Duma Adopts Expansion of Criminal Code Articles on Treason, Espionage at First Reading

On September 21, the State Duma passed in the first reading the draft law On amendments to the Criminal Code and Article 151 of the Criminal Procedure Code of the Russian Federation. Specifically, articles 275 (high treason) and 276 (espionage) have been targeted for modification. The bill is also expected to introduce a new article to the Criminal Code – 283.1, the “illegal receipt of information constituting a state secret.”

The Criminal Code currently classifies treason as hostile action that threatens the external security of the Russian state. In the updated version, treason is classified as, but not limited to, “an act committed by a citizen of the Russian Federation, detrimental to Russia,” and “providing advice or assistance to a foreign state, international or foreign organization, or their representatives in activities directed against the security of the Russian Federation, including its constitutional order, sovereignty,” et cetera.

An explanatory memorandum accompanying the bill claims the amendments are necessary, in particular, because the law’s current wording places the burden of proof that a given act is “hostile” on the prosecution, a circumstance Russia’s lawmakers apparently see as unfairly benefiting defendants.

Meanwhile, the term “security” can be lent to a wide variety of interpretations.

There is no shortage of incomprehensible verbiage included in the bill, which leaves undefined what might constitute an act “against sovereignty,” or “acts aimed against the constitutional order,” which are not criminal in and of themselves, but become so when associated with violence. Criminalization of any given “act directed against the constitutional order,” presents a very serious danger, as such acts could on a whim be made to include virtually any form of political or social activism. What is “state integrity” is left to the imagination, as is how it differs from territorial integrity.

The updated law will explicitly mention international organizations along with foreign organizations. We note that many of the civil organizations registered in Russia are international.

The articles and the amendments

Article 275: Treason

Current language

Treason, that is espionage, the issuance of state secrets or other assistance to a foreign state, foreign organization or their representatives in hostile activities to the detriment of the external security of the Russian Federation committed by a citizen of the Russian Federation, shall be punished by imprisonment for a term of twelve to twenty years with a fine of up to five hundred thousand rubles or up to three years’ salary or other income.

Proposed wording

Treason, that is an act committed by a citizen of the Russian Federation, to the detriment of the Russian Federation: espionage, the issuance to a foreign state, international or foreign organization or their representatives of information constituting a state secret, entrusted to a person or made known to him/her through service, work or school, whether the provision of financial, material, technical, consulting or other assistance to a foreign state, international or foreign organization or their representatives in activities directed against the security of the Russian Federation, including its constitutional order, sovereignty, territorial and state integrity – shall be punishable by imprisonment for a term of twelve to twenty years with a fine of up to five hundred thousand rubles or three years’ salary or other income.

Article 276: Espionage

Current language

The transmission, and likewise collection, storage, or abduction in order to transfer to a foreign state, foreign organization or their representatives information constituting a state secret, and the transfer or collection by a foreign intelligence service of other information for use to the detriment of the external security of the Russian Federation, if these acts are committed by a foreign national or a stateless person – shall be punished with imprisonment for a term of ten to twenty years.

Proposed wording

The transmission, and likewise collection, storage, or abduction in order to transfer to a foreign state, international or foreign organization or their representatives information constituting a state secret, and the transfer or collection by a foreign intelligence service or a person acting on its behalf, of other information for use threatening to the security of the Russian Federation (espionage), if such acts are committed by a foreign national or a stateless person – shall be punished with imprisonment for a term of ten to twenty years.

The new Article 283.1 levies a fine of two hundred thousand to five hundred thousand rubles, one to three years’ salary or other income, or imprisonment for up to four years for "obtaining information constituting a state secret, kidnapping, fraud, bribery, blackmail, coercion or threats of violence" in the absence of an offense falling under articles 275 and 276 of the Criminal Code, that is, when the information in question was obtained but not transferred abroad.

We note that this particular bill was already given on December 12, 2008 to the State Duma by the government, but was returned for revision on January 27, 2009 by then-President Dmitry Medvedev, who at the time agreed with human rights advocates who warned of the “risk of broad interpretation of the concepts of “state secrets,” “treason,” and “espionage.” However, revisions to the bill appear to have been scrapped as of its presentation on September 21, 2012.