation
If it is necessary to protect any person, you need to contact lawyers who have sufficient practical experience in Art. 316.
In this case, applicants can receive:
- Consulting on the application of the article.
- Possible ways to avoid punishment.
Also, a lawyer can take for representing the client's interests in court, which increases the chances of winning, because a competent employee will be able to submit the necessary information on behalf of the client in the right time frame.
Hiding - against justice, which consists in concealing a criminal, instruments, means, traces of a crime, as well as objects obtained by criminal means. The following actions can be specific types of crime: providing a criminal asylum, making forged documents for him, destroying the instruments of crime, storing stolen objects, etc. Art. 316 of the Criminal Code establishes responsibility only for concealment not promised in advance and only for especially grave crimes.
The KBR proposes to introduce criminal punishment to the family of the offender for harboring him
The Parliament of Kabardino-Balkaria came up with a legislative initiative to amend the Criminal Code of the Russian Federation, providing for criminal liability for harboring and failure to report grave crimes committed by the spouse or close relatives of the offender.
Republican parliamentarians consider the footnote to Article 316 of the Criminal Code of the Russian Federation to be imperfect, according to which a person is not subject to criminal liability for concealment of a crime committed by the spouse or close relative of the offender, and the proposed amendments provide for an addition establishing criminal liability for these persons.
What is the article for harboring a criminal
Article 316 of the Criminal Code of the Russian Federation "Concealment of crimes" defines criminal liability for concealment. A distinctive feature of this article is the narrowing of the subject of the crime. Criminal liability arises only as a result of especially grave crimes not promised in advance.
Concealment of a crime is understood as acts related to the concealment of a criminal, providing him with asylum, forged documents, changing his appearance, as well as with the concealment of the instrument and means of committing a crime, traces and other evidence, and their destruction.
Comments to ST 316 of the Criminal Code of the Russian Federation
1. This article provides for one of the forms of involvement in a crime, which is expressed in particularly grave, not promised in advance. This crime differs from complicity in that it was not promised in advance.
2. The direct object of a crime is the interests of justice, which consists in ensuring the inevitability of responsibility and punishment of persons who have committed crimes.
Mandatory toughening of punishment "
Last Tuesday, a bill appeared in the State Duma aimed at increasing responsibility for terrorism and harboring criminals. Anti-terrorist amendments were introduced to the State Duma by the Chairman of the State Duma Security Committee Vladimir Vasiliev. In particular, if its amendments are adopted, then Article 205 of the Criminal Code of the Russian Federation "terrorism" will separately prescribe the punishment for people who committed a terrorist act "resulting in the death of a person by negligence" or "causing significant property damage."
Article 316
shall be punishable by a fine in an amount of up to two hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years.
Note. A person is not subject to criminal liability for not promised harboring committed in advance by his spouse or close relative.
Section 363
Harboring is a form of obstruction of the administration of justice. It complicates the timely disclosure, bringing the culprit to justice. Concealment is of two types: promised in advance, which is recognized as complicity in the form of complicity (Article 28 of the Criminal Code of the Republic of Kazakhstan), and not promised in advance, which in some cases is subject to liability under Art.
Harboring is a crime
In the Criminal Code of the Russian Federation, there is article 316, which classifies this type of offense as unpromised concealment in advance. This is the name of a misdemeanor in which a person hid a person from the bodies of inquiry after he committed a crime, or the very fact of a serious offense committed by third parties. This form of action is dangerous in that harboring a criminal creates obstacles in front of the bodies of inquiry and thereby violates the regime of their work.
Concealment of crimes
(Article 316 of the Criminal Code). The object of harboring is the interests of justice. The public danger of concealing especially grave crimes is that such actions create obstacles to the timely exposure and isolation of especially dangerous criminals from society.
From the objective point of view, this crime is expressed in the previously not promised concealment of the person who committed an especially grave crime, the traces of his criminal activity, tools or means of committing, or objects and values obtained by criminal means.
According to the Criminal Code of the Russian Federation, not only the perpetrators of crimes are punished, but also people who cover up those who have committed illegal actions.
The exception is relatives. Against close people, including a spouse, parents or children, a person has the right not to testify.
In other cases, concealment of crimes, Art. 316 of the Criminal Code of the Russian Federation, punishable by law.
Article
Concealment of a crime - unlawful acts due to which justice cannot be carried out over the person who committed the crime.
For such an act, punishment is provided under article 316 of the Criminal Code of the Russian Federation.
Intentional concealment of a crime is recognized as such if there are some signs:
Concealment of a crime is recognized as such only if the citizen who committed the unlawful act is fully aware that he is covering up the criminal and deliberately providing him with assistance and complicates the work of law enforcement agencies.
At the same time, the motives of the offender do not matter and are not taken into account by the court.
Failure to report a crime or concealment of it refers to unlawful acts for which criminal liability and other types of punishment are provided:
- monetary penalty, the amount of which is up to 200,000 rubles or other income of the criminal for up to 1.5 years;
- forced labor for up to 24 months;
- imprisonment for up to six months;
- arrest up to 24 months.
Responsibility for concealing a crime is borne by a sane citizen who has reached the age of 16.
If a crime has been concealed by an official, then in this case the culprit can be tried not under Article 316 of the Criminal Code of the Russian Federation, but under Article 33 of the Criminal Code of the Russian Federation, as an auxiliary in the commission of a crime. However, it all depends on the qualifying characteristics.
What does not apply to concealment of a crime?
Concealment of a crime does not include the following acts:
- if the concealment of the crime was promised in advance - in this case, the perpetrator will act as an accomplice in the illegal act;
- if the perpetrator of the crime is a close relative.
In 2020, a manslaughter case was pending, witnessed by two citizens.
They did not know in advance about the impending crime, but helped the culprit to hide the corpse at the request of the offender. They loaded the body into a boat and drowned it in the middle of the river.
As a result, both citizens ended up in the dock.... They were charged with concealing crimes.
During the meeting, the suspects admitted their guilt. They were sentenced to 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 suspended sentence and a probationary period for 1.5 years.
The convicts were also forbidden to change their place of residence for the entire probationary period.
Concealment of crimes is an unlawful act for which liability 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 commits such an act must understand that he is taking part in a criminal offense, for which he can receive a real term.