Reading the Criminal Code

Reading the Criminal Code

All the time, we are told by liberals and Western diplomats that the legislation of Russia is wrong, and the laws in Russia are bad. With the help of lawyers from NVR, I decided to compare the Criminal Codes of Russia and any country, against the “civilization” of which the most inveterate human rights midfielder will not object. And see how the articles, definitions, and the size of the punishment for various crimes coincide or do not coincide.
As a "sample" for comparison, we took the Criminal Code of the Federal Republic of Germany.


The analysis turned out to be interesting and visual. The criminal code of Russia turned out to be more vague, less complete, and the punishments were MORE SOFT than in Germany.

Why it is so, we will talk after you get acquainted with the facts.

Comparative characteristics of criminal responsibility in Germany and Russia for a number of crimes
Sources: Germany - http://constitutions.ru/archives/5854, RF - http://www.consultant.ru/popular/ukrf/

1. Treason.
UK Germany
§ 81. Treason of the Federation
(1) Who, using violence or the threat of violence, tries
1. violate the integrity of the Federal Republic of Germany or
2. amend the constitutional order established by the Basic Law of the Federal Republic of Germany,
is punished by life imprisonment or imprisonment for a term of not less than ten years.
(2) In less serious cases, a sentence of imprisonment of between one and ten years is imposed.
Criminal Code of Russia
The Criminal Code contains the article “High treason” (Art. 275), but the crime is implied otherwise: it means espionage, issuing state secrets or otherwise assisting a foreign state, foreign organization or their representatives in conducting hostile activities to the detriment of the external security of the Russian Federation committed by a citizen of the Russian Federation. This particularly serious crime is punishable by imprisonment for a period of from twelve to twenty years with a fine of up to five hundred thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to three years or without such restriction of liberty for up to two years.
The composition described in paragraph 81 of the Criminal Code of Germany corresponds to the concept of extremist activity (Article 1 FZ of 25.07.2002, No. 114-ФЗ “On Counteracting Extremist Activity”), for such types as:
1) actions aimed at the violent seizure of power or the forcible retention of power in violation of the Constitution of Russia, as well as aimed at a violent change of the constitutional system of the Russian Federation (Art. 278 of the Criminal Code of the Russian Federation) and
2) organization of an armed insurrection or active participation in it in order to overthrow or forcibly change the constitutional system of Russia or violate the territorial integrity of Russia (Art. 279 of the Criminal Code of the Russian Federation).
These crimes are equally punishable by imprisonment for a term of from twelve to twenty years with restriction of liberty for up to two years.
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The result of the comparison: In Germany, punishment is imposed up to life imprisonment, in Russia - a maximum of 20 years.
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2. The activities of a banned political party.

UK Germany
§84. The continuation of the party declared anti-constitutional
(1) Who is the organizer or instigator within the scope of this law and supports organizational unity
1. party declared by the Federal Constitutional Court anti-constitutional or
2. A party in respect of which the Federal Constitutional Court has established that it is an organization similar to a banned party, shall be punished with imprisonment from three months to five years.
An attempt is punishable.
(2) Whoever participates in a party of a type specified in 1 as its member, or who maintains its organizational unity, shall be punished with imprisonment of up to five years or a fine.
Criminal Code of Russia
Article 282.2 of the Criminal Code of the Russian Federation provides for penalties for similar crimes:
1) for organizing the activities of an extremist organization (in respect of which the court made the effective decision to liquidate or prohibit activities in connection with extremist activities) - a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convict for a period of one to two years, or forced labor for up to three years with restraint of liberty for up to two years or without it, or arrest for a term of four to six months, or deprivation m of freedom for up to three years with the deprivation of the right to occupy certain positions or engage in certain activities for up to ten years or without such, and with restriction of freedom for up to two years or without it;
2) participation in the activities of an extremist organization - a fine of up to two hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to eighteen months, or forced labor for up to two years with restriction of liberty for a period of up to one year, or or arrest for up to four months, or imprisonment for up to two years with the deprivation of the right to occupy certain positions or engage in certain activities for up to five years or without up to one year or no.
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The result of the comparison: in Germany, the punishment is up to 5 years of imprisonment (both for organization and participation), in Russia - imprisonment is provided for up to 3 years (organization) and up to 2 years (participation), that is, significantly softer. There is a variety of types of punishments with us: you can “get rid” of fines, arrest or forced labor. In Germany, only a participant can get away with a fine - but not the organizer. Article 282.1 of the Criminal Code also provides for penalties for organizing and participating in the activities of an extremist community, but the sanctions for these crimes are also milder (up to 4 and 2 years of imprisonment, respectively).
It is noteworthy that under Russian criminal law, a person who voluntarily ceased to participate in an extremist organization is generally exempt from criminal liability, unless its actions contain a different crime.
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3. Undermining the combat capability of the army.

