Sample statement to the police about false denunciation sample statements

Many people who do not understand the laws think that by writing a false denunciation against someone, in extreme cases, they can receive moral condemnation. In fact, this misleads investigative and other law enforcement agencies, wastes their time and at the same time sends them on the wrong trail. At the same time, by his actions, the author of the denunciation specifically creates the conditions for a deliberately incorrect court decision. That is why for filing a document in which someone is specifically accused of committing illegal actions, criminal liability is provided in accordance with Art. 306 of the Criminal Code of the Russian Federation. In this case, a criminal case can be initiated either on the initiative of law enforcement officers or on the basis of a statement of false denunciation filed by the injured party.

Statement to the police about a false denunciation: sample writing

When a crime is committed against a citizen under Article 306 of the Criminal Code of the Russian Federation, the citizen has the right to write a statement to the police.
The procedure and rules for preparing this document will be discussed below. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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The concept of knowingly false denunciation under Article 306 of the Criminal Code of the Russian Federation

Denunciation is understood as a message about criminal behavior, which is sent to the authorities carrying out the inquiry or preliminary investigation.

Denunciation can be expressed in any form, for example:

orally;
by writing a written statement;
by sending an anonymous request.

The main thing is that such a message should be false. The falsity of a denunciation is understood as a report of an action that in reality did not occur. A denunciation that points to a person who did not commit the crime will also be false.

The falsity of a denunciation is understood as a report of an action that did not actually happen.

A citizen will not be held criminally liable if he did not know and could not know about the falsity of his denunciation, if he really believed that the criminal had committed this or that act and was guilty of it.

Important! A person who has reached the age of sixteen can be charged with knowingly false denunciation (LD).

The circumstances surrounding the denunciation are of particular importance. Responsibility becomes stricter when there is an accusation of committing a serious crime, as well as when the informer attaches evidence artificially created by him.

Possible penalties for this act, according to the Criminal Code, may include a fine, various types of work and imprisonment. In addition, moral damages for libel may be recovered in civil proceedings. The procedure and rules for performing this action are provided for by the Civil Code of the Russian Federation.

Where to apply

As a rule, a knowingly false statement to the police can be made by a person who is accused of committing a crime.

An application for LD can be made either orally or in writing. The latter form is preferable, since if it is available, there is a high probability of a timely response from police officers and bringing the culprit to justice. This document can be submitted in three ways:

Through the post office using registered mail.
Through the website of the Ministry of Internal Affairs.
By personal appearance at the police station.

The application can be submitted through the post office using a registered letter

If a written form of document submission is chosen, it must meet certain requirements specified in the law. So, it must indicate the body to which the application is submitted, the official authorized to consider the application and information about the sender himself .

As for the content of the application, it must include:

information about the offender;
event preceding the crime;
the content of the crime itself;
a request to protect the rights, freedoms and legitimate interests of a person.

The basis for contacting the police in this situation may be the presence of a written or oral statement that the applicant has committed a crime. Proof of this fact can be an invitation of a citizen to give explanations to the police, the appearance of officials to inspect his residential premises, the beginning of a pre-investigation check, etc.

Structure and sample document

A statement to the police about a false denunciation, a sample of how to fill it out can be found on the website of the Ministry of Internal Affairs.

statements to the police about false denunciation

Like any other document of special legal significance, it must meet the requirements stipulated by law. The structure of the application includes the following elements:

Header of the document (information about the body to which the letter is sent and about the citizen who, in fact, is recognized as the applicant is indicated here - this includes his residential address, telephone number, full name and passport details).
Title of the documentary act.
The essence of the appeal (can be stated in free form and include everything that is legally significant for the outcome of the case).
The pleading part.
Date of preparation of the application and signature of the authorized person.

The fact of acceptance of the application is confirmed by an inscription about this by a police official. You must write two appeals at once. This is necessary so that in the event of an unreasonable refusal to accept it or a delay in the period for its consideration, it is possible to file a complaint with a higher authority or in court.

The fact of acceptance of the application is confirmed by an inscription about this by a police official

Can they be rejected and what to do in this case?

In this case, you should pay attention to the federal law “On the Police in the Russian Federation”. It indicates within what time frames citizens' appeals must be considered.

