Knowingly false report of an act of terrorism: Article 207 of the Criminal Code of the Russian Federation

Knowingly false reporting of an act of terrorism is one of the most common and serious offenses, and the most discussed one these days. Often this crime is committed by teenagers who have not reached the age of majority. The consequences of the crime are very difficult to imagine, but they are very harmful and dangerous. This article will answer the following question: why is it a crime to falsely report an act of terrorism?

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General characteristics of the crime

A knowingly false report of an act of terrorism means a false premeditated notification of impending actions that are dangerous to society, as a result of which there is a likelihood of death of people or significant damage to property, including its complete destruction. Often, the circumstances of a planned terrorist act are invented by an informer who, as a rule, is not capable of committing an offense.

This crime is regulated by Article 207 of the Criminal Code of the Russian Federation. The commentary attached to Article 207 of the Criminal Code of the Russian Federation informs that the danger of a crime is due to:

the possibility of panic;
disruption of the functioning of the transport system and labor activities of organizations;
the need to spend a large amount of time and material resources, because After receiving false reports, law enforcement officers are forced to carry out search activities.

It is worth noting that reporting an alleged terrorist act is not considered under Article 207 of the Criminal Code of the Russian Federation.

In 2003, the Republic of Dagestan recorded a record level of such crime - 55 cases of false deliberate denunciation.

As a rule, deliberately false and deliberate reporting of an act of terrorism is carried out on the basis of religious, political beliefs, as well as the personal and selfish motives of the informer. In addition, an atrocity can be committed with the aim of organizing public terror. Each of these factors is considered during the investigation and affects the final verdict.

The prosecutor explains: liability for knowingly false reporting of an act of terrorism

Article 207 of the Criminal Code of the Russian Federation. Knowingly false report of an act of terrorism.

From time to time, the media publishes breaking news about the evacuation of people from buildings where a bomb is allegedly planted. In most cases, reports of mining are false, their purpose is to create chaos, unrest, and in one way or another influence the decision-making of authorities. Such actions are criminally punishable; liability for them is provided for in Article 207 of the Criminal Code of the Russian Federation. knowingly false information about an impending explosion, arson or other actions that create a danger of death, causing significant property damage or other socially dangerous consequences, committed out of hooligan motives

It's hard to imagine, but the negative consequences of false terrorism calls can be far reaching. As a result of the evacuation, which is often disorderly and chaotic, there may be casualties: people who are pushed in the crowd; children who stutter out of fear for the rest of their lives; pregnant women whose health is at risk. In addition, the activities of organizations and enterprises are suspended, the production process is disrupted, electronics fail, etc. Usually, a deliberately false message about an impending explosion can be in the form of a telephone call to the numbers of special services and institutions. In some cases, the call may be addressed to a specific person - an official (for example, the responsible metro duty officer) or an ordinary employee of an organization. Sometimes they can call a complete stranger who has nothing to do with the place where the explosive device is supposedly located. In practice, there are other ways of transmitting a message - a letter (including electronic), SMS message, telegram, video message, orally. Most often, calls about terrorism are made anonymously, without the use of a cellular connection (for example, through a payphone).

However, for criminal liability it does not matter whether the criminal gave his information or not. The main feature of the crime under Art. 207 of the Criminal Code of the Russian Federation, is a deliberate falsity of the message, that is, the accused realizes that there is no danger of a terrorist act in a certain area (in a room, structure, etc.), but at the same time deliberately reports false information to the authorities about the threat of an explosion. If the caller knows for sure that a bomb is planted in a specific place and passes this information to the police, there will be no corpus delicti in his actions. In this case, three options are possible: A person knows for sure that society is in danger - for example, he moves in criminal circles, he becomes aware of an impending explosion, he wants to prevent it and call the police. There are no signs of a crime in the actions of such a person. The person learned about the impending explosion and reported it to the police, but when the police examined the object, nothing dangerous was found. Bringing charges for a knowingly false report of an act of terrorism under Article 207 of the Criminal Code of the Russian Federation is possible only if there is hooligan intent on the part of the person to inform other persons (most often law enforcement officials): about an impending explosion; about arson; about other actions that create a real danger to people’s lives: accidents at life support facilities (stations, medical institutions, social facilities, etc.), epidemic, radioactive contamination of the territory, attack on military facilities, etc.; about actions that may lead to significant material damage to citizens (comparable in significance to the consequences of arson or explosion). Who can be involved Becoming an accused in a case of a crime under Art. 207 of the Criminal Code of the Russian Federation, any person who has reached the age of 14 can. It does not matter whether this person is a citizen of the Russian Federation or whether he has any citizenship at all.