UK Germany
§ 89. Anti-constitutional impact on the Bundeswehr and public security organs
(1) Who systematically influences the composition of the Bundeswehr or other public security organ to undermine their duty to protect the security of the Federal Republic of Germany or the constitutional order, and thereby deliberately opposes the integrity or security of the Federal Republic of Germany or its constitutional foundations , Shall be punished with imprisonment for up to five years or a fine.
(2) Attempt is punishable.
(3) § 86, para. 4, acts accordingly.
Criminal Code of Russia
In the Russian Criminal Code, public calls for extremist activity (Art. 280 of the Criminal Code of the Russian Federation) can be cited as such a crime, since this means, among other things, planning, organizing, preparing and committing actions aimed at violently changing the fundamentals of the constitutional order and violation of the integrity of the Russian Federation and the undermining of the security of the Russian Federation. In Russia, such actions are punished with a fine of up to three hundred thousand rubles, or in the amount of the salary or other income of the convicted person for a period of up to two years, or forced labor for up to three years, or arrest for a term of four to six months, or imprisonment up to three years with the deprivation of the right to occupy certain positions or engage in certain activities for the same period. If appeals are made using the mass media, the punishment is somewhat harder: forced labor for up to five years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or without imprisonment for up to five years with deprivation the right to occupy certain positions or engage in certain activities for up to three years.
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The result of the comparison: In the German Criminal Code, a more comprehensive approach to determining the objective side of this crime, while committing these actions against the security organs is fixed as evidence of the intention to oppose the integrity or security of the state or against its constitutional foundations. Meanwhile, in the Russian Criminal Code, as part of the said crime (calls for extremism) there is no special object - the public security organs. In Germany, the law considers such actions against security agencies, and in some cases offensive actions against the president, legislature, government, court as actions against the integrity or security of the state or its constitutional foundations.
In addition, in Germany, as can be understood, under the above corpus delicti fits any attack on the armed forces and security agencies with the aim of undermining their combat readiness, morale, reducing the sense of responsibility. That is, organizing, for example, “readings” for security agencies and exhorting their individual members that the service is not needed, that it is not worth defending the state, and in general it is not prestigious, will also fall under the scope of this article. In Russia, such actions will not be grounds for bringing the persons concerned to criminal or administrative responsibility.
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4. Insulting the President of the country and other authorities.
UK Germany
§ 90. Insult of the Federal President
(1) Who publicly, at a meeting or by distribution of written materials (§11, para. 3) offends the Federal President, is punished with imprisonment from three months to five years.
(2) In less serious cases, the court may mitigate the punishment at its discretion (§ 49. Para. 2) if the prerequisites of § 188 are not fulfilled.
(3) Imprisonment is a sentence of six months to five years if the act is defamation (§ 187) or if the perpetrator by his act intentionally opposes the integrity of the Federal Republic of Germany or constitutional foundations.
(4) Act is prosecuted only with the approval of the Federal President.
§ 90b. Anti-constitutional insult to constitutional bodies
(1) Who publicly, at a meeting or by disseminating written materials (§11, para. 3) offends the legislature, the government or the Constitutional Court of the Federation or its Land or one of their members in this capacity in such a way that it threatens the authority of the state, and thereby deliberately opposes the integrity of the Federal Republic of Germany or against its constitutional foundations, is punished with imprisonment from three months to five years.
(2) Act is prosecuted only with the approval of the relevant constituent body or its member.
Criminal Code of Russia
In the Criminal Code there is an article “Insulting a representative of the authorities” (Art. 319 of the Criminal Code of the Russian Federation), and under the representative of the authorities in this and other articles of the Criminal Code of the Russian Federation, an official of a law enforcement or supervisory body is recognized, as well as another official endowed with statutory powers in respect of persons who are not from him in the service. In other words, responsibility is established precisely for insulting a physical person holding a certain position. If an insult is inflicted on a collegial authority, it will be impossible to bring a person to criminal responsibility under Russian law.
This crime is punishable by a fine of up to forty thousand rubles, or in the amount of the salary or other income of the convicted person for a period of up to three months, or by compulsory labor for up to three hundred and sixty hours, or correctional labor for up to one year.
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The result of the comparison: in the Russian Criminal Code a) only an insult to an official, but not a collegial body, is punishable; b) there is no punishment in the form of imprisonment for insulting a representative of the authorities. In Germany, this crime is punishable by imprisonment for up to 5 years. In addition, in Germany, insulting the President, the legislature, the government or the Constitutional Court of the Federation or its Land or one of their members in this capacity can be interpreted as acting against the integrity of Germany or against its constitutional foundations, that is, in fact, equated with extremism. In Russia, this crime is classified as a crime against the order of government, and not against the foundations of the constitutional system and state security.
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5. Insult of the state and its symbols.
UK Germany
§ 90 Insult of the state and its symbols
(1) Who is public, at a meeting or by disseminating written materials (§11, para. 3)
1. offends the Federal Republic of Germany or one of its Lands or their constitutional order or maliciously denigrates or
2. insults the colors, flag (flag), coat of arms or anthem of the Federal Republic of Germany or one of its Lands; Shall be punished with imprisonment for up to three years or a fine.
(2) It is also punished who removes, destroys, damages, invalidates or makes unrecognizable the publicly hung flag of the Federal Republic of Germany or one of its Lands or the symbol of state sovereignty of the Federal Republic of Germany or one of its Lands publicly used by the government or abusive behavior towards them.
An attempt is punishable.
(3) A punishment is imprisonment of up to five years or a fine if the perpetrator by his act intentionally opposes the integrity of the Federal Republic of Germany or its constitutional foundations.
Criminal Code of Russia
Article 329 of the Criminal Code of the Russian Federation establishes that desecration of the State Emblem of the Russian Federation or the State Flag of the Russian Federation is punishable by restriction of liberty for up to one year, or forced labor for the same period, or arrest for a term of three to six months, or imprisonment up to one year.
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The result of the comparison: in Germany, the corpus delicti covers a wider sphere of illegal actions. If in Russia the object is only the State Emblem or Flag, then in Germany it is not only a criminal offense, but also an insult to the state itself, a subject of the federation (Earth), an insult to their constitutional order, a hymn and even the official colors of the state. (That is, theoretically, for “Rashka”, that is, “Hermashka”, written in his blog, in the newspaper, etc., you can get a real term.) The punishment in Germany is stricter - imprisonment for up to 3 years (in Russia - up to 1 of the year).
In addition, in Germany, insulting the state and its symbols (by analogy with the above-described authorities) can also be regarded as an action against the integrity of the state or its constitutional foundations (with a term of imprisonment up to 5 years), that is, in fact, can be equated with extremism. In Russia, the crime against the flag and the coat of arms is assigned only to the category of crimes against the order of management.

