ON THE PROCEDURE FOR THE ACTIONS OF AN EMPLOYEE OF THE PENAL ENFORCEMENT SYSTEM UPON RECEIPT BY THE INVESTIGATIVE BODY OF A DELIBERATELY FALSE DENUNCIATION OF A CRIME COMMITTED BY HIM
Rubrics: CRIME – PUNISHMENT – CORRECTION
Authors:
1.
Academy of the FPS of Russia
2.
Academy of the FPS of Russia
Type:
Article
Pages:
from 589
to 595
Status:
Published
Received:
13.12.2022
Accepted:
14.12.2022
Published:
16.12.2022
Subject area:
UDK 343.137.9:343.81
Language:
Russian
Keywords:
knowingly false denunciation, criminal enforcement system, investigation of crimes, establishment of the truth in the case
Abstract (English):
The legislator provided for criminal liability for deliberately false denunciation to protect the interests of the justice authorities from imaginary criminal prosecution. Often, convicts, their acquaintances, relatives, and other persons, out of a sense of revenge for the official activities of an employee of the penal enforcement system, or other base motives, try to use the mechanism of initiating a criminal case to achieve their goals. Moreover, due to the leniency of the punishment, the convicts are not afraid of being brought to criminal responsibility for deliberately false denunciation. Nevertheless, the public danger of this act is not only that it encroaches on the normal activities of the judicial authorities, preventing the establishment of the truth in the case, the protection and restoration of the violated rights of the injured party, but also that a deliberately false denunciation under certain circumstances may entail extremely negative consequences in the form of a conviction of an employee or his dismissal from the service. The article explains the algorithm of actions when an investigation body receives a deliberately false denunciation of a crime committed by them. When preparing the article, we took into account the norms of the current criminal and criminal procedure legislation, as well as the established practice of investigating this category of criminal cases
The legislator provided for criminal liability for deliberately false denunciation to protect the interests of the justice authorities from imaginary criminal prosecution. Often, convicts, their acquaintances, relatives, and other persons, out of a sense of revenge for the official activities of an employee of the penal enforcement system, or other base motives, try to use the mechanism of initiating a criminal case to achieve their goals. Moreover, due to the leniency of the punishment, the convicts are not afraid of being brought to criminal responsibility for deliberately false denunciation. Nevertheless, the public danger of this act is not only that it encroaches on the normal activities of the judicial authorities, preventing the establishment of the truth in the case, the protection and restoration of the violated rights of the injured party, but also that a deliberately false denunciation under certain circumstances may entail extremely negative consequences in the form of a conviction of an employee or his dismissal from the service. The article explains the algorithm of actions when an investigation body receives a deliberately false denunciation of a crime committed by them. When preparing the article, we took into account the norms of the current criminal and criminal procedure legislation, as well as the established practice of investigating this category of criminal cases
Keywords:
knowingly false denunciation, criminal enforcement system, investigation of crimes, establishment of the truth in the case
knowingly false denunciation, criminal enforcement system, investigation of crimes, establishment of the truth in the case
1. Lesnikov G. Yu., Kopytkin S. A. Zavedomo lozhnyy donos: problemy pravovoy ocenki i pravoprimenitel'noy praktiki v uchrezhdeniyah ugolovno-ispolnitel'noy sistemy // Probely v rossiyskom zakonodatel'stve. 2018. № 3. S. 281-284