To be fair, it should be noted that it is teenagers who become accused in such cases - for them, calling the police and reporting a terrorist attack is something like pampering. Often young criminals call well-known numbers of special services (for example, 02 or 112); they often use cell phones, which greatly facilitates the task of investigative authorities to establish the identity of the caller as soon as possible. A minor accused is not always sentenced; it all depends on the circumstances of the act committed.

Thus, if, as a result of a false report about a bomb, negative consequences of an exclusively material nature occurred, without casualties or harm to the health of anyone, in the presence of mitigating circumstances - admission of guilt, repentance, committing a crime for the first time, etc., the court can completely release the teenager from assignment of punishment. At the same time, educational measures may be determined for him.

At the same time, from January 1, 2022 , changes were made to the Criminal Code of the Russian Federation to toughen the punishment for this crime. Currently, Article 207 of the Criminal Code of the Russian Federation has four parts (before January 1, 2018 there were two), each providing for a separate sanction. Thus, the convicted person faces: a fine in the amount of 200,000 rubles to 500,000 rubles , restriction of freedom for up to three years (for a “simple” crime - a false report with hooligan motives); fine from 500,000 to 700,000 rubles , imprisonment from three to five years of imprisonment. Such punishment can be imposed in two cases: if the damage caused is more than one million rubles; when the culprit reported an impending explosion at particularly significant social facilities (for example, an airport, railway station, hospital, kindergarten or school, etc.). Fine from 700,000 to 1 million rubles , imprisonment from 6 to 8 years - if the message was made with the aim of influencing the authorities, destabilizing their work. Fine from 1,500,000 to 2 million rubles , imprisonment from 8 to 10 years - when, as a result of guilty actions, the death of one or more people occurred, other serious consequences occurred (for example, in the form of long-term disorganization of the work of emergency services). Before the changes, the period of isolation for similar criminal acts was limited to 5 years and the recovery of material damage.

In addition to criminal penalties, the convicted person often bears civil liability for false reporting of terrorism.

For example, during criminal proceedings or later, a claim may be brought against the perpetrator: for compensation for damage caused to health (when people are injured as a result of a stampede, the cause of which was a call about an explosion) for compensation for moral damage - for suffering of a psychological nature. The price of the claim may also include the cost of examination by a specialist and the price of prescribed psychotherapy. In practice, there is a case where, due to fear as a result of a false call about a bomb at the conservatory, a woman was unable to cope with the panic attacks that plagued her upon entering the building. The victim, a respected teacher with many years of experience, had to change her job - compensation for these losses was recovered from the culprit. for compensation for material damage resulting from damage to the finishing of the premises, cabinets, windows and doors. In a panic, rarely does anyone think about caring for property. People rush to save their lives and take all possible means to do this, while the law exempts them from the obligation to reimburse the cost of repairs, since they acted in a state of emergency.

Thus, by the verdict of the Kalininsky District Court of Chelyabinsk dated July 16, 2022, a resident of the Kalininsky District of Chelyabinsk was convicted under Part 2 of Art. 207 of the Criminal Code of the Russian Federation - a knowingly false report about an act of terrorism, that is, a knowingly false report about an impending explosion that creates a danger of death, causing significant property damage or other socially dangerous consequences, committed out of hooligan motives in relation to a social infrastructure facility.

During the judicial investigation, it was established that A.D.Yu. While in a state of alcoholic intoxication, he made a call to number “02” where he reported knowingly false information about an explosive device planted in an apartment building at the address Chelyabinsk, st. Abrasive, house 50, which he will put into action.

During the court hearing, the defendant pleaded guilty and supported the motion to consider the criminal case in a special manner. The court, taking into account the nature and degree of public danger of the crime, mitigating and aggravating circumstances of the defendant’s personality, sentenced: to recognize A.D.Yu. guilty of committing a crime, and imposed a sentence of imprisonment for a period of 3 (three) years on the basis of Article 73 of the Criminal Code of the Russian Federation, the punishment was suspended with a probationary period of 2 (two) years.

