The word “falsification” means forgery, distortion, substitution of the true with the false, and the definition refers to intent. This term is also reflected in the Criminal Code of the Russian Federation in relation, for example, to evidence considered in the legal process. The legislation of the Russian Federation contains Article 303 of the Criminal Code of the Russian Federation “Falsification of evidence”. Let us consider in more detail what are the elements of this crime and the penalties for the perpetrators of this act.
Different elements of crime
Article 303 of the Criminal Code of the Russian Federation contains 4 parts. Let's look at each of them in more detail. At the same time, Article 303 Part 1 of the Criminal Code of the Russian Federation considers the following subject of crime in a civil case: evidence (physical and written). Attackers can forge them in order to distort the results of the investigation.
Article 303 of the Criminal Code of the Russian Federation in parts 2 and 3 determines that evidence in a criminal case may be information on the basis of which law enforcement and judicial authorities establish circumstances relevant to the investigation. The following are allowed as such: testimony of the victim and witness, as well as the suspect and the accused, the opinion of an expert and specialist, things, records of judicial and investigative actions, as well as other types of documents.
In part 3 of Art. 303 of the Criminal Code of the Russian Federation with comments, we are talking about those counterfeit evidence that led to a conviction to life imprisonment or, conversely, as a result of which the court decided to release the perpetrator from liability.
The objective side in part 4 implies actions that were aimed at deliberately distorting the results of the operational investigation.
Falsification of evidence under Art. 303 of the Criminal Code of the Russian Federation
This norm of criminal law is subject to application in the following cases:
1. if fabricated evidence is presented in a civil or administrative case: then the person who acted intentionally bears criminal liability, he can be either a participant in the process or his representative. There are situations when the representative may not know that the document is not genuine.
Example No. 1 . Kozlov A.M. entered into an agreement with lawyer A.E. Markin. for the provision of representation services in civil proceedings regarding reinstatement at work. Considering himself illegally dismissed, Kozlov A.M. handed over to representative Markin A.E. sick leave, which indicated the period coinciding with the absenteeism imposed by the employer, A.M. Kozlov himself. did not take part in the trial. During the proceedings, the defendant (the employer's representative) was able to prove that the sick leave was fake, since responses were received from the medical institution - Kozlov did not apply for medical care during the specified period. Subsequently, Kozlov was prosecuted under Art. 303 of the Criminal Code of the Russian Federation, and in relation to lawyer Markin A.E. no charges were brought against him for using forged documents, since no evidence of his knowledge was obtained.
2. if there is falsification in an administrative case, both the participant in the administrative proceedings and his representative, as well as the official who directly compiled the protocol or is considering the case of such an offense, may be involved.
Example No. 2 . The traffic police inspector drew up a report on the fact of crossing in the wrong place. Pedestrian Ivanov K.E. challenged this protocol, presented evidence to the court about the absence of a pedestrian crossing in the place where Ivanov was seen (the protocol indicated that there were zebra crossings 20 meters away). The court took Ivanov’s arguments into account, declared the protocol on an administrative offense illegal, and subsequently, at the request of Ivanov, the traffic police inspector was prosecuted under Art. 303 of the Criminal Code of the Russian Federation.
3. if the inquirer, prosecutor or investigator created and presented artificially created evidence that does not correspond to reality.
Example No. 3 . In relation to Grinyaev L.D. a criminal case was initiated under Art. 119 of the Criminal Code of the Russian Federation, regarding a threat against his boss E.N. Pigasov. During the proceedings in court, the interrogation protocol of L.D. Grinyaev was examined. dated 04/01/0217 as an accused, in which he admitted his guilt. Grinyaev L.D. stated that in the period from 03/23/2019 to 04/06/2019 he was not in the city, he traveled to the Republic of Azerbaijan for work, presented tickets and notes that he was at the conference every day for the entire period of absence. This interrogation protocol was found to be fictitious, and the person conducting the inquiry was convicted under Art. 303 of the Criminal Code of the Russian Federation.
4. if falsification of evidence occurs in a criminal case involving a serious or especially serious charge. For such actions Art. 303 of the Criminal Code of the Russian Federation provides for the most severe punishment - up to 7 years in prison.