Attention! The maximum deadline for considering citizens' appeals is 10 days.

It is needed so that if a complaint is sent that requires detailed study and analysis, the police official can make the right decision on it. In general, the application is considered within a period not exceeding three days.

Of course, not in all cases the application can be accepted for processing. There are several reasons for refusal:

Lack of corpus delicti.
Absence of guilt of the person indicated in the application as a criminal.
Expiration of the statute of limitations for prosecution, etc.

In the event that there is a delay in the time allotted for consideration of the application, or an illegal refusal to accept the application occurs, the citizen has the right to appeal . The first step is filing a complaint with the official's supervisor.

If this does not bring any results, you can submit a complaint directly to the regional department of the Ministry of Internal Affairs or to the Ministry of Internal Affairs. also has the right to appeal to the court, where his case will be considered in administrative proceedings .

Conclusion

Thus, filing an application is possible in cases where there has been slander about a citizen committing a particular criminal act. A statement about a knowingly false denunciation, a sample of how to write it, can be found on the website of the Ministry of Internal Affairs.

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Structure and sample document

A statement to the police about a false denunciation, a sample of how to fill it out can be found on the website of the Ministry of Internal Affairs.

Like any other document of special legal significance, it must meet the requirements stipulated by law. The structure of the application includes the following elements:

Header of the document (information about the body to which the letter is sent and about the citizen who, in fact, is recognized as the applicant is indicated here - this includes his residential address, telephone number, full name and passport details).
Title of the documentary act.
The essence of the appeal (can be stated in free form and include everything that is legally significant for the outcome of the case).
The pleading part.
Date of preparation of the application and signature of the authorized person.

The fact of acceptance of the application is confirmed by an inscription about this by a police official

Statement to the police

Statement to the police.

Reports of incidents (crimes, events threatening personal or public safety, as well as other circumstances requiring verification of possible signs of a crime or administrative offense) are accepted around the clock and immediately registered in the duty stations of territorial (line) internal affairs bodies or by calling 102.

The law stipulates that a statement from a citizen must be accepted at any police station, regardless of where the crime was committed. However, immediately contacting the police will help solve the crime as quickly as possible. As statistics say, the faster you declare, the faster the disclosure. Most crimes are solved without delay.

You have the right to make a request either orally or in writing. If you do not want to write, the attendant will write it from your words.

https://www.youtube.com/watch?v=_LMD9-poH9Y

When filling out the application form, you must indicate: last name, first name, patronymic (if any), postal or email address for sending a response or notification, the essence of the application.

In the absence of the specified mandatory details, as well as in a number of other cases provided for by the Law, the appeal may be left unanswered.

In addition, a written appeal containing obscene or offensive language, threats to the life, health and property of the official, as well as members of his family, will remain unanswered on the merits of the questions raised.

The officer on duty will tell you how to correctly write a statement to the police. Each police department already has ready-made application forms. Unfortunately, not all police are eager to accept applications from citizens, if this is your case and they refuse to accept you, citing a bunch of unfounded arguments.

You calmly inquire about the name and surname of this policeman, and then tell him that if he does not accept your application as expected, then you will file a complaint with his boss or the chief of police of your region.

Referring to the fact that this incompetent police officer denied you the legal right to take a police report.

When writing your application, you must clearly formulate your thoughts. Indicate the exact date, time and location of the crime, as well as describe in detail what happened. It needs to be stated to the point. It’s better to leave your emotions at home at this moment; you will still have time for this. Base your application only on facts.

If you intend to prosecute a specific person, whose guilt will later be proven, then it is no longer possible to withdraw the application, since the applicant is responsible for false denunciation under Article 306 of the Criminal Code of the Russian Federation. A note about this is made in the protocol, which is confirmed by the signature of the applicant. An anonymous complaint may result in criminal proceedings being initiated.

After submitting the application, you will be given a document that must indicate: the date of submission of the application, the number of the duty unit, the rank, position and full name of the person who accepted the application, as well as the time during which the decision will be made. This data must be verified. By law, a response must be given within 10 days from the date of filing the application. After receiving the document, you need to sign in the journal where your application is registered.

