criminal law provides for such a thing as a false accusation.It is understood as a message to the authorities having the right to initiate criminal cases, false information about criminal acts.It can be expressed in any form: written, electronic, verbal.Liability is incurred regardless of whether the perpetrator warned about the responsibility of art.306 of the Criminal Code or not.
Causes and effects
false accusation - a frequent phenomenon.It is made for various reasons: from the hatred, greed, envy, revenge, and so on. N. On the qualification of motive no effect.False statements and messages attached as a negative impact on the people.Rights unjustifiably accused persons are often violated, they inflicted moral damage.In addition, such statements as a negative impact on the work of law enforcement officers spent time and money on their resolution.
Ingredients crimes
serve as the object of public relations in the sphere of justice, which ensure the normal operation of the law enforcement agencies, as well as the dignity and honor attached as citizens.The objective side is to file false statements (messages) to the bodies involved in criminal charges, their investigation and consideration.The applicant explains criminalized and he certifying this fact, puts his signature on the protocol.On the subjective side, only the direct intent.A person who has made a false accusation wishes of the consequences associated with the writing of the application.For example, attracting stipulates criminal responsibility.As an entity may only sane person over 16 years.
Responsibility
The maximum penalty for the offense - up to two years in prison.It may also be administered arrest, corrective or public works, fine.If the false accusation was connected with the prosecution of a citizen of a grave (or very grave) crimes, the maximum penalty is increased to three years, and the artificial creation of evidence - to six years in prison.Most often used for the first time is not the most severe punishment.However, even if the perpetrator was sentenced to a fine only, in the following may be affected for a loan, traveling abroad, and many other cases.
false testimony
with false denunciation closely related notion of false testimony.Thus, in st.307 the Criminal Code for such actions.As the subject of the crime can be a victim, an expert witness, interpreter.They warn of the responsibility, which can be applied to them for giving false testimony, and they put confirming introduction, his signature in the protocol.The distortion of the data must be intentional.The perpetrator may be relieved of liability if voluntarily declare falsehood testimony given conclusion or translation.Article perjury provides up to three months of arrest, and if the evidence had been given even with the prosecution of another person with a serious (most severe) criminal offense - up to five years in prison.