Example No. 4 . Investigator Rebrov A.K. due to improper storage of material evidence, he lost it before the examination - blood samples on the clothes of the accused of committing murder were mistakenly transferred for research in another case, after which it was no longer possible to restore them. Fearing liability for malfeasance, the investigator agreed with one of the experts to fabricate a report stating that the samples were received and the blood on the defendant’s jacket coincided with the blood of the victim, which later became the main evidence of guilt. The defendant's lawyer insisted on requesting evidence and presenting it to the court for review, after which a re-examination was ordered, which revealed that the samples did not correspond to the stains on the clothes. After a thorough check, it was established that investigator Rebrov falsified physical evidence, replacing the lost samples with others obtained in an unknown way from an unknown person. Subsequently, Rebrov and the expert with whom he had an agreement were prosecuted for committing an official crime and falsifying evidence.
5. if the evidence is fabricated as a result of operational-search activities, when a citizen is being persecuted who is obviously not involved in the commission of any crime. We are talking about the illegal activities of operational authorized law enforcement officers (for example, the police department for solving economic, tax or other crimes), whose job is to collect primary materials to resolve the issue of initiating a criminal case.
Example No. 5 . The department for combating economic crimes took measures to establish fraud in the field of lending; a transcript of the conversation between the head of the bank’s credit department and a potential client was presented to the court. Based on the text of the transcript, the boss agreed to illegally issue a loan to a person in exchange for a reward. At the court hearing, the defense stated the need to listen to the audio recording in order to compare it with the text compiled by the operatives. While listening to the audio recording, it was established that the recording did not completely correspond to the printed text, which became the basis for bringing the police detective to criminal liability under Art. 303 of the Criminal Code of the Russian Federation. However, the defendants in the case were nevertheless convicted of committing a crime in the field of lending, since there was other evidence of their guilt.
Criminal cases of falsification of evidence (in any of the above options) are initiated and investigated by officials of the Investigative Committee of the Russian Federation. Therefore, if you are faced with fabrication, you need to prepare an application to the Investigative Committee.
Proof
They are divided into real and written. Among the first are objects that, based on a combination of characteristics, act as a means of establishing the circumstances necessary for the investigation. Contracts, acts, certificates, business correspondence, court decisions and sentences, protocols, other types of resolutions, and more are used as written evidence.
Based on part 2, physical evidence can be items that were used in the commission of a crime or that retained traces of them, as well as those obtained through criminal acts. These may be other objects that determine in one way or another the circumstances of the crime.
Falsification of evidence (Article 303 of the Criminal Code of the Russian Federation)
Shkolnik O.A.
Lawyer of the Central Branch of the Irkutsk Regional Bar Association
In the course of my professional activities, representing the defense of my client - an investigator of one of the investigative units, I discovered that in our comments there is no clear vision of the enforcement of Article 303 of the Criminal Code of the Russian Federation - falsification of evidence in criminal cases. The scope of comments on this article is limited to general phrases. So, for example, in the Commentary to the Criminal Code of the Russian Federation of 1996. (Special part. Edited by Yu.I. Skuratov and V.M. Lebedev, publishing house INFRA M-NORMA), in the commentary to Article 303 of the Criminal Code of the Russian Federation, such concepts as “ object of crime”
"and the "
objective side"
of the crime."
The object of the crime
was the interests of justice and, in some cases, the interests of the individual.
The objective side
of the falsification of evidence in a civil case, the punishment for which is provided for in Part 1 of the article in question, indicated the falsification of evidence and its presentation to the court.
As for the other parts of this article - 2 and 3, which provide for the same falsification, but in criminal cases - there was no characteristic of the objective party
.
As amended in 2000 The same Commentary the objective side
of Parts 2 and 3 of Article 303 of the Criminal Code of the Russian Federation as forgery or fabrication of audit reports and documentary checks, physical evidence, investigative reports and other documents.
In a more recent modernization of this Commentary (2004, Yurayt Publishing House), the concept of the object
of this crime has disappeared altogether. But there was an explanation from what moment the crime is complete - from the moment falsified evidence is added to the case materials in the manner established by procedural legislation.
