ST 310 of the Criminal Code of the Russian Federation.
Disclosure of preliminary investigation data by a person who has been warned in accordance with the procedure established by law about the inadmissibility of their disclosure, if it is committed without the consent of the investigator or the person conducting the inquiry, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or arrest for a term of up to three months.
Commentary to Art. 310 Criminal Code
1. The subject of the crime is the data of the preliminary investigation, i.e. information obtained during pre-trial proceedings: about the results of investigative actions (interrogations, searches, etc.), about procedural coercive measures, about persons participating in the preliminary investigation, etc.
2. The objective side is expressed in the form of actions to disclose the specified information without the consent of the investigator or the person conducting the inquiry, in violation of the warning about their non-disclosure. Disclosure means unlawful communication, the transfer of relevant information to a person(s) who did not know it, in any form (oral, written, using electronic means, etc.). According to Part 3 of Art. 161 of the Code of Criminal Procedure, data from a preliminary investigation can be made public only with the permission of the investigator, interrogating officer and only to the extent that they consider it permissible, if the disclosure does not contradict the interests of the preliminary investigation and is not associated with a violation of the rights and legitimate interests of participants in criminal proceedings. The prohibition of non-disclosure of preliminary investigation data cannot be extended to a suspect or accused of committing a crime. Disclosure of data on the private life of participants in criminal proceedings without their consent is not permitted. Such actions are qualified according to the totality of crimes provided for in Art. 310 and 137 of the Criminal Code.
3. The crime is considered completed from the moment the preliminary investigation data is disclosed.
4. Special subject: a person warned in accordance with Art. 161 of the Code of Criminal Procedure of the Russian Federation on the inadmissibility of disclosing without appropriate permission the data of the preliminary investigation that has become known to him.
A person suspected or accused of committing a crime for which the preliminary investigation data has been disclosed by them is not considered a subject of a crime under this article.
Disclosure of preliminary investigation data by the investigator, the person conducting the inquiry, the prosecutor, the judge and other persons to whom they became known in connection with their official activities is qualified under Art. 286 of the Criminal Code.
Responsibility for disclosure of information constituting an investigative secret
Participants in a criminal case must be warned in writing by the investigator about the inadmissibility of disclosing the secrets of the investigation and about responsibility for this violation. The circle of these participants is wide: the victim, the civil plaintiff, legal representatives and representatives of the victim and civil plaintiff, defense attorney, civil defendant, representative of the civil defendant, witness, expert, specialist, translator, attesting witness, participants in checking the crime report. Prosecutors, investigators, and interrogators are not included in this circle.
As we can see, the suspect and accused do not sign a non-disclosure agreement. Otherwise, these persons would not be able to fully exercise their right to defense: this is directly stated in the Ruling of the Constitutional Court of the Russian Federation No. 467-O dated December 21, 2004. Unfortunately, in practice, investigators often try to obtain such a subscription from suspects and accused in order to complicate the defense process for them. Such actions can be easily challenged in court by a criminal lawyer.
Second commentary to Art. 310 of the Criminal Code of the Russian Federation
1. Disclosure means making public, despite the existing prohibition enshrined in the procedural act, in any form (oral, written, visual demonstration, using the media or technical means) the data of a preliminary investigation or inquiry. The absence of a properly executed ban excludes criminal liability for the disclosure of preliminary investigation data.
2. The crime is considered completed from the moment the data of the preliminary investigation are made public, i.e. when they became known to at least one outsider.
3. The subjective side is characterized by direct intent.
4. The subject of the crime is the person from whom a subscription was taken regarding non-disclosure of preliminary investigation data with a warning of criminal liability.
Article 310. Disclosure of preliminary investigation data
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- Article 310. Disclosure of preliminary investigation data
Disclosure of preliminary investigation data by a person who has been warned in accordance with the procedure established by law about the inadmissibility of their disclosure, if it is committed without the consent of the investigator or the person conducting the inquiry,
is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or arrest for a term of up to three months.
Commentary on Article 310
Main object
disclosure of preliminary investigation data is in the interests of justice. The interests of the individual may act as an additional object.
The social danger of a crime lies in the fact that unauthorized disclosure of preliminary investigation data can significantly affect the interests of justice: the accused can hide from the investigation and trial, hide the proceeds of crime, warn his accomplices or otherwise prevent the establishment of the truth in the case; disclosure of this data may create an incorrect public opinion about the person accused of committing a crime, the victim of the crime, and other participants in the process; it can negatively affect the relatives and friends of both the subject of the crime and other persons.
