What is the article under the number 310 of the Criminal Code of the Russian Federation?
In carrying out investigative actions, a representativelaw enforcement bodies should be sure that all information that will become known as a result of this will not be made public without its authorization. Persons who decide to violate this rule will have to bear responsibility for their actions in accordance with Article 310 of the Criminal Code of the Russian Federation.
The essence of the problem
The Code of Criminal Procedure of Russiathere is no such thing as the "mystery of the effect". Although the term itself is mentioned in the list of "confidential" information, approved by Decree No. 188 of the President of our country in 1997. In fact, a representative of the authority has every right to demand from the participants in this case the non-disclosure of any particular data and any other information that is revealed during the investigation. And this is already legalized by Article 161 of the Code of Criminal Procedure of Russia.
Violation of reasonable requirements of the representativelaw entails punishment under Article 310 of the Criminal Code of the Russian Federation. What caused this severity? In this case, only the interests of the case. When investigating the circumstances of a particular criminal case, various circumstances are gradually revealed that help the investigator or the investigator to find out the truth. Sometimes even a trifle, which happens to be accidentally revealed in a conversation with witnesses or other persons involved in the case, can shed light on the cause of the crime. If you betray her publicity before the end of the investigation, the guilty persons will be warned and will be able to properly build their defense. The person who does this, in fact, will create some obstacle to the investigation. This will be regarded as a crime against justice, which is punishable under Article 310 of the Criminal Code of the Russian Federation. Such a measure should make violators responsible for their actions.
Rules of investigation
During the investigation of the crime, representativeslaw, as a rule, require participants in the process to keep a secret of everything that they can become aware of during this time. For such purposes, investigators, investigators or operatives have the right to take from these citizens a subscription in which each of them undertakes not to disclose any information that relates to the circumstances of the committed wrongful act. Such a document is made in writing and attached to the case materials. If one of the defendants decides to violate the promise, the court will be able to draw him from criminal liability for such actions in accordance with Article 310 of the Criminal Code. This decision is fully justified. After all, if this or that information is prematurely known to persons of procedural interest, it will allow them in advance:
- destroy existing evidence;
- neutralize witnesses;
- eliminate individuals who possess information useful for clarifying the truth;
- to include for their protection other persons who may have an impact on the representatives of the law conducting the investigation.
All this can lead to the fact that the investigation will lead to a dead end and the violator will be able to avoid a just punishment.
The triumph of justice
The crime will be solved only in theIf the citizens, who, due to necessity, are devoted to certain circumstances of the case, will not prevent this. All the data of the preliminary investigation must be kept in strictest confidence. In practice, the following information is meant:
- on the progress of the ongoing investigation;
- about all the evidence in the case and the sources from which they were received;
- the testimony of specific persons received during interrogation;
- on planned investigative or operational-search activities.
A citizen who discloses such information without proper authorization shall be required to answer before the law for his ill-considered or deliberate actions.
Article 310 of the Criminal Code provides for this punishment in the form of:
- A fine, the amount of which can reach 80 thousand rubles or the total income of a citizen for a period of up to six months.
- Mandatory work for a period of not more than 480 hours.
- Correctional works, the term of which, depending on the decision of the court, can reach 2 years.
- Arrest, that is, restriction of freedom, which can last no more than 3 months.
A specific punishment is appointed by the court depending on the severity of the consequences of the committed misconduct.
The legal basis for a crime
That the decision taken by the court is fairand reasonable, it is necessary to carefully consider all the circumstances of Article 310 of the Criminal Code. Comments to it will help to do this, using the basic rules and definitions.
First, you need to clearly imaginethe composition of the crime, the object of which is the interests of justice itself. The subject in this case is an individual who reached the age of sixteen and was warned in a timely manner about the need to keep the information in this matter confidential. A citizen must be fully sane to be responsible for his actions in all the strictness of the law. The objective side of the violation is the fact that a specific person discloses information without the knowledge (or permission) of the relevant authorities (investigator, prosecutor, inquirer and others). Such an act contradicts the promise given by the citizen in the previously made "subscription of non-disclosure". The subjective side of the violation is that the actions of the guilty person have a direct intent, that is, they are aimed at hindering justice.