In general, as follows from the reviewed Comments, there is no clarity on this issue, and the more vague the legislator’s explanation, the greater the opportunity for the law enforcer to interpret the criteria of this article.
I must say that in the literature they occasionally tried to comment on this article, but it sounded in the context of the general use in legislation of the term “falsification”, which did not satisfy the author and forced him, being associated with the need to protect his client (it is not yet known which of these incentives was stronger!), pay close attention to Article 303 of the Criminal Code of the Russian Federation.
With my article, I do not at all aim at something epic, but I will be glad if my judgments seem correct to someone and, in any case, even if they disagree with my judgments, they will help at least cover the gap in this part of the legislation.
.
So, Article 303 of the Criminal Code of the Russian Federation provides for the crime of falsifying evidence in civil and criminal cases.
The word "falsification" in Latin means "to counterfeit."
The social danger of such falsification is the ability of an act to cause harm to social relations, specifically to an objective assessment of human behavior from the position of state ideology and the morality of society. Public danger is inherent in any offense, but they are distinguished by the nature and degree of public danger. It is on the basis of public danger that this crime is included in criminal law in Chapter 31 of the Criminal Code of the Russian Federation - Crimes against justice - based on the importance of the legal consequences that arise as a result of court decisions made in cases. After all, the legality and validity of the latter fully depends on the reliability of the evidence underlying them. Chapter 31 is included in Section 10 of the Criminal Code of the Russian Federation - “Crimes against state power”, since, according to Article 10 of the Constitution of the Russian Federation, the judicial power is part of the system of state power.
Object
Art. 303 of the Criminal Code of the Russian Federation, as stated above, Commentary on the Criminal Code edited by Yu.I. Skuratov and V.M. Lebedev, which guides the law enforcement practice of law enforcement agencies and the court, are the interests of justice, and in some cases the interests personality.
This is where my disagreement with the official position of the editors begins.
As is known, the concept of “corpus delicti” is formed by four groups of characteristics - object, objective side, subject, subjective side.
According to Article 118 of the Constitution of the Russian Federation, justice in the Russian Federation is carried out only by the court.
Justice as a specific direction of the implementation of state power differs from other functions of law enforcement agencies in a number of ways: it is the leading form of implementation of judicial power and is carried out through compliance with the procedure and norms of legal proceedings strictly regulated by law.
Justice has the right to be administered only by the courts specified in the Constitution and federal constitutional laws, which excludes the possibility of assigning justice functions to other government bodies and public associations.
This type of state activity is carried out only in ways determined by law, namely by considering and resolving civil and criminal cases in court hearings in accordance with the procedure established by law. The content of justice in civil cases is the consideration and resolution of disputes arising from civil legal relations and related to the protection of the rights and interests of citizens, enterprises and institutions. The essence of justice in criminal cases lies in the consideration of criminal cases in court sessions and the application of penalties established by law to persons guilty of committing crimes, or the acquittal of the innocent. The guilt of the accused of committing a crime can only be established by a court verdict that has entered into legal force.
Thus, the immediate object
Article 303 of the Criminal Code of the Russian Federation represents the interests of justice in the objectivity and legality of the materials provided to them as evidence in civil and criminal cases.
Since almost any criminal case presented for the administration of justice has an injured party, whose rights may be violated due to falsification of evidence, an additional object
This crime may include both the interests of the individual and the interests of legal entities. In other cases, such as, for example, the illegal production of narcotic drugs (Part 1 of Article 228.1 of the Criminal Code of the Russian Federation), there is no additional object.
Based on the essence of the above object, we can say that the objective side of the crime,
provided for in Art. 303 of the Criminal Code of the Russian Federation, is expressed in falsifying evidence and submitting it to the court. For both civil and criminal cases.
According to the construction of the objective side, the corpus delicti is material
– criminal liability begins from the moment the materials are accepted for consideration by the court.
