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Criminal Code of Russia

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Criminal Code of Russia
Parliament of Russia
Citation63-ФЗ
Territorial extentRussia
Enacted byParliament of Russia
Signed byPresident of Russia
Signed13 June 1996
Commenced1 January 1997
Status: Amended

The Russian Criminal Code (Template:Lang-ru) is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997.[1] The new Criminal Code replaced the Soviet analogue of 1960.[1] The main changes deal with economic crimes and property crimes. These were the main pitfalls of the Soviet Criminal Code, as most of the other chapters were already amended to correspond to new Russian realities.[citation needed]

On 8 January 1997, President Yeltsin signed the Criminal Correctional Code to regulate the conditions of the sentences. The first CRIMINAL-PROCEDURAL CODE OF THE RUSSIAN FEDERATION was enacted on 18 December 2001; it has subsequently been amended.[2]

Synopsis

The UGKRF is a declarative document. It begins with in Article 2 a list of "tasks", such as "the protection of the rights and freedoms of man and citizen, property, public order and public security, the environment, and the constitutional system of the Russian Federation against criminal encroachment, the maintenance of peace and security of mankind, and also the prevention of crimes." To accomplish these tasks, the UGKRF "establishes the ground and principles of criminal responsibility, defines which deeds are recognized as offences dangerous to persons, society, or the State, and establishes the types of punishment and other penal measures for the commission of offences." Only the UGKRF determines criminality; that is, only if a person engages in conduct delineated by this statute can s/he be subject to the criminal label, and thereby punished.[3][4]

As late as 2002 the principle of non bis in idem seemed to apply to Russian criminal law.[5]

Lawyers in Russia are substantially concerned with the principle of mens rea, although they may not recognize it as such.[6]

The UGKRF establishes liability for Trafficking in persons (article 127-1) and Rape (article 131).[7]

Modifications

2022

In March 2022, the Russia fake news law was added to the criminal code, as Article No. 207.3, titled "Public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation." The new law provides for a prison sentence of up to 15 years for knowingly disseminating false information about the Russian Armed Forces.[8] The Washington Post interpreted section 207.3 to have the effect of criminalising the use of the term "invasion" to describe the 2022 Russian invasion of Ukraine, and forcing journalists and citizens using online social networks to use the official term "special military operation" to refer to the invasion.[8]

On 13 December occurred the first reading of a bill in the State Duma that would remove criminal liability for actions by Russian forces and their proxies in the occupied territories of Ukraine so long as said crimes were committed ‘aimed at protecting the interests of the Russian Federation'.[9]

See also

References

  1. ^ a b Butler, William E. (October 19, 1999). Criminal Code of the Russian Federation (1st ed.). Springer.
  2. ^ "CRIMINAL-PROCEDURAL CODE OF THE RUSSIAN FEDERATION NO. 174-FZ OF DECEMBER 18, 2001". World Trade Organization. March 1, 2012.
  3. ^ "THE CRIMINAL CODE OF THE RUSSIAN FEDERATION NO. 63-FZ OF JUNE 13, 1996" (PDF). International Money Laundering Information Network. December 28, 2004.
  4. ^ "THE CRIMINAL CODE OF THE RUSSIAN FEDERATION NO. 63-FZ OF JUNE 13, 1996" (PDF). World Trade Organization. December 6, 2007.
  5. ^ Andreev, Boris (2002). "Russia non bis in idem principle in internationaland russian law". Revue Internationale de Droit Pénal. 73 (3): 1065. doi:10.3917/ridp.733.1065.
  6. ^ . doi:10.1051/shsconf/202110802010. {{cite journal}}: Cite journal requires |journal= (help); Missing or empty |title= (help)
  7. ^ "Country: Russian Federation". UN Women. Retrieved March 26, 2023.
  8. ^ a b Oremus, Will (March 11, 2022). "In Putin's Russia, 'fake news' now means real news". Washington Post. ISSN 0190-8286. Archived from the original on March 15, 2022. Retrieved March 14, 2022.
  9. ^ "Russia: Proposed bill that removes criminal liability for war crimes is 'impunity made law'". Amnesty International. December 16, 2022.