Article 275 of the Criminal Code. Treason and criminal responsibility for it

Any form of rendering assistance to a foreign power in carrying out activities that could damage the external security of the Russian Federation is treason. In the Criminal Code, the penalty for this crime is provided for in Article 275. What is fraught with participation in such activities? What punishment can the guilty be? And what areas affect such acts?

Term meaning

Such concepts as state treason and espionage exist for millennia. Their history is connected, in fact, with the history of wars. In particular, in the declaration adopted in Brussels in 1897, it is said that a spy is a person who, by fraudulent or secret means, collects information for the benefit of another state.

However, there are characteristic differences between such concepts as "spy" and "traitor". The first extracts information in a foreign country. The second is in the country of which the citizen is a citizen. As a rule, it is possible for him to carry out a criminal plan by holding a position which, on legitimate and logical grounds, has information of state significance. To state treason can also be attributed to the transfer of man to the side of the enemy in wartime. Consequently, the term referred to in this article is synonymous with the word "betrayal".

History

The concept considered in this article, at different times and in different countries, was interpreted in its own way. Thus, in England during the Renaissance, it was understood as any kind of violation of special royal decrees. Today in this country treason is very narrow. Under it is understood the encroachment on the monarch's person. In the United States, such an act accuses citizens of conducting a war against the state, joining with enemy organizations, as well as assisting them. It is worth noting that in this country for treason is not condemned by any person without the testimony of at least two citizens. Moreover, in the second half of the 20th century only one person was charged with this crime.

Treason in the USSR

Almost a hundred years ago in our country, this term was understood as any action that does not correspond to class ideology. Since 1934, various acts have been included in the article on counter-revolutionary activity, as well as penalties for them. Among them was treason and homeland. The punishment for such a crime not only in the Soviet Union, but also in other countries was always very severe. For many years it was punishable, as a rule, by the death penalty.

In the Criminal Code of the RSFSR, the term "Motherland" was synonymous with the word "state". There was no separate article for this crime. In the late thirties of the last century, on the basis of accusations of committing such an act, a large number of Soviet citizens were unjustly convicted. A similar situation was observed in Germany of that period. Since 1960, significant amendments have been made to the Soviet Criminal Code. Changed action since then has been given a separate 64th article.

In Russia

The citizen of the Russian Federation is liable for actions against the state. This crime is dealt with in article 275. Punishment - imprisonment for twelve years or more. The maximum period is twenty years. In 2012, the Duma adopted amendments to the article according to which criminal liability overtakes even those citizens who have provided material, financial or advisory assistance to a foreign organization. Such acts differ in formal uncertainty. Therefore, the new amendments caused a wave of criticism.

Subject of crime

Essential notes include article 275. State treason is a crime from which the guilty can be released if the possible further damage to the Russian Federation is prevented in time. That is, if a person voluntarily reported about the actions of the authorities, he is released from criminal liability.

State treason is an act whose object is the external security of the country. Any subject matter that constitutes a state secret may be considered as an object. The victims are the Russian Federation.

And what exactly is meant by such a crime as high treason? Espionage is primarily attributed to such acts. The issuance of state secrets and any other means of rendering assistance to a foreign organization, the application of which entails adverse consequences for Russia's security, also speak of the fact of the commission of a crime described in Art. 275 of the Criminal Code.

Espionage

Such an activity is called gathering, transfer, theft and storage of classified information - however, not every such act falls under the definition of "high treason". The difference from the espionage of treason to the Motherland lies in the subject of the crime. What are we talking about? State treason can be committed only by a citizen of a particular country, in our case - Russia. Espionage is accused exclusively of foreign citizens.

As already mentioned, the crime under Art. 275 of the Criminal Code can serve any information that is not subject to disclosure. To which areas does this information apply? State treason - an act that involves the issuance of information relevant to the military, economic, scientific, foreign policy and intelligence activities of the Russian Federation. The dissemination of information of this nature can significantly damage the security of the state. Therefore, documents, the transfer of which is treated as high treason (the Criminal Code of the Russian Federation), are labeled "classified" or belong to a special category. If such information is transmitted to the representatives of its state by a foreign citizen, then it is already a question of espionage, a crime that is most thoroughly described in Art. 176 of the Criminal Code. The punishment for such an act is imprisonment for a term of ten to twenty years.