As an example, consider this case. The investigator, at the preliminary investigation stage, falsified evidence of the person’s guilt and transferred the case materials to the court, where the falsification was revealed. The investigator in this case will be held liable under Article 303 of the Criminal Code of the Russian Federation.
The case is different. The same investigator, at the preliminary investigation stage, falsified evidence of a person’s guilt or innocence and, without transferring the case to court, terminated it. The grounds for termination may include both rehabilitating and non-rehabilitating circumstances. In this case, the corpus delicti provided for in Article 303 of the Criminal Code of the Russian Federation is absent. Responsibility arises under Art. 292 of the Criminal Code of the Russian Federation, which provides for criminal liability for official forgery.
The subjective side of the crime
consists of the direct intent of the person to falsify evidence; the motive and goals are varied.
Subject of the crime
. The range of subjects is outlined by the disposition of the article - in civil cases - the parties to the case: the plaintiff, the defendant, the interested party involved as such by the Determination or Resolution of the court, their representative, whose powers are formalized in accordance with Article 53 of the Code of Civil Procedure of the Russian Federation and who have entered into the judicial process. A person who directly falsifies evidence, but is not a party to the case, is not liable under Article 303 of the Criminal Code of the Russian Federation. His liability may be provided for in other articles of criminal law, depending on the subject, goals and motives of the falsification.
In criminal cases - the person conducting the investigation, in accordance with his official duties, the prosecutor or defense attorney.
In this regard, it should be noted that the subject will not be the person who accepted the case for proceedings in violation of the requirements of the Code of Criminal Procedure of the Russian Federation, outside the scope of his procedural rights. An example of this would be a criminal case being processed by the Irkutsk Regional Court. Thus, the prosecutor of one of the districts, based on Part 1 of Article 228 of the Criminal Code, initiated a criminal case and determined the form of preliminary investigation - inquiry. After the expiration of a month, the inquiry authorities, in violation of the requirements of paragraph 4 of Article 150 of the Code of Criminal Procedure of the Russian Federation, which requires the transfer of the case to the preliminary investigation authorities only on the written instructions of the prosecutor, without the instructions and consent of the prosecutor, transferred the case to the preliminary investigation authorities, where it was accepted on the instructions of the head of the investigation department an investigator was brought into production and conducted an investigation into it, for which he was subsequently accused of falsifying materials.
In this case, the investigator is not the subject of the crime, because his actions were initially a gross violation of the requirements for the forms of preliminary investigation in the criminal procedural legislation, were beyond the scope of his official powers, and therefore all investigative actions carried out by him in the case were obviously unacceptable in as evidence and had no legal force.
In this case, the actions of the investigator, if there is intent to falsify evidence, unaware of the lack of authority to conduct a preliminary investigation in such a case, by virtue of Article 30 of the Criminal Code of the Russian Federation must be qualified as an attempt on an unsuitable object and form a crime under Article 292 of the Criminal Code of the Russian Federation with application of Article 30 of the Criminal Code of the Russian Federation - attempted forgery.
Summarizing what has been written, I consider it necessary to emphasize my main conclusion: criminal liability under Art. 303 of the Criminal Code of the Russian Federation for falsification of evidence in civil and criminal cases occurs only in the case of falsification of such evidence with its provision to the court by persons whose rights and responsibilities include their collection and provision to the court for a judicial decision.
Falsification of evidence
This definition means the distortion of factual data that serves as evidence, as well as their destruction, the preparation of false information, and the introduction of distorted information into a document.
Falsification in criminal cases consists, for example, in the fact that material evidence is deliberately destroyed, there is a fact of falsification of an expert’s conclusion, or an interrogation report is drawn up that actually did not take place, and other similar actions are committed.
Nuance
In Part 2 of the commented norm, one of the mandatory additional punishments is deprivation of the right to hold positions or conduct activities specified by the court. This sanction indicates that only a lawyer can be the subject of the crime in this case. Other citizens acting as defenders, including relatives of the accused, are not liable under this article.
The end of the crime
When falsified evidence is submitted to the justice authorities, the crime is considered over from that moment (in the case of a civil case). In criminal proceedings, the situation is different: when the investigator, prosecutor or interrogating officer falsifies evidence, the crime is completed. If the defendant’s defense attorney acts as the offender, the act is over if false evidence is presented to law enforcement and judicial authorities.