Parties to the crime

For a thorough and detailed analysis of the crime, the investigation needs to determine its subjective and objective aspects. In the case of knowingly false information about an act of terrorism, the following parties are identified - the subject and object of the offense:

The subjective side of the offense is a false denunciation of the presence of an impending terrorist attack that threatens the safety of society. Such denunciation can be presented in different forms, including it can be anonymous. The message can be transmitted by telephone, in writing, including electronically, as well as through other persons.
The objective side of the offense is the informer’s intent to transmit false information to the public or authorities about an impending act of terrorism. It is assumed that a person who reports false information about an impending act of terrorism is fully aware of the fact that he is conveying information that is not true.
The subject of the offense is an individual who makes a false denunciation of a planned terrorist act and has reached the age of criminal responsibility (in the Russian Federation - 14 years).
The object of the offense may be public safety, the rights of individuals and private or public organizations.

The investigation needs information such as the causes, weapon of the crime, time, place, and setting. Only after accurately identifying the parties to the crime, its subjects and objects, can investigators talk about the elements of the crime.

What is telephone terrorism

The autumn of 2022 in Russia was overshadowed by a huge number of calls to most major Russian cities, warning about the threat of a terrorist attack in various public institutions and establishments. These messages warned of the threat of a terrorist attack and, as a result, in accordance with the current regulations, special services carried out a mass evacuation of people from the facilities where such calls were received, which paralyzed the activities of many organizations and required the use of a wide variety of resources - including special equipment and work experts.

The consequences of such actions were the evacuation of more than 400 thousand people across the country in September alone, and the economic damage from these acts over the same period amounted to more than 1 billion rubles.

The wave of such calls, which were accompanied by threats of terrorist attacks or simply information about their possible implementation, was called an epidemic of “telephone terrorism.” Accordingly, it was precisely for false reports about terrorist acts, explosions, arson or other public dangers that the definition of “telephone terrorism” was assigned in the public understanding. At the same time, a discussion arose in society on the topic of introducing penalties for such actions, despite the fact that certain liability was already provided for by the provisions of the current legislation.

Important fact

It should be noted that “telephone terrorism,” which began to be talked about in society only at the end of 2022, took place earlier, but not on such a scale. It should be distinguished from telephone hooliganism, which is most often classified as another crime or offense. And, despite the possibility of hooligan motives in messages about terrorism, this crime and the punishment for it are much more severe than in the case of traditional telephone hooliganism.

Additional aspects of the crime

Additional parties to this crime are the recipients, that is, persons who receive knowingly false information about terrorist actions from the informer.

They may be:

law enforcement and public safety authorities;
authorities;
management of influential organizations (business centers, shopping centers);
press service management.

The informer commits this offense for the purpose of making information public. Therefore, as a rule, individuals are not the recipients of denunciations.

Existing penalties

For a knowingly false denunciation of an act of terrorism committed by a person or group of persons who have reached the age of fourteen, several types of punishment are provided, regulated by Article 207 of the Criminal Code of the Russian Federation, part 1 (as amended on February 19, 2022):

fine up to 500 thousand rubles;
correctional labor – no more than 3 years;
arrest for up to 6 months;
restriction of freedom – no more than 3 years.

If the offender has not reached the age of fourteen, all of the above penalties do not apply to him.

In accordance with Part 2 of Article 207 of the Criminal Code of the Russian Federation, the above act, which entails damage or destruction of property, is punishable:

a fine of up to 700 thousand rubles;
imprisonment - up to 5 years.

As a punishment for persons under the age of majority, sanctions may be applied in the form of expulsion from the educational institution in which the culprit is studying, as well as the imposition of responsibility on the parents of the culprit.

Prevention measures

It is almost impossible to prevent such crimes. In order to reduce the number of false reports of acts of terror among young people, educational institutions are holding events aimed at explaining this law and informing about the possible consequences of the offense for the public and for the offenders themselves.

Participating in the information process are:

Teachers of schools and higher educational institutions.
Parents of teenagers.
Guardianship workers.
Juvenile law enforcement officials.

