Rehabilitation of Nazism (Article 354.1 of the Criminal Code of the Russian Federation)

Comments on Article 354 of the Criminal Code of the Russian Federation

Direct aggression is not always a source of disruption to the state of peace between states. Creating tension by promoting negative and aggressive information can lead to tragic consequences.

Propaganda activities in the form of a call for war contribute to the formation of ideological foundations in society that influence the positions of the warring states. Propaganda of military actions is condemned by the world community, as it is the most powerful weapon in inciting interstate aggression.

The objective side is reflected in the appeal to a large number of people with the propaganda of aggression, verbally or in writing. Calls for war are exclusively public.

Forms of crime:

propaganda meetings;
rallies;
hanging posters;
dissemination of information using audio and video media;
printing leaflets;
other.

The crime is considered completed from the time of completion of any of the above actions. The composition of the act from the objective side is considered formally.

Motives for the crime:

Nazi;
religious;
racist;
selfish;
other.

Preparation of actions for an act does not entail criminal liability, since the disposition of Part 1 and Part 2 of Art. 354 of the Criminal Code of the Russian Federation provides for a crime of medium gravity.

The offender must be aware of:

The purpose of the act is to incite war.
The crime entails the fact that the kindled war will be of an aggressive nature.

When promoting military aggression, the use of the media increases the social danger of this act, because the information is perceived by a large audience.

Commentary to Art. 354.1 Criminal Code

1. The objective side is characterized by: a) denial of the facts established by the verdict of the International Military Tribunal for the trial and punishment of the main war criminals of the European Axis countries, i.e. disagreement with the decision taken on October 1, 1946 in Nuremberg (Germany) to recognize as criminal the activities of organizations of Nazi Germany, such as the SS, SD and Gestapo, as well as the actions of a number of members of the leadership of the Nazi Party and punish them; b) approval of the crimes established by the specified sentence, i.e. recognition of the correctness of committing crimes against peace and war crimes; c) dissemination of deliberately false information about the activities of the USSR during the Second World War. The method of committing acts is specified in the law - public, they must be addressed to an indefinite circle of persons.

2. The crime is considered completed from the moment of commission of one of the alternatively specified acts.

3. The objective side of the crime provided for in Part 3 is the public dissemination of information expressing clear disrespect for society about days of military glory and memorable dates in Russia related to the defense of the Fatherland, a full list of which is contained in Federal Law of March 13, 1995 No. 32 -FZ “On the days of military glory and memorable dates of Russia”, as well as in the desecration of symbols of military glory of Russia. The crime is completed from the moment one of the actions specified in the law is committed.

Criminal Code of the Russian Federation in the latest edition:

Article 354.1 of the Criminal Code of the Russian Federation. Rehabilitation of Nazism

1. Denial of the facts established by the verdict of the International Military Tribunal for the trial and punishment of the main war criminals of the European Axis countries, approval of the crimes established by the said verdict, as well as the dissemination of deliberately false information about the activities of the USSR during the Second World War, about veterans of the Great Patriotic War, committed publicly -

shall be punishable by a fine in the amount of up to three million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or by imprisonment. for the same period with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

2. The same acts committed:

a) by a person using his official position;

b) by a group of persons, a group of persons by prior conspiracy or an organized group;

c) using the media or information and telecommunication networks, including the Internet;

d) with artificial creation of evidence of accusation, -

shall be punishable by a fine in the amount of two to five million rubles or in the amount of the wages or other income of the convicted person for a period of one to five years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

3. Dissemination of information expressing obvious disrespect for society about days of military glory and memorable dates of Russia related to the defense of the Fatherland, as well as desecration of symbols of military glory of Russia, insulting the memory of defenders of the Fatherland, or humiliation of the honor and dignity of a veteran of the Great Patriotic War, committed in public, -

shall be punishable by a fine in the amount of up to three million rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to three years. with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

4. Acts provided for in part three of this article, committed by a group of persons, a group of persons by prior conspiracy or an organized group, or using the media or information and telecommunication networks, including the Internet, -

Return to the table of contents of the document: Criminal Code of the Russian Federation in the latest edition

Article 354: public calls for war

The article implies deliberate influence on a large audience, which leads to the unleashing of military aggression. This impact can be expressed through the media, rallies, meetings, distribution of literature, etc.

The object of the act is a violation of peace between states and peoples. The subject of the act is a person recognized as sane and over sixteen years of age. Actions committed by the subjective party are criminal and entail irreversible consequences, expressed in significant casualties and losses.

Public calls for war are usually distinguished from incitement. The openness of the appeals and their general nature may mean that the goal is to appeal to as large an audience as possible, and not to a specific person. The target who succumbed to the influence bears full responsibility for the aggressive actions committed by him.

Liability measures under Art. 354 provide for a fine in the amount of three hundred to five hundred thousand rubles or imprisonment from three to five years.

Military aggression can be expressed through the following types:

Direct propaganda of aggression.
Declassification of state secrets.
Large-scale distribution of characteristic materials.
Disclosure of information about counter-terrorism operations.

Capital punishment is provided for persons holding public office. For them, this crime comes in conjunction with abuse of power and removal from work duties for up to three years.

Rehabilitation of Nazism is criminally punishable

Criminal liability for the rehabilitation of Nazism is provided for in Article 354.1 of the Criminal Code of the Russian Federation. Federal Law No. 59-FZ of 04/05/2021 amended this article, in particular, affecting the introduction of liability for the public dissemination of knowingly false information about veterans of the Great Patriotic War.

In addition, for committing a crime under Part 1 of Article 354.1 of the Criminal Code of the Russian Federation, liability for the perpetrator has been increased. Now the punishment can be in the form of a fine of up to three million rubles or in the amount of wages or other income of the convicted person for a period of up to three years, and an additional punishment has been introduced in the form of deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years when appointing the main punishment in the form of forced labor or imprisonment.

In Part 2 of Art. 354.1 of the Criminal Code of the Russian Federation, qualifying criteria have appeared. Now for the acts provided for in Part 1 of Art. 354.1 of the Criminal Code of the Russian Federation, committed not only by a person using his official position or using the media, as well as with the artificial creation of evidence of accusation, but also for these acts committed by a group of persons, a group of persons by prior conspiracy or an organized group, using information -telecommunication networks, including the Internet network, will be punished by a fine in the amount of two to five million rubles or in the amount of wages or other income of the convicted person for a period of one to five years, additional punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities, which can now be imposed for a term of up to five years when imposing the main punishment of imprisonment, and an additional penalty has been added in the form of deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years when imposing the main punishment in the form of forced labor.

Part 3 of Article 354.1 of the Criminal Code of the Russian Federation has been supplemented with criminal liability, including for public insult to the memory of defenders of the Fatherland or public humiliation of the honor and dignity of a veteran of the Great Patriotic War. At the same time, the punishment for committing this crime was also increased in the form of a fine of up to three million rubles or in the amount of wages or other income of the convicted person for a period of up to three years, and penalties were added in the form of forced labor for a period of up to three years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years and imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

The law introduced part 4 of Art. 354.1 of the Criminal Code of the Russian Federation, which provides for criminal liability for acts provided for in Part 3 of Art. 354.1 of the Criminal Code of the Russian Federation, committed by a group of persons, a group of persons by prior conspiracy, or an organized group, or using the media or information and telecommunication networks, including the Internet. At the same time, the sanction of Part 4 of Art. 354.1 of the Criminal Code of the Russian Federation provides for the same penalties as the sanction of Part 2 of this article.

The article material is taken from open sources

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