See other statements to the prosecutor's office and police...

Sample police report

To the Head of the _____________________ Department of Internal Affairs of the District _______city __________ ____________________________________ (if you know - full name) from_________________________________ (your full name) residing at the address:_____________

____________________________________

Statement to the police (sample)

Warned about criminal liability for knowingly false denunciation under Article 306 of the Criminal Code of the Russian Federation.

I ask you to register my statement of crime against persons (indicate the full name and other information about the persons involved - if they are known, if not, write “persons unknown to me”) who ________________ (describe the events of the crime, place, time, as well as the circumstances of it commission, list of witnesses or eyewitnesses, if known) ______________________.

Number and signature

If the statement was made by the duty officer, then you write from my words as written down correctly and sign. An application to the prosecutor's office is written a little differently.

Reporting a crime to the police

Sample crime report to the police

To the head of the Internal Affairs Directorate of the city district __________, ___________________________

To Ivan Vasilievich the Terrible from Artem Aleksandrovich Rusinov,

resident (residence address and telephone number)

Application to initiate a criminal case

Warned about criminal liability for knowingly false denunciation under Article 306 of the Criminal Code of the Russian Federation.

______________ (signature) Describes the circumstances of the crime, indicating the place, time, method of commission and the person who committed it (if identified), as well as a request to initiate a criminal case on this fact and bring to justice the person who committed the crime.

______________ (signature) If a criminal case is initiated based on my application, please provide the number, surname and telephone number of the investigator who will be entrusted with the investigation. In case of refusal, please send me a copy of the relevant decision and provide me with the opportunity to familiarize myself with the refusal material in order to prepare a reasoned complaint against such a decision. ______________

(signature).

See other statements to the prosecutor's office and police...

Police report against neighbors

Sample police report against neighbors

________________________________)

Police report against neighbors

Source: https://law-raa.ru/v-policiyu.html

Can they be rejected and what to do in this case?

In this case, you should pay attention to the federal law “On the Police in the Russian Federation”. It indicates within what time frames citizens' appeals must be considered.

Attention! The maximum deadline for considering citizens' appeals is 10 days.

Of course, not in all cases the application can be accepted for processing. There are several reasons for refusal:

Lack of corpus delicti.
Absence of guilt of the person indicated in the application as a criminal.
Expiration of the statute of limitations for prosecution, etc.

Knowingly false denunciation: Article 306 of the Criminal Code of the Russian Federation, sample statement, punishment, corpus delicti

5/5 (2)

There is a criminal penalty for deliberately false denunciation. Denunciation is not just slandering a person. Denunciation is the communication of incorrect information to the investigation.

Denunciation differs from giving false testimony in that a person does not simply deceive the investigation, but tells it non-existent information about another citizen, which obliges an official to begin an investigation against him.

Attention! Article 306 of the Criminal Code of the Russian Federation provides punishment for knowingly false denunciation. In this case, the offender commits a crime intentionally, for his own selfish purposes, for example, to discredit a person.

The regulation establishes punishment not for slander, but specifically for false denunciation to the Police, investigative authorities or the Prosecutor's Office. It is believed that reporting incorrect information in a criminal case prevents law enforcement officials from organizing their work correctly. In this regard, they waste funds aimed at solving crimes, and also lose valuable time.

Severe consequences await those who are subject to a false denunciation. After all, he will have to justify himself to the employees of the investigative structure and prove his innocence. In addition, he experiences moral suffering and humiliation of his own dignity. There are often cases when a previously attracted person is not hired for a good job.

Responsibility for false denunciation is established by Article 306 of the Criminal Code of the Russian Federation. The degree of punishment directly depends on the severity of the crime committed. Some may get away with a simple fine, but others receive actual prison time.

Persecution of a person: article of the Criminal Code of the Russian Federation.

If a person, in addition to slandering a citizen, also violated the secret of private life, private correspondence, then at the same time he will be judged under other articles.

