Criminal Code of the Russian Federation in the latest edition:
Article 138.1 of the Criminal Code of the Russian Federation. Illegal trafficking of special technical means intended for secretly obtaining information
Illegal production, acquisition and (or) sale of special technical means intended for secretly obtaining information -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by restriction of freedom for a term of up to four years, or by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to three years or without it, or by imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
Notes. 1. In this Code, special technical means intended for secretly obtaining information are understood as devices, systems, complexes, devices, special tools for entering premises and (or) other objects and software for electronic computers and other electronic devices for access to information and (or) obtaining information from technical means of its storage, processing and (or) transmission, which are intentionally given properties to provide the function of secretly obtaining information or accessing it without the knowledge of its owner.
2. Special technical means intended for secretly obtaining information do not include devices, systems, complexes, devices, and household tools that are in free circulation and have the functions of audio recording, video recording, photographic recording and (or) geolocation, with organs openly located on them control of such functionality or indication elements displaying the modes of their use, or the presence of markings on them indicating their functional purpose, and software with indication elements displaying the modes of its use and indicating its functionality, if intentionally through special technical modification , programming or in any other way, new properties have not been added that allow them to be used to obtain and (or) accumulate information that constitutes a personal, family, commercial or other secret protected by law, without the knowledge of its owner.
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Defense under Article 138.1 of the Criminal Code of the Russian Federation
The charge under Article 138.1 of the Criminal Code of the Russian Federation is extremely serious, as it can be attributed to a violation of the constitutional rights of citizens. To prevent a detained person under stress from having additional problems and charges, it is necessary to seek help from a lawyer under Art. 138.1 of the Criminal Code of the Russian Federation.
The lawyer will not only build a line of conduct and a strategy for defending the accused, but will also protect him from problems that an uninitiated person may not foresee.
The Supreme Court of the Russian Federation clarified what “special means for secretly obtaining information” are.
The Supreme Court of Russia has prepared an explanation on the application of the notorious Article 138.1 of the Criminal Code of the Russian Federation (“Illegal trafficking in special technical means intended for secretly obtaining information”), under which more than 1,000 people have been convicted in Russia. For example, a criminal case against a Kurgan farmer who bought a Chinese GPS tracker for a cow received a loud response (he was detained by FSB officers near the post office with a package in his hands). In a broad sense, the definition of “technical means designed to secretly obtain information” includes numerous seemingly innocent devices, including video recorders, trackers, voice recorders and even smartphones, so law enforcement agencies have a wide field for abuse.
Thanks to the Supreme Court's clarification, there will be fewer of these abuses in the future. At least, it is now officially impossible to be held accountable
under Article 138.1. But you can install a special program on your smartphone. The clarifications under Article 138.1 of the Criminal Code of the Russian Federation are intended to “exclude cases of unjustified prosecution,” explained Judge of the Supreme Court of the Russian Federation Pyotr Kondratov, presenting the draft resolution, TASS reports.
Explanation of the plenum of the Supreme Council:
“The mere fact of illegal trafficking in special technical means cannot indicate a person’s guilt in committing a crime under Article 138.1 of the Criminal Code of the Russian Federation, if his intent was not aimed at acquiring and (or) selling precisely such technical means (for example, a person through the public Internet -resource purchased a special technical device advertised as a device for household use, and was conscientiously mistaken about its actual purpose)”...
The actions of a person who acquired a device intended for secretly obtaining information for use, for example, for personal purposes, cannot be qualified under this article safety, the safety of family members, including children, the safety of property or for the purposes of tracking animals, and did not intend to use it as a means of encroaching on the constitutional rights of citizens (including interference in the privacy of others).”
However, ordinary smartphones, voice recorders, video recorders and other household appliances can also be recognized as special technical devices
. ” In such cases, the court must obtain an expert opinion.
The Supreme Court's ruling will be made after a number of editorial changes have been made. Then it will be published in full on the official website.