Even if the falsified evidence did not in any way affect the course of the case or was not taken into account, the very fact of its existence and the commission of an unlawful act refers to the crime described by Art. 303 of the Criminal Code of the Russian Federation with comments (Criminal Code of the Russian Federation).
Subjective part
The perpetrators may be citizens who have special characteristics, according to the function they perform within the framework of proceedings in a specific case. According to the first part of Art. 303 of the Criminal Code of the Russian Federation, they are the subjects participating in the proceedings. These are civil plaintiffs/defendants and their representatives. According to the second part of the norm - citizens conducting inquiries, investigators, defense attorneys and prosecutors. The commission of actions involving falsification of evidence by an entity not included in the list of persons listed, in the presence of appropriate circumstances, may be qualified as complicity in the act.
Subject
Article 303 of the Criminal Code of the Russian Federation, Part 1, defines the subject - an individual who was 16 years old at the time of the commission of the unlawful act. It is a participant in a civil case or its representative. In this case, the person must be sane.
In part 2, the subject is the inquirer, prosecutor, investigator or defense attorney. In Part 3, the above list also includes participants in a civil case or their representatives.
If we consider part 4 of the commented article, then the subject here is the person who is authorized to carry out operational investigative activities.
Part 4
Federal Law No. 144 defines the concept of operational investigative work and activities and designates the circle of entities authorized to carry them out. Through operational intelligence, crimes are identified, prevented, suppressed and solved, and the persons preparing, committing or committing them are identified. This activity is also aimed at searching for citizens hiding from justice or missing. Within the framework of operational intelligence, information is obtained about actions/inactions and events that pose a threat to the military, economic, state, and environmental security of the country. The results of activities, for the falsification of which a penalty is established under the norm in question, may be, among other things, information about the implementation/non-fulfillment of a specific event, its participants, the procedure, and the timing of implementation. The subjects conducting operational operations are authorized employees of the relevant departments of the Department of Internal Affairs. Consequently, only they can be held accountable under the fourth part of the rule. It is necessary to take into account that Part 4 does not identify qualified types of crime within the framework of operational intelligence activities. Accordingly, if the action of an operative employee entailed grave consequences, the actions fall only under the fourth part, if they do not contain signs of other crimes.
Penalties
According to Part 1, the person guilty of committing an act is punishable by a fine, the amount of which ranges from 100 to 300 thousand rubles, or in the amount of income for a period of 1 to 2 years. In addition, the court can force the guilty person to perform compulsory labor (up to 480 hours) or correctional labor (up to 2 years). Arrest for a period of up to 4 months can also be applied as punishment.
Punishment under Part 2 is expressed in restriction of freedom for a period of up to 3 years, forced labor for the same period, while the person is removed from office for a certain period, and may also be deprived of freedom for a period of up to 5 years.
Article 303 of the Criminal Code of the Russian Federation (Part 3) provides for punishment in the form of imprisonment for a period of up to 7 years with removal from office.
If the results of the operational investigation were falsified, then the court determines the following measure in relation to the guilty person: a fine of up to 300 thousand rubles, or the income of the convicted person received for a year, or deprivation of the right to hold a certain position for a five-year period. Also, the convicted person may be imprisoned for a period of up to 4 years.
Falsification of ORM results
To liability under Art. 303 of the Criminal Code of the Russian Federation attracts subjects authorized to conduct operational-search activities who have provided false information for the criminal prosecution of a citizen who is obviously not involved in the act, or to cause damage to the dignity, business reputation, or honor of a person. For such actions the following are provided:
- Fine up to 300,000 rubles. or equal to the employee’s income for 1 year.
- Deprivation of the right to hold positions and conduct activities specified by the judicial authority for up to 5 years.
- Up to 4 years in prison.
Objective and subjective side of the crime
In part 1, the objective side is expressed by falsification of circumstances in a civil case. Parts 2 and 3 cover falsification of evidence in criminal cases. The only difference is that in Part 3 distortion of evidence and results of operational investigations in relation to grave and especially grave crimes is subject to consideration. The objective side in this part is expressed in falsification, which led to grave consequences. In this case, we can talk about both criminal and civil cases.