A knowingly false denunciation is characterized by the following characteristics:

a person reports a crime that did not actually happen. It does not matter what kind of offense we are talking about: criminal, administrative or violation of tax legislation;
a person reports the name of the perpetrator of a non-existent crime. If the applicant claims that the offense was committed by persons unknown to him, then the authority’s employees cannot conduct the required investigation. In this regard, it is impossible to establish the fact of a false denunciation;
a person reports a crime to law enforcement agencies. If a citizen simply told a story to his friend, then this will not be considered a denunciation, since investigative authorities are not involved in the process.

If a person falsely accuses a citizen of committing a crime in the media, talks about a non-existent crime to third parties, then such an act is slander, and punishment for it is provided for by another article of the Criminal Code of the Russian Federation.

Important! It does not matter how the person reported the crime: verbally or in writing. The main thing is that law enforcement officials began an investigation and opened a case against an innocent citizen.

Responsibility

Article 306 of the Criminal Code of the Russian Federation provides punishment for knowingly false denunciation. It consists of three parts. Each provision defines the degree of crime and establishes minimum and maximum penalties.

Based on the first part of Article 306 of the Criminal Code of the Russian Federation, a person guilty of knowingly false denunciation may suffer the following punishment:

a fine of up to 120 thousand rubles;
deprivation of all income of the convicted person for a period of up to a year;
2 years of correctional labor;
480 hours of compulsory work;
six months of arrest;
imprisonment for up to two years.

Please note! For knowingly falsely accusing a person of committing a grave or especially grave crime, a slightly different punishment is provided:

a fine from one hundred to three hundred thousand rubles;
deprivation of a person of all existing official income for a period of one to two years;
3 years of forced labor;
imprisonment, which is limited to three years.

If the applicant not only reported a non-existent crime, but also confirmed it with artificial evidence, then the punishment will be harsher:

5 years of forced labor;
6 years in prison.

It should be noted that if artificial evidence is created by falsifying documents, then the applicant will be tried under another article of the Criminal Code of the Russian Federation.

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Corpus delicti

The applicant will be held liable for a false denunciation only if the elements of a crime are present. This means that the violation must meet several rules.

These include:

there is a subject of the crime. That is, the applicant spoke about the crime of a specific person, as a result of which the agency employees began an investigation and discovered that the applicant had slandered the so-called “criminal.” It must be said that if a person declares a non-existent crime that he allegedly committed himself, then the act will not be classified as a false denunciation;
there is an object of crime. That is a criminal case. For example, the applicant reports a violation of public order or an attack on him. And after checking, it turns out that such an offense did not actually occur;
the objective side of the matter is observed. This concept is explained by the fact that the applicant reports a non-existent crime, signs the necessary documentation provided by employees of the investigative structure;
there is a subjective side to the issue. This concept is explained by the fact that the applicant has the direct intent to slander a person. For example, he is angry with a citizen, wants to create problems, or is simply trying to get rid of him in this way.

The main role in bringing charges for a knowingly false denunciation is played by the fact that the person slandered a specific citizen.

Watch the video. Responsibility for knowingly false denunciation:

How to make a statement about false denunciation

A criminal case under Article 306 of the Criminal Code of the Russian Federation is initiated only after the innocence of the person accused on the basis of the statement has been proven.

In this case, investigators are obliged to:

terminate the case initiated at the request of the person who reported a non-existent crime;
initiate a new criminal case under Article 306 of the Criminal Code of the Russian Federation against the informer.

If you find out about the fact of reporting a non-existent crime committed by you, you can safely go to the investigator and write a counter-statement about a false denunciation.

Harassment in the workplace.

There is no single application form. However, it must be drawn up taking into account several important rules.

These include:

Fill out the header, where you indicate the name of the structure where the application is being submitted, as well as the full name of the head of the department. The personal data of the applicant, his full name, residential address, place of registration, as well as telephone number are also reflected here;
In the text of the statement itself, describe the essence of the claim. You need to indicate exactly what crime you are accused of and who did it;
Below is a request to terminate the case against you. Provide legal justification for the requirement;
The date of the application, the applicant’s signature and a transcript of the autograph are reflected below.

If you have material or written evidence that you have been slandered, attach it to the application, and indicate the list in a separate list.

ATTENTION! Look at the completed sample statement of knowingly false denunciation:

Attention! The application will be registered within three working days from the date of its submission. Investigative authorities are required to initiate a criminal case under Article 306 of the Criminal Code of the Russian Federation within 10 days after registration of documents.