6. Propaganda against the army.
UK Germany
§ 109d. Anti-Bundeswehr propaganda
(1) Who deliberately makes false or grossly distorting statements to prevent the Bundeswehr from functioning or spreading them, knowing their false content to prevent the Bundeswehr from fulfilling its defense tasks, is punishable by up to five years in prison or a fine.
(2) Attempt is punishable.
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The result of the comparison: The content of this crime in Germany can be described as defamation of the armed forces. In Russia, such (or similar) composition is absent (that is, such actions are neither an administrative nor a criminal offense).

7. Call for illegal activities.

UK Germany
§ 111. Public Call for Punishable Acts
(1) Whoever publicly, at a meeting or by distributing written materials (§11, para. 3) calls for the commission of a wrongful act, is punished as an instigator (§ 26).
(2) If the call fails, then the punishment is imprisonment for up to five years or a fine.
Punishment can not be more serious than punishment in the case when the call led to the result (paragraph 1); § 49, para. 1, No. 2, is to be applied.
Criminal Code of Russia
In Russia, unlike in Germany, as an independent corpus, it is not any public call for unlawful actions that is criminalized, but only public calls for terrorist activities or public justification of terrorism (Article 205.2 of the Criminal Code of the Russian Federation), and calls for extremist activities (Art .280 of the Criminal Code of the Russian Federation). In addition, it is possible to add here such a crime as incitement of hatred or hostility, as well as to humiliate the dignity of a person or a group of persons based on gender, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly or using mass media (Art. 282 of the Criminal Code of the Russian Federation). For other cases, the article 33 of the Criminal Code of the Russian Federation introduces the concept of an instigator as an accomplice: they recognize the person who inclined another person to commit a crime by persuasion, bribery, threat or other means. That is, the person becomes an instigator only in the case of “effective incitement”. Thus, only a call if it was unsuccessful, except for the above cases, is not a crime in Russia. If the “appeal” was successful, then it will be covered by the composition of the main crime itself (for example, murder, sabotage) with reference to article 33 of the Criminal Code of the Russian Federation.
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The result of the comparison: In Germany, it is enough to have the very fact of calling for any unlawful act to bring the guilty person to criminal responsibility. At the same time in Germany the term of imprisonment is up to 5 years, even if the call is unsuccessful. That is, shouted "Go on to the Reichstag!" (Kremlin!) We are the power! ”, Even if no one went anywhere - get 5 years.
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8. Insult