The requirement of inadmissibility of disclosure of preliminary investigation materials is also contained in Art. 161 Code of Criminal Procedure of the Russian Federation. According to Part 2 of this norm, the investigator or interrogating officer warns the participants in criminal proceedings about the inadmissibility of disclosing without appropriate permission the data of the preliminary investigation that has become known to them, for which they sign a warning with a warning of liability in accordance with Art. 310 of the Criminal Code of the Russian Federation. Violation of the requirements specified in the subscription is a procedural basis for bringing the perpetrators to criminal liability.
As for the investigators themselves, maintaining official secrets is their professional responsibility.
Since Art. 310 of the Criminal Procedure Code of the Russian Federation (as well as Article 161 of the Criminal Procedure Code of the Russian Federation) does not define a list of data that cannot be disclosed; this should include any information contained in a criminal case.
Objective side
The crime consists of the disclosure of preliminary investigation data by a person who has been warned about the inadmissibility of their disclosure if it is committed without the consent of the prosecutor, investigator or person conducting the inquiry. An act can only be accomplished by action.
The preliminary investigation is carried out by investigators and interrogators.
Under disclosure
It should be understood that it is unlawful to make public the data of a preliminary investigation, regardless of the form of such communication (oral, written, in the media, etc.) and the occurrence of any consequences.
According to the design of the objective side, this composition is formal
.
The crime is considered completed
from the moment the preliminary investigation data is made public, when this information becomes known to at least one outsider who understands the meaning of the disclosed information. If the specified outsider is not able to understand the meaning of the disclosed information for various reasons, then there is an unfinished crime - an attempt to disclose preliminary investigation data (Part 3 of Article 30, Article 310 of the Criminal Code of the Russian Federation).
From the subjective side
disclosure of preliminary investigation data is made with
direct intent
.
The culprit is aware that the authorized person has imposed a ban on the dissemination of preliminary investigation data, that disclosure will make the relevant information available to third parties, and wishes to make the investigation data available to outsiders.
Subject
crime is a person who has been warned in accordance with the procedure established by law about the inadmissibility of disclosing information that constitutes a secret of the preliminary investigation (special subject). The prevention factor in this case is a mandatory element of the crime. Therefore, the disclosure of preliminary investigation data in the absence of a warning does not constitute a crime under Art. 310 of the Criminal Code of the Russian Federation.
Disclosure of preliminary investigation data by an official of the court, investigative or inquiry bodies, to whom such information became known due to the nature of their official activity, may, under the appropriate conditions, entail liability for malfeasance: under Art. 285 of the Criminal Code of the Russian Federation - in the case of an intentional form of guilt in the form of intent and under Art. 293 of the Criminal Code of the Russian Federation - in the case of a careless form of guilt and in the presence of the consequences specified in the disposition of Art. 293 of the Criminal Code of the Russian Federation.
Who is obliged to remain silent
Attention! Since the article for the dissemination of data from the preliminary investigation concerns its participants, everyone must remain silent, from the parties to the proceedings to uninterested outside witnesses.
The majority of persons participating in the process believe that immediately after leaving the investigator’s office it is necessary to keep your mouth shut, otherwise you may fall under Article 310 of the Criminal Code of the Russian Federation or other legislative acts.
In fact, in the legislation ( Article 161 of the Code of Criminal Procedure of the Russian Federation ) there is a clause that includes a list of information that is strictly confidential, as well as a list of punishable acts:
- Failure to comply with the law on the part of officials and the state.
- Vocalization of prohibited materials through the media.
- Ignoring the law regarding reservations in open meetings.
If the presentation of certain data was necessary during the submission of documentation to government agencies, the disclosure of information does not constitute a criminal activity.
The fact of transferring information and materials to a specialist brought in to investigate the issue also falls into the same category. But there is one condition, which is that he signs secret information.
Non-disclosure: keep quiet about everything?
Most participants in the process, leaving the office of the investigation or inquiry department, where they signed papers on maintaining the secrecy of the investigation, think that even one word about a criminal case outside the department of the Ministry of Internal Affairs may threaten them with an article of the Criminal Code of the Russian Federation. Before you are afraid to say too much, you need to know that Article 161 of the Code of Criminal Procedure of the Russian Federation does not impose a taboo on the disclosure of data:
- On non-compliance with the law of the Russian Federation by officials and government authorities in general.
- Voiced by authorized employees in the media, through television and in any other way through which information was transmitted to the masses.
