Crimes Against Justice

The object of crimes against justice is justice, which is considered both as a judicial activity to resolve cases, and as the activities of other law enforcement agencies promoting the court ^[1] .

The importance of public relations in the administration of justice necessitated their protection by criminal law . The public danger of such crimes lies in the undermining of state power by discrediting the judiciary , diminishing its authority, and losing faith in the justice of justice.

Crimes against justice can be committed, as a rule, in the form of active actions: attacks on the life, health, honor and dignity of persons conducting a preliminary investigation and justice; misconduct by justice workers themselves and in other forms. Some of these crimes are committed through inaction , for example, refusing to testify or not enforcing a court decision.

On the subjective side, almost all these crimes are characterized only by intentional guilt, and, as a rule, intent is only direct. The motive is not important in their qualification, it can be self-interest, revenge , falsely understood interests of the service and other motives. The subjects of crimes against justice are often special subjects - law enforcement officials: judges , prosecutors , investigators , interrogators ; as well as individual participants in the process, or persons serving sentences in places of deprivation of liberty or who are in pre-trial detention . In all other cases, the subject of crimes against justice is any person who has reached the age of criminal responsibility (in Russia - 16 years).

In Russian criminal law , crimes against justice are understood as socially dangerous acts directed against the state power and encroaching on the activity of the court and the bodies providing this activity established by law, contributing to solving problems and achieving the goals of justice .

Crimes against justice for the first time as a special group of crimes in Russian law were mentioned in the Criminal Code of the Russian Empire in 1903 , although many were separately known since the advent of criminal law.

In the first criminal codes of the RSFSR ( 1922 and 1926 ) crimes against justice did not stand out as a separate group, but already in the Criminal Code of the RSFSR in 1960 they were again united.

In the current criminal code of Russia of 1996 , crimes against justice are placed in the same chapter (chapter XXXI of the Criminal Code of the Russian Federation, articles 294-316 ^[2] ). These include:

• Obstruction of the administration of justice and the conduct of a preliminary investigation (Article 294 of the Criminal Code of the Russian Federation)
• Violation of the life of a person administering justice or preliminary investigation (Article 295)
• Threat or violence in connection with the administration of justice or the conduct of a preliminary investigation (Article 296)
• Contempt of court (Article 297)
• Defamation of a judge, juror, prosecutor, investigator, interrogator, bailiff, bailiff (Article 298)
• Criminal prosecution of knowingly innocent (Article 299)
• Unlawful exemption from criminal liability (Article 300)
• Unlawful detention, detention or detention (Article 301)
• Coercion to testify (Article 302)
• Falsification of evidence (Article 303)
• Provocation of a bribe or commercial bribery (Article 304)
• Delivering knowingly unjust verdict, decision or other judicial act (Article 305)
• Knowingly false denunciation (Article 306)
• Obviously false testimony, expert opinion, expert or incorrect translation (Article 307)
• Refusal of a witness or victim to testify (Article 308)
• Bribery or coercion to testify or to evade testimony or to mistranslate (Article 309)
• Disclosure of preliminary investigation data (Article 310)
• Disclosure of information on security measures applied to judges and participants in criminal proceedings (Article 311)
• Illegal actions in respect of property subjected to inventory or seizure or to be confiscated (Article 312)
• Escape from places of deprivation of liberty, from custody or from custody (Article 313)
• Evasion of the serving of imprisonment (Article 314)
• Failure to execute a court verdict, court decision or other judicial act (Article 315)
• Concealment of Crimes (Article 316).

• Brilliants A.V. Judge's Handbook. Crimes against justice: taking into account the generalization of judicial practice, decisions and clarifications of the Supreme Court of the Russian Federation - M .: Prospect, 2008. - 557 p. - ISBN 978-5-482-02034-0
• Kuleshov Yu. I. Crimes against justice: concept, system, legal analysis and qualification problems: Textbook. allowance. - Khabarovsk: Khabar. state Acad. Economics and Law, 2001. - 152 p.
• Lobanova L.V. Crimes against justice. General characteristics and classification: textbook. allowance. - Volgograd: VolSU publishing house, 2004. - 60 p. - ISBN 5-85534-913-6
• Teplyashin P.V. Crimes against justice: textbook. allowance. - Krasnoyarsk: Sib. legal institute - 2004 .-- 159 p.
• Fedorov A.V. Crimes against justice (questions of history, concepts and classifications) / Otv. ed. A.I. Chuchaev - Kaluga: Politop, 2004 .-- 283 p. - ISBN 5-93821-036-4
• Chuchaev A.I. Crimes against justice: Scientific-practical. commentary. - Ulyanovsk: Press House, 1997. - 78 p. - ISBN 5-900153-24-X

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• Repression