UK Germany
§ 185. Insult
Insult is punishable by imprisonment for up to one year or a fine and, if committed by an act, the penalty is imprisonment for up to two years or a fine.
Criminal Code of Russia
Until recently, an insult in Russia was a criminal offense (Art. 130 of the Criminal Code of the Russian Federation, canceled), now it is only an administrative offense (decriminalized).
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The result of the comparison: Even when an insult was a criminal offense in Russia, even then it was punished only with a fine, or mandatory work, or correctional labor, or restriction of freedom. In Germany - imprisonment up to 2 years.
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9. Slander

UK Germany
§ 186. Slander
Who against another person informs or spreads a fact that denigrates or humiliates this person before the public, if the truth of this fact is not proven, is punished with imprisonment of up to one year or a fine and if the act is done publicly or by disseminating written materials ( § 11, para. 3) is punishable by up to two years in prison or a fine.
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Summary of Comparison: Such a crime is not provided for in Russian legislation (slander, unlike slander, is not a dissemination of a knowingly false fact, but simply a fact whose truth is not proven, but in any case denigrates or humiliates a person). In Germany, real terms: up to 2 years in prison, although there may be a fine.
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10. Slander.

UK Germany
§ 187. Slander
Who deliberately against another person informs or spreads a deliberately false fact that denigrates this person or humiliates him before the public or threatens his creditworthiness, is punished with imprisonment of up to two years or with a fine and. if the act is committed in a public speech, at a meeting or by distributing written materials (§11, para. 3), shall be punished with imprisonment of up to five years or a fine.
Criminal Code of Russia
18.07.2012. The Federation Council approved the restoration of an article on libel in the Criminal Code of the Russian Federation (which was decriminalized in the Russian Federation in December 2011). However, if the President signs the law and enters into force, the main type of punishment for defamation will be fines, and the punishment of imprisonment by the new law is also not provided. Although the amount of fines significantly increased:
- for the dissemination of false information discrediting the honor and dignity of another person or undermining his reputation - up to 500 thousand rubles;
- defamation contained in a public speech, a publicly demonstrated work or the media - up to 1 million;
- defamation using official position - up to 2 million rubles;
- slander that a person suffers from a disease that is dangerous to others, as well as slander, combined with accusing a person of committing a crime of a sexual nature - up to 3 million;
- defamation combined with accusing a person of committing a grave or especially grave crime - up to 5 million rubles, or in the amount of the salary or other income of the convicted person for a period of up to three years or compulsory work for up to 480 hours.
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The result of the comparison: In Russia, for defamation, fines, in Germany for defamation, you can receive a sentence of imprisonment up to 5 years.
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UK Germany
§ 188. Slander and slander against a politician
(1) If anyone in a public address, at a meeting or by means of written materials (§11 para. 3) spreads slander (§ 186) against a person playing a role in the political life of a people, based on the position of the offended person in public life, and if the act is intended to substantially impede the social activities of the politician, shall be punished with imprisonment from three months to five years.
(2) Libel (§ 187) is subject to these conditions and is punishable by imprisonment from six months to five years.
Criminal Code of Russia
Unlike Germany, in accordance with the Criminal Code of the Russian Federation, only insult is criminalized and applies only to a representative of the authorities (Article 319 of the Criminal Code of the Russian Federation), see above. The German Criminal Code establishes slander as a crime, as well as slander against a politician in general (he may not even be a representative of the authorities) and provides for punishment up to 5 years of imprisonment. Thus, slander of a politician in the Russian Federation is not an independent corpus delicti, it can be prosecuted through a general article on libel and / or civil procedure (for example, compensation for moral harm, etc.) by the person himself (slandered) himself.
Nevertheless, the amendments made to the Criminal Code of the Russian Federation the day before introduced a new article - defamation of a particular type of civil servants: judges, jurors, prosecutors, investigators, investigators, bailiffs when considering materials or cases in court. This act will be punished with a fine of up to 2 million rubles. Defamation of these persons in connection with the preliminary investigation or the execution of a sentence, court decision or other judicial act is punishable by a fine of up to 1 million rubles.
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The result of the comparison: In Russia, for defamation of a politician and a civil servant, fines, in Germany for defamation, you can receive a sentence of imprisonment up to 5 years.
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11. Counseling for pregnant women and campaigning for abortion.