It should be noted that the application can also be submitted remotely:

fill out an application on the official website of the Russian Ministry of Internal Affairs;
send an application by Russian Post by registered mail with notification.

Each of the methods has its own power and can be used by any citizen of Russia or non-resident of the country.

Is it possible to recover moral damages?

If the person who committed a false denunciation against you was convicted under Article 306 of the Criminal Code of the Russian Federation, you have every right to demand compensation for moral damage from him. To do this, you will need to obtain a court decision, draw up a statement of claim and submit it to the district or city court.

A decision on the case will be made within two months from the date of registration of documents.

Where to write a statement of libel?

Limitation periods

The statute of limitations is the period after which the perpetrator of a crime can be held accountable. There is a list of crimes for which there is no statute of limitations. However, Article 306 of the Criminal Code of the Russian Federation is not observed here.

It must be said that for minor crimes the statute of limitations is 2 years. Thus, it is possible to bring a person to justice under Article 306 of the Criminal Code of the Russian Federation only within two years after the commission of the offense.

Filing an application to the court

Important! When filing a claim in court, you need to consider the following points:

be sure to indicate the name of the court;
reflect the details of the plaintiff and defendant (telephone number, full name, residential address, registration);
describe the circumstances of the case, without getting personal or moving away from the topic;
reflect a specific request for compensation for moral damages;
Always put the date the claim was written and put your signature.

Attach to your application copies of documents that can prove the fact that a deliberately false denunciation was made against you.

If you yourself cannot participate in the process, entrust the solution to the problem to your trusted person. To do this, issue a notarized power of attorney.

ATTENTION! Look at the completed sample claim to court for compensation for moral damage caused by false denunciation:

Watch the video. How to file a claim in court electronically:

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Federal number for other regions of Russia

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Corpus delicti

This crime in its composition refers to acts aimed primarily against justice. Its main object is the normal work of investigative and inquiry bodies. An additional object of an illegal act is the rights and legitimate interests of the individual, her honor, dignity, and in some cases, health.

The intent of an individual can only be direct, and the motive for committing a crime is established during the investigation process. The motive does not influence qualifications.

Note!
Citizens over 16 years of age can be held accountable for false denunciation. The crime is considered completed from the moment law enforcement officers become familiar with the information provided about the commission of specific illegal acts by an individual.
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Application for false denunciation to the police: details of registration and sample

Sometimes some “well-wisher,” out of envy or self-interest, may accuse another person of a crime that he did not commit.

If this happened to you, you should not let the scammer get away with it. The attacker must suffer a well-deserved punishment, and we will tell you how to correctly file a statement about a false denunciation to the police.

What is the penalty for false denunciation?

Many people think that if they slander others, they will, at worst, receive moral condemnation and censure.

In fact, false denunciation is a criminal offense. It is fraught with public danger in the form of:

misleading police officers, which takes away their precious time and leads them on the wrong trail;
violations of the rights and freedoms of an innocent person;
undermining the authority of the entire judicial system of the state.

False denunciation is a crime punishable by article of the Criminal Code of the Russian Federation.

A criminal case for intentional slander can be initiated either at the initiative of law enforcement officers or at the request of the victim.

Punishment for knowingly false denunciation

If the crime does not contain aggravating features, then the informer faces:

fine up to 120 thousand rubles;
compulsory, corrective or forced labor;
arrest up to 6 months;
imprisonment for up to 2 years.

If a specific person has been accused of committing a serious crime, the offender will face a more severe punishment:

fine up to 300 thousand rubles;
correctional labor or prison term up to 3 years.

If, in addition, the informer fabricates evidence, he will receive up to 5 years of forced labor or up to 6 years of imprisonment. His actions can be expressed in the preparation of fake documents, imitation of traces of a crime, falsification of physical evidence, etc.

Falsely accused a person of a crime - get ready for prison.

How to file a statement of false denunciation?

Criminal case under Art. 306 of the Criminal Code of the Russian Federation is initiated after the fact of deception has been discovered. Investigators are required to:

close the previous case, which was initiated at the request of the informer;
start a new investigation against the false applicant.