Another difference between treason and espionage is that in the first case, the accused transferred, for example, blueprints, diagrams, or any plan, having such documents legally. A foreign citizen does not have the right to keep this kind of information. Therefore, in order to master it and subsequently make it the property of its state, it carries out theft.

Other ways of rendering assistance to a foreign state

State treason (Criminal Code of the Russian Federation, Article 275) is a crime that implies not only the transfer of information classified as "highly classified." This act may include other actions that contribute to the achievement of the goal of a foreign organization that engages in activities dangerous to Russia. The content of such assistance can be very diverse.

In the role of a suspect in treason, a Russian citizen, who does not take an active part in the activities of an espionage organization, may theoretically act, but provides financial support to her.

Who is threatened by Article 275?

State treason - a crime in which can accuse Russian citizens, recruiting agents for foreign special services, the selection of safe houses for the same organizations, assistance in the employment of employees of such services. If other acts of a political and general character are committed in the implementation of all these illegal actions, they must be dealt with on their own.

From all of the above, we can draw the following conclusion: the objective side of treason is characterized by such actions as espionage, the issuance of state secrets and other means of rendering assistance to foreign organizations whose activities are at variance with the interests of the Russian Federation.

It is worth saying that the law on high treason has been subjected to some corrections in recent years. The actions described above were not always a crime. State treason or espionage not so long ago served only the transfer of secret information.

Motives

The subjective side of this crime is direct intent. Changed actions have political or mercenary motives. In judicial practice, there are cases when the motivation for such an act as high treason (Criminal Code Article 275), served as a desire to obtain foreign citizenship.

As an example, we can consider the following hypothetical situation. Suppose that the general director of one of the enterprises that produces parts for the rocket and construction area, acting for mercenary purposes (in addition to material compensation for such a "cooperation", the foreign organization promised to help the state traitor in registration of citizenship), passed secret information abroad. Frequent departures of the director abroad were interested in civil service. However, the reason for initiating the case was the statement of one of the employees. Acts committed by the leader have signs of a crime provided for by Article 275, on which he will be convicted.

Who can commit treasonous actions?

The subject of this crime is exclusively a Russian who has reached the age of sixteen. Foreign citizens or stateless persons are never charged with the criminal article under consideration here. They also can not appear in court proceedings as accused persons of incitement. This is the specificity of the article of the Criminal Code. State treason is an act for which only a citizen of the Russian Federation can be punished. As well as, say, the 106th article ("Murder by the mother of a newborn"), the court condemns only the mother of the child and no other person. Thus, high treason and espionage are crimes that are highly personalized. Espionage, as already said, can only be carried out by a foreigner.

Disagreements among lawyers

Specialists are arguing about who can be accused of high treason: someone who has information because of his job duties, or someone who got information through theft. Some theorists and practitioners believe that the subject can be a person who has been entrusted with documents that are state secrets. However, such an understanding is absent in the criminal article under consideration. That is why the charge of high treason can be pronounced for anyone who disclosed secret information.

Conditions of exemption

In some cases, the criminal responsibility for high treason is removed from the criminal. This is also stated in Art. 275. But to be released from punishment, the following conditions must be met:

1. Voluntary and timely communication to the authorities full, exhaustive information. Such actions help to prevent negative consequences for the country's foreign policy, and therefore remove the responsibility. But it should be noted that voluntariness and timeliness are important indicators in recognition.
2. Absence of other elements of a crime that does not belong to state treason.

In the event that one of the conditions is satisfied, but only partially, this can be taken into account in the proceedings as mitigating circumstances.

Arbitrage practice

Almost every law enforcement officer has information that is not subject to disclosure. If a citizen, occupying a significant position in the police or other state structure, transmits to the foreign organizations information received as a result of his professional activity, he faces a very severe criminal penalty.

As in other similar crimes, motive can serve exclusively for selfish reasons. The result of the trial of such criminal acts is the long imprisonment of a state traitor.

Certainly, mitigating circumstances play a role in the sentencing. After the actions that inflicted significant damage on the economy and foreign policy of Russia , the initiator of unlawful activities, being a citizen of the Russian Federation, can hardly hope for a significant relaxation of the punishment. A person convicted of high treason is imprisoned for not less than twelve years.