School students take part in class hours devoted to the problem, prepare reports and abstracts. Parents, teachers and school psychologists conduct individual educational conversations with students.

The acquittal

Article 207 of the Criminal Code of the Russian Federation does not consider cases in which:

the person had fictitious information about the preparation of a terrorist act;
the person did not have the intention to provide knowingly false information, because it was misled by another person.

In all of the above cases, a person is not liable in accordance with Article 207 of the Criminal Code of the Russian Federation, since this does not apply to knowingly false information.

Accordingly, if the person who committed the crime was misled, he will not be held accountable.

Why is there criminal liability for false reporting of a terrorist attack?

Some people believe that a telephone prank is just an innocent prank that does not carry any negative consequences. However, such calls can cause considerable discomfort to citizens who become victims of such pranks. If a person knowingly provides false information to law enforcement agencies, then he commits a crime. Upon receiving a call, police officers must carry out appropriate checks, spending time, resources and funds from the state budget.

The most serious of these crimes is the communication of knowingly false information about a planned terrorist act. In this case, the caller causes several types of damage:

citizens of the Russian Federation who are in the expected affected area and must be evacuated;
the state, which allocates funds for the work of special services that go on call.

After receiving a message about a terrorist attack, police, firefighters, and doctors go to the scene. Also, depending on the circumstances, explosion experts, dog handlers and other specialists may be involved who will try to prevent a possible explosion.

Cases of an offense

There are many examples in judicial practice when false denunciations about an impending terrorist act led to serious consequences:

In 1995, in Rostov-on-Don, a man contacted the FSK department. He said that he would turn off two mines with which he plans to blow up a regular bus if he is paid 200 thousand rubles. As a result of illegal actions, the man was detained and faced a sentence of 4 years in prison. The motive in this case turned out to be a banal lack of material resources, and all activities were based on the desire to earn money. At the same time, more than 7 million rubles were spent on activities to search and detect explosives.
In 1996, a man called a Voronezh hospital and reported explosives in the building. More than 100 patients were evacuated, including patients who were in serious condition. As a result, one person died and important operations were suspended.
In the same 1996, the administration of Vnukovo-1 airport received a call reporting a bomb threat. Everyone inside the airport building was evacuated and flights were delayed.

Any case where there was a false report of an impending act of terrorism was accompanied by losses of various kinds.

In some cases, these losses were material, and in others, false denunciations led to the death of people. Therefore, it is difficult to disagree with the fact that this crime is quite dangerous for modern society.

What specialists go to the scene of the incident?

Having received a message about an impending terrorist act, an official is obliged to send representatives of the following structures to the scene of the incident:

Law enforcement officers. The task of the police is to check reports of terrorism, isolate the territory, neutralize terrorists, and prevent the negative consequences of this incident. Law enforcement officers organize the evacuation of people from dangerous areas, prevent the development of panic, etc.
Ambulance. A medical team is providing assistance to the victims. Also, specialists should provide first aid to particularly impressionable people who were shocked upon hearing about a possible terrorist attack.
Firefighters. Fire service representatives must stop a fire caused by arson or explosion.
Dog handlers, explosives technicians. Their task is to search for detonating devices in order to prevent a tragedy.

By reporting a false terrorist attack, the criminal distracts specialists from performing their functional duties. Accordingly, persons who find themselves in real danger may suffer from his actions.

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For example, an attacker called law enforcement officers and reported that a large office building had been mined. To prevent a terrorist attack, police, firefighters and doctors immediately rushed to the scene. 20 minutes later it became known about a large fire in the neighboring area. The fire service was unable to put all its efforts into extinguishing the fire, as some of the vehicles left on a false call. As a result, several people died in the fire.

To ensure that the call is false, specialists need to carry out a number of procedures that require a significant amount of time. Sometimes such checks last several hours.

Having responded to a call, law enforcement officers perform the following actions:

cordon off the territory;
evacuate people;
carry out the necessary checks aimed at identifying an explosive device.

As a result of such actions, everyone suffers: citizens experience stress, specialists who respond to a false call lose time that they could use to prevent real tragedies. The law obliges law enforcement officers to respond to any report of a terrorist attack. They do not have the right to ignore the call, even if they are sure that the caller is pranking them. And this is another reason why such false reports are subject to criminal liability.