As soon as you find out that you have been slandered, you can safely go to the police with a complaint against the offender.

The legislator does not provide for a specific form of such appeal. Its structure is similar to that of an application to initiate a criminal case.

The statement of false denunciation is drawn up in free form.

In the text of the complaint, indicate:

name of the police department and details of the head;
personal data (full name, address, telephone number);
the essence of violations on the part of the informer, as well as a list of circumstances that do not correspond to reality;
a request to initiate a criminal case under Art. 306 of the Criminal Code of the Russian Federation;
date of application and signature with transcript.

If you have evidence regarding the case, please attach it to your application.

Your application must be registered within 3 days of submission. A criminal case is initiated within 10 days from the date of registration of the petition.

Statement about committing a crime under Art. 306 of the Criminal Code of the Russian Federation is filed at the place of residence of the informer (if he is known to you), or to the nearest territorial police department.

In addition to personally contacting law enforcement agencies, you can file a complaint through the official website of the Ministry of Internal Affairs of the Russian Federation or Russian Post (by registered mail with acknowledgment of receipt).

Is it possible to recover moral damages for a false denunciation?

If you managed to bring the offender to justice, for which he suffered a well-deserved punishment, then you can demand monetary compensation from the offender for the moral damage caused.

To do this, you need to draw up and submit a statement of claim to the court.

A claim for compensation for moral damage is filed with the district (city) court at the location of the defendant.

How to file a petition with the court?

The claim must indicate:

name of the judicial authority;
personal data of the plaintiff and defendant (full name, addresses and telephone numbers);
the circumstances of the incident;
a request for compensation for moral damage;
date of application and signature.

The application is accompanied by its copies (according to the number of participants in the case) and other necessary papers. If you have entrusted the conduct of your business to your representative, you will need a copy of the power of attorney.

Some nuances of the procedure

The court will grant your claim for compensation for moral damages only if the informer caused you serious harm. It can be expressed in the initiation of a criminal case, subsequent imprisonment in a pre-trial detention center, loss of work, etc.

Full legal rehabilitation of a victim from a false denunciation does not always compensate him for the damage caused, especially if he was unfairly convicted on false charges. The loss of reputation can be partially compensated only by filing a civil lawsuit against the informer.

If a false denunciation caused you serious harm, you can file a claim for compensation for moral damages.

Before filing a claim, you must ensure that the following conditions have been met:

the fact of denunciation has been officially confirmed;
the amount of moral and material compensation is justified.

If you have taken into account all the circumstances of the case, then you have a good chance of recovering monetary compensation from the guilty party.

Source: https://ugolovnichek.ru/lozhnyj-donos/zayavlenie-o-lozhnom-donose-v-politsiyu

Criminal liability and punishment for knowingly false denunciation

In accordance with the provisions of Art. 306 of the Criminal Code of the Russian Federation, an informer may face several types of punishment:

the mildest of them is a fine of up to 120 thousand rubles;
compulsory work lasting up to 480 hours;
corrective or forced labor for up to two years;
More severe penalties include arrest for up to six months and imprisonment for up to two years.

If there is such an aggravating feature as a charge of committing a serious crime, a more severe punishment may be imposed in accordance with paragraph 2 of Art. 306 of the Criminal Code of the Russian Federation in the form:

fine up to 300 thousand rubles;
correctional labor for up to three years;
imprisonment up to 3 years.

Note!
The most severe punishment may be in accordance with paragraph 3 of Art. 306 of the Criminal Code of the Russian Federation, if material evidence was specially fabricated. Such acts are punishable by forced labor for up to five years and imprisonment for up to six years.

False police report

At present, as the practice of adopted resolutions shows, which contain a refusal to initiate a case based on data that was not confirmed, but contained specific information about persons directly involved in illegal actions, more is put.

Therefore, investigators often limit themselves to stating the applicant’s lack of intent. But lack of intent is one of the mandatory signs that characterizes a deliberately false denunciation.

The Criminal Code makes it a separate composition and provides it with the necessary elements of a criminal act.