- Discussed in an open court hearing.
If the presentation of data was required when submitting documents to government authorities, disclosure of information is not a crime. The transfer of case data to a specialist involved in the investigation will also fall into this category, but subject to his signing a document on secret data.
What is the secret of the investigation?
The country’s criminal procedural legislation does not contain a detailed definition of this concept, but within the framework of Art. 161 of the same code imposes a ban on the dissemination of any information relating to the case under investigation. It is imposed in connection with the assumption that information on the proceedings may be fraught with irreversible consequences if they end up in the hands of fraudsters, witnesses, victims, and other persons involved.
Documentation related to the non-distribution of materials is taken by the investigator without permission from the parties participating in the process. Permission is granted only to specialists conducting business. It is necessary that a certain set of conditions be met :
- No negative impact of the information provided on the course of the investigation.
- Those involved will keep their rights and interests to themselves, and they will be protected.
The factor of inadmissibility of disclosure on the part of government officials must also be observed. Information about the personal lives of the participants in the case does not have the right to be disseminated without auxiliary permission, since the information is confidential.
There is no specific list in Russian laws that could determine the secrecy of information. In each individual case, officials make decisions based on individual characteristics.
Based on the commentary to Art. 310 of the Criminal Code of the Russian Federation, it can be noted that the object of the crime is social relationships, through which the secrecy of the investigation and inquiry is achieved.
In this case, the role of the subject is considered to be any materials obtained as part of the proceedings in the pre-trial period. They may refer to the evidence and evidence collected and its sources.
The essence of the problem
The Russian Criminal Procedure Code does not contain such a concept as “investigative secrecy.” 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 government has every right to demand from the participants in this case non-disclosure of any specific data and any other information that becomes clear during the investigation. And this is already legalized by Article 161 of the Code of Criminal Procedure of Russia.
Violation of the reasonable demands of a representative of the law entails punishment under Article 310 of the Criminal Code of the Russian Federation. What is the reason for such strictness? In this case - only in the interests of the case. When investigating the circumstances of a particular criminal case, various circumstances are gradually revealed that help the investigator or investigator find out the truth. Sometimes even a little thing that is accidentally revealed in a conversation with witnesses or other persons involved in the case can shed light on the reason for the crime committed. If it is made public until the end of the investigation, the perpetrators will be warned and will be able to properly build their defense. A person who does this will essentially create some kind of obstacle to the investigation. This will be regarded as a crime against justice, for which punishment is provided under article number 310 of the Criminal Code of the Russian Federation. Such a measure should force violators to answer for their actions.
Triumph of justice
It will be possible to solve a crime only if citizens who, by necessity, are privy to certain circumstances of the case, do not interfere with this. All data from the preliminary investigation must be kept in the strictest confidence. In practice, this means information:
- the progress of the ongoing investigation;
- about all the evidence in the case and the sources from which it was received;
- about the testimony of specific persons obtained during interrogation;
- about planned investigative or operational search activities.
A citizen who makes such information public without appropriate permission will have to answer before the law for his rash or intentional actions.
Article 310 of the Criminal Code of the Russian Federation provides for punishment in the form of:
- A fine, the amount of which can reach 80 thousand rubles or the citizen’s total income for a period of up to six months.
- Compulsory work for a period of no more than 480 hours.
- Correctional labor, the duration of which, depending on the court decision, can be up to 2 years.
- Arrest, that is, restriction of freedom, which can last no more than 3 months.
The specific punishment is assigned by the court depending on the severity of the consequences of the offense committed.
Investigation rules
During the investigation of a crime, representatives of the law, as a rule, require participants in the process to keep secret everything that they may become aware of during this time. For such purposes, investigators, interrogators or operatives have the right to take a subscription from these citizens, in which each of them undertakes not to disclose any information that relates to the circumstances of the unlawful act committed. Such a document is drawn up in writing and attached to the case materials. If one of the defendants decides to break his promise, the court will be able to hold him criminally liable for such actions in accordance with Article 310 of the Criminal Code of the Russian Federation. This decision is completely justified. After all, if this or that information becomes known prematurely to persons having a procedural interest, this will allow them in advance:
- destroy existing evidence;
- neutralize witnesses;
- eliminate persons who possess information useful for finding out the truth;
- involve for your protection other persons who may influence the representatives of the law conducting the investigation.
All this can lead to the fact that the investigation reaches a dead end and the offender will be able to avoid fair punishment.