The subjective side in all types of crimes is guilt in the form of direct intent. This means the following: the perpetrator is aware that his actions lead to distortion of evidentiary information, according to which a procedural decision may be made that is contrary to the norms of legal proceedings.
Appeal to the Investigative Committee of the Russian Federation
It is necessary to understand that filing a criminal complaint is a serious step associated with an accusation of committing an intentional crime. Therefore, you should write a statement about falsification of evidence only if there is reliable information about the deliberate falsification of evidence presented to the court. We should not forget about liability for knowingly false denunciation.
If you are sure that you are faced with the deliberate falsification of evidence and are determined to contact law enforcement agencies, you can use the following example:
To the Investigative Department of the Investigative Committee for the Ryazan Region, N.G. Pishchalova, living in Ryazan, st. Stroiteley, 20, tel. 9198888880
STATEMENT
I request that you be held criminally liable under Art. 303 of the Criminal Code of the Russian Federation Ignatov R.P., representative of the plaintiff in the civil case. Of course, we cannot say that it was the representative who was involved in committing the forgery (perhaps he was not informed by the plaintiff about the fabrication). At the same time, if the applicant is sure that a specific person needs to be prosecuted, he can indicate this in the appeal - during the verification, the degree of guilt of each person will be established, and the case can be initiated after the fact, without indicating the full name.
Ignatov R.P. in the interests of the principal Ryabin A.P. A claim was filed in the court of the Construction District of Ryazan for the recovery of funds in excess of the compulsory motor liability insurance payment in the amount of 250,000 rubles (the plaintiff had already received 400,000 rubles from insurance).
It is necessary to write what confirms the conclusion that there was an intentional falsification and not an honest mistake.
As one of the proofs of the validity of the claims presented, the representative of the plaintiff presented an auto technical examination report, which took into account the damage to the engine with repairs in the amount of 120,000 rubles. Automotive expert Ivanov N.N. summoned to the court hearing. explained that this conclusion was drawn up by him, but part of the text does not correspond to reality. So, Ivanov presented a copy of the examination, which remained with him, where there was no damage to the engine.
I believe that Ignatov R.P. deliberately misled the court by forging the signature and conclusions of the expert. During the court hearing, I announced falsification of evidence on the part of the plaintiff’s representative, and his copy of the examination was declared invalid.
Taking into account the above, guided by Art. Art. 144-145 Code of Criminal Procedure of the Russian Federation,
ASK:
Initiate a criminal case against Ignatov R.P. according to Art. 303 of the Criminal Code of the Russian Federation.
On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned. This phrase is required.
Attachment: a copy of the protocol of the court hearing, a copy of the fictitious examination, a copy of the genuine examination, copies of the claim and the court decision.
Pishchalov N.G., signature, number.
After submitting such an application, employees of the Investigative Committee are required to conduct an inspection (its duration is up to 10 days), during which the materials of the civil case considered in court are requested and studied. As a rule, after the initiation of a criminal case, a handwriting (or other, depending on the circumstances) examination of the document is prescribed.
In most cases, falsification consists of forging signatures, dates, etc. There are often situations when investigators have to order not a handwriting examination, but a study to determine how long ago a document was drawn up (for example, in order to establish the date of drawing up a receipt, a will, etc.).
In the sample application to initiate a criminal case, we reflected information about the applicant’s appeal to the judge about the illegal actions of the representative and about the exclusion of the examination as unreliable evidence. Let us clarify that filing such a petition directly in court, even if there is strong evidence of falsification, is a person’s right, not an obligation.
