LawState and Law

False reporting is not uncommon

Criminal law provides for such a thing as a false denunciation. It is understood as a message to the bodies that have the right to initiate criminal cases, knowingly false information about the committed criminal act. It can be expressed in any form: written, electronic, oral. Responsibility occurs irrespective of whether the person responsible was warned of responsibility under Art. 306 of the Criminal Code or not.

Causes and consequences

A false report is not uncommon. He is made for various reasons: from feelings of hatred, self-interest, envy, revenge, etc. For the qualification, the motive of the crime does not have any influence. False statements and messages have a negative impact on the persons being negotiated. The rights of unreasonably accused persons are often infringed upon, they are morally harmed. In addition, such statements also have a negative impact on the work of law enforcement officers who spend time and money to resolve them.

Corpus delicti

As an object, public relations in the field of justice serve to ensure the normal work of law enforcement bodies, as well as the dignity and honor of the citizens being negotiated. The objective side consists in submitting a deliberately false statement (communication) to the bodies engaged in the initiation of criminal cases, their investigation and consideration. The applicant is explained criminal responsibility and he, certifying this fact, puts his signature in the protocol. From the subjective side, the intent is only direct. A person who made a false report wants the consequences of writing a statement. For example, the involvement of the person to be criminally liable. As a subject, only a sane individual who has reached the age of 16 can act.

A responsibility

The maximum punishment for this crime is up to two years of imprisonment. Arrest, correctional or public work, fine may also be imposed. In the event that a false denunciation has been combined with a charge of a citizen in a serious (or especially grave) crime, the maximum term of punishment increases to three years, and with the artificial creation of evidence, up to six years of imprisonment. More often than not, the most severe punishment is not applied for the first time. However, even if the culprit was convicted only to pay a fine, later it could affect the receipt of a loan, travel abroad and many other cases.

Knowingly false evidence

With a false denunciation, the concept of deliberately false evidence is closely related. Thus, Article 307 of the Criminal Code provides for responsibility for such actions. As the subject of this crime may act as a victim, expert, witness, translator. They are warned about the responsibility that can be applied to them for giving false testimony, and they put, in confirmation of their familiarization, their signature in the protocol. Distortion of data must be intentional. The subjects of the crime may be exempted from liability if they voluntarily declare the falsity of the evidence given to the conclusion or the transfer. The article for giving false testimony provides up to three months of arrest, and in the event that the testimony has been given also with the accusation of another person in a serious (especially serious) criminal act - up to five years of imprisonment.

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