Differences between crime and slander

Slander is considered one of the most common phenomena. A conversation between colleagues behind the manager’s back, a discussion of grandmothers on a bench can be considered slander, but not all false information can be a false denunciation.

In order to have grounds to open a criminal case, you need to express your opinion regarding a specific person in the presence of employees of the authorities whose competence is to bring them to justice. Such bodies may be:

Prosecutor's Office;
Inquiry bodies;
Investigative bodies;
Police Department;
Tax Inspectorate;
Customs.

An ill-wisher reports that a person known to him committed an illegal act, but in fact this did not happen. Also, if the attacker does not report a specific crime, but a tendency to violate the law, and such data turns out to be false, then the informer may be accused of slander, and not of false denunciation.

It will not be a false denunciation to accuse someone in the media.

False testimony of a witness in any case may be qualified not under Article 306, but under Article 307 of the Criminal Code of the Russian Federation. The comments to this article are quite varied:

An official who has committed a false denunciation will be liable under Article 285, since there will be an abuse of official power;
If the accused slander someone for the purpose of self-defense, then his act will not be qualified under Article 306 of the Criminal Code of the Russian Federation;
A false denunciation of a terrorist attack is qualified under Article 207 of the Criminal Code of the Russian Federation.

The objective side of the case and the nature of the information presented by the false informer

Denunciation is the communication to law enforcement agencies of knowingly false information about a person who has committed or is preparing a crime. The information may be completely false or partially. In this way, the informer can report a crime that was not committed, as well as distort information about the scene of the incident and slander an innocent person.

Information about a false denunciation is characterized as follows:

The information does not correspond to reality at all;
Contains information about the objective and subjective aspects of the crime.

Denunciation is made either in writing, or an oral statement is also allowed.

Subject and subjective side

For intentional false denunciation, liability begins at the age of 16. This act will be considered completed as soon as the person informs law enforcement agencies about a crime committed or being prepared.

The initiation of a criminal case may influence the qualification of an act when a court verdict is passed:

The intent of a false denunciation is only direct, since the criminal deliberately informs law enforcement officers of knowingly false information and misleads the investigation;
During the investigation, the motive of the attacker is revealed, but it will not affect the qualification of his act.

Criminal liability and punishment for knowingly false denunciation

Article 306 has three parts. The last two reveal a qualified crime.

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The following types of punishment are provided for knowingly false denunciation:

A fine of up to 120,000 rubles or confiscation of income for the year;
Correctional labor for up to 2 years;
Mandatory work up to 480 hours;
Arrest for up to 6 months;
Imprisonment for up to 2 years.

If the guilty person accused an innocent person of a serious or especially serious crime, then the punishment in this case will be more severe:

Fine from 100,000 to 300,000 rubles or confiscation of income for 1-2 years;
Forced labor for up to 3 years;
Imprisonment for up to 3 years.

In the event that a criminal act under the first or second part of Article 306 is accompanied by falsification of evidence, the case will be classified under the third part of the same article. The penalty is forced labor for up to 5 years or imprisonment for up to 6 years.

How to make an application

As a rule, criminals turn to law enforcement agencies with a denunciation. All information provided to the perpetrators is recorded.

The case that was initiated at the request of the false informer is closed and a new one is initiated, but against the applicant himself.

If the employees did not initiate a criminal case, but you know that you have been slandered, then you need to contact the police department with a statement.

An application for false denunciation under Article 306 of the Criminal Code of the Russian Federation is drawn up in the same way as other statements. In the application you need to indicate the position and name of the person you are contacting, you also need to indicate personal contact information, the essence of the case is also stated, and the request is written down. The number and signature must be indicated.

Compensation for moral damage

In order to obtain compensation for moral damages from the false informer, it is necessary to file a civil lawsuit in court. There are reasons for this - Article 152 of the Civil Code, which is devoted to the protection of dignity, honor and business reputation.

The amount of compensation is indicated based on the severity of the moral damage caused. But the court will make a decision on compensation for moral damage, which it seems to correspond to the real state of affairs.

A claim for compensation for moral damage is filed with the district city court at the location of the defendant. In any case, it is possible to demand compensation for moral damage, but to do this you need to competently draw up a statement of claim and provide all the evidence in the case.