Thus, there are cases of contacting law enforcement agencies after the court has made a decision; this is not prohibited by law. At the same time, you need to understand that it will be extremely difficult to prove the fabrication of documents, because in many respects the initiation of a criminal case depends on the opinion of the court stated in the decision - whether the controversial evidence was accepted or rejected. Agree, if the decision indicates the authenticity of a dubious document, there are grounds to initiate a criminal case under Art. 303 of the Criminal Code of the Russian Federation may not exist. Based on practice, in extremely rare cases, a criminal case under Art. 303 of the Criminal Code of the Russian Federation is initiated in the presence of a decision that has entered into legal force, where the disputed evidence was recognized as reliable, and this always leads to a review of the court decision based on newly discovered circumstances in accordance with Art. 392 Code of Civil Procedure of the Russian Federation.
Read about how to apply for a review of a case based on newly discovered circumstances.
Thus, a statement in a civil proceeding that a party has presented inadmissible evidence does not lead to the initiation of a criminal case until the interested party separately contacts law enforcement agencies. The procedure for filing a statement about falsification during the consideration of a civil case as such is not provided for in the Code of Civil Procedure of the Russian Federation, but one of the norms (Article 186 of the Code of Civil Procedure of the Russian Federation) defines the actions of a judge upon receipt of a statement of falsification of evidence:
- the parties are explained the possibility of presenting other evidence;
- the court may order an examination to verify authenticity.
As follows from practice, the judge additionally explains the consequences of such a statement, as well as the right to apply to initiate a criminal case to law enforcement agencies.
It is necessary to dwell separately on the procedure for declaring evidence inadmissible in the arbitration process. The legislator, in more detail than in civil proceedings, regulates the actions of the court when a fact of unreliability or obvious falsification of documents is discovered.
Article 303 of the Criminal Code of the Russian Federation with comments (Criminal Code of the Russian Federation)
Object - social relations that are necessary to achieve the goal of legal proceedings. Falsification of evidence leads to procedural decisions being made on the basis of false information. In this case, they will not meet the requirements of validity and legality.
The objective side of the crime is actions expressed in forgery, substitution and distortion of information. There is a fact of falsification, in which the false is presented as genuine for a specific purpose.
Subject and subject of the crime
The subject of the crime is material and written evidence that was transferred to the appropriate authorities for investigation of the case.
The act is completed at the moment when false evidence is given for the purpose of being added to the case. In the first case, this crime is provided for in Part 1, in the second - in Part 2.
Subjects are persons who have a specific function performed by them during proceedings in a particular case. In accordance with Part 1 - a civil plaintiff and defendant, in accordance with Part 2 - a prosecutor, investigator, defense attorney, and investigator.
If the actions were carried out by other persons who are not included in this list, then in this case we can speak of complicity in a crime, namely falsification of evidence.
The purpose of committing such an act can be either to release the perpetrator from punishment, or, conversely, to convict a person who has not committed illegal actions.
Laser 303 Review
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The first thing that surprised me was the size, for some reason it seemed to me that the laser should be smaller in size, I liked the protection against accidental clicks in the form of a lock on the back, and the decent weight even without a battery. The laser is powered by one 18650 or 16340 battery; the battery is inserted with the positive side facing out.
The seller's page shows that the laser burns matches, but in reality, no matter what the trick is, the laser does not light matches.
The violet beam is not very bright, but it looks beautiful, the laser hits about 1 kilometer. I strongly advise against giving such a laser to children and inadequate people; for such cases there are much more harmless lasers.
But my joy did not last long, after 2.5 weeks of operation the laser simply stopped shining, so I sincerely apologize for the lack of photos, but in the video review you can see examples of the glow. I would be very grateful if anyone could tell me what could have gone wrong and whether it is possible to repair it on my own.
So let's summarize. For 6.5 dollars we get a useless thing that can only be useful for scaring away dogs and which breaks down very quickly.
Pros:
assembly
Cons:
useless, quickly breaks down, dangerous.
I highly do not recommend buying it. But if you still decide to buy such a laser, do not forget about safety measures, do not look at the dot for a long time, under no circumstances shine the light into the eyes of people or animals, and under no circumstances give it to children or inappropriate people.
PS
Dear Muskovites, our biggest request is that before you downvote, write the reason, I will correct my mistakes and if I missed something, I will add it, let’s treat each other with respect. Thanks for understanding.
Video review from me with examples of glow:
This concludes, thank you for your attention, see you again friends.