UK Germany
§ 219. Consultation of pregnant women in adversity and conflict
(1) Consultation serves to protect an unborn life.
The task of the consultation should be aimed at giving the woman the courage to preserve the pregnancy and reveal to her the prospects of living with the child; the consultation should help her make a responsible and conscious decision. At the same time, a woman should realize that an unborn child during any period of pregnancy along with her has the right to life and that therefore, according to law and order, interruption of pregnancy can be allowed only in those exceptional cases when carrying a child becomes such a heavy and excessive burden for a woman. it is out of range. Advice and assistance during a consultation should help resolve a conflict situation that has arisen due to pregnancy and finding a way out of a predicament. In more detail, such situations are regulated by the Federal Law on the Conflict Situation with Pregnancy.
(2) Consultation in accordance with the Federal Law on the Conflict of a Pregnancy Situation should be carried out by the competent authority responsible for the resolution of conflict situations related to pregnancy. After the completion of the consultation, the competent authority must issue a conclusion to the pregnant woman about the consultation held in accordance with the Federal Law on a Conflict Situation Related to Pregnancy, which indicates the date of the last consultation and the name of the pregnant woman.
A doctor who performs an abortion cannot be a counselor.
§ 219 Agitation for abortion
(1) Whoever publicly, at a meeting or by distributing written materials (§11, para. 3) for the sake of his property gain or in rude, reprehensible form, suggests, imposes, advertises
1. own or someone’s services to implement or facilitate abortion or
2. means, objects or methods used to end the pregnancy, indicating their use, or announcements of such content are punished with imprisonment of up to two years or a fine.
Criminal Code of Russia
In Russia, there is no such corpus delicti as agitation for abortion. The Criminal Code of the Russian Federation only criminalizes the illegal production of abortion (Art. 123 of the Criminal Code of the Russian Federation), i.e. production of abortion by a person who does not have a higher medical education of the appropriate profile. This is punishable by a fine of up to eighty thousand rubles, or in the amount of the salary or other income of the convicted person for a period of up to six months, or by compulsory labor for up to four hundred and eighty hours, or correctional labor for up to two years. And if it negligently caused the death of the victim or the infliction of grievous harm to her health, - is punished with forced labor for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or with imprisonment for up to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years or without one.
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The result of the comparison: In Russia, there is no such crime as agitation for abortion. At the same time, it is obvious that the German legislator aims to preserve pregnancy (even in disastrous and conflict situations). Paragraph 219: “The task of the consultation should be aimed at giving the woman the courage to preserve the pregnancy and reveal her prospects for life with the child, the consultation should help her to make a responsible and conscious decision. At the same time, a woman should realize that an unborn child during any period of pregnancy along with her has the right to life and that therefore, according to law and order, interruption of pregnancy can be allowed only in those exceptional cases when carrying a child becomes such a heavy and excessive burden for a woman. out of range. ”
It is also noteworthy that a doctor who performs an abortion cannot be a counselor on the issue of abortion. Campaigning for abortion in Germany is a criminal offense: who publicly, at a meeting or by distributing written materials for their property gain or in a grossly reprehensible form, offers, imposes, advertises their own or someone’s services to implement or promote abortion or means, objects or methods by which an abortion is carried out, pointing to their use, or makes announcements of similar content, that is punishable by up to two years in prison or is fine.
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Let's sum up.
Everyone can independently draw conclusions whether Russian laws are really so cruel or vice versa, the laws of “civilized” countries are much clearer, more clearly protected by the state, the people and those who are at the head of the country. In my opinion, the analysis makes you think about a lot. The criminal code of a sovereign state is obliged to protect everything that is considered fundamental in the state.
There are double standards in front of us. The West itself leaves tough laws that protect society. The “export” issue is a soft, toothless version, in which rot cannot be removed, and the people and the state are adequately protected. And any attempt to bring the Criminal Code of our country into the proper form immediately brings a howl of human rights field midfielders about the “bloody regime” and impending violence.
But the comparison of the two Criminal Codes is very clear.
Everything at once becomes clear. In which direction should Russia move in order to bring order inside itself?
The moratorium on the death penalty is from the same sphere.
That is why the New Great Russia Party is in favor of its abolition.
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