Shades of treason

High treason, confidential collaboration, incitement, preparation and attempt. We understand the types of crimes against the state.

1

What is high treason (Article 275 of the Criminal Code)?

These are committed by a citizen of the Russian Federation:

• espionage for a foreign state/organization;
• issuance of state secrets to a foreign state or international/foreign organization;
• going over to the enemy's side;
• providing assistance to a foreign state, international/foreign organization or their representatives in activities directed against the security of the Russian Federation.

Treason is punishable by imprisonment from 12 to 20 years or life imprisonment. There are also fines and restriction of freedom for up to two years.

Only a citizen of the Russian Federation can be accused of “treason”.

2

What is “confidential cooperation with a foreign state, international or foreign organization” (Article 275.1)?

This is when a person helps representatives of a foreign state or an international/foreign organization carry out activities directed against the security of the Russian Federation. And he does it in secret.

The article criminalizes “secret” contact not only with foreign intelligence services, but also with any international or foreign organization that, in the opinion of the authorities, acts against the security of Russia.

This article appeared relatively recently - in July 2022. To charge a person, it is enough to contact a representative of the state/organization. For example, correspondence. Sometimes such “cooperation” is a provocation of the Russian special services.

On April 15, 2024, Ural resident Vladlen Menshikov was sentenced to 14 years in prison for cooperation with a foreign state, attempted terrorist attack and public justification of terrorism. According to investigators, Menshikov installed jumpers on a railway section in order to derail a train carrying military equipment. The security forces believed that he received assignments from the Freedom of Russia legion.

Under Article 275.1, they are imprisoned for a term of three to eight years. There are also fines and restriction of freedom for up to two years.

3

What is the difference between “providing assistance” in Art. 275 and “cooperation” in Art. 275.1?

For a crime under Art. 275 faces a more severe punishment - up to life imprisonment. The maximum term under 275.1 is eight years.

A person can be convicted simultaneously under Articles 275 and 275.1 - this was the case with Vyacheslav Lutor, who was accused of trying to join the Freedom of Russia legion. He was sentenced to ten years in prison for attempted treason, confidential cooperation with a representative of a foreign state and participation in a terrorist organization.

Lawyer Evgeny Smirnov:

“These articles are formulated legally incorrectly. This has led to the fact that the “line” between them is drawn by law enforcement officers themselves. The existing law enforcement practice and the provisions of the law allow us to say that for high treason it is necessary to carry out some task of a “representative” of a foreign state, give up state secrets or go over to the side of the enemy, and for 275.1 it is enough to contact such a representative or distribute their materials.”

4

Preparation for treason

Preparation for a crime is considered to be the search for tools and accomplices to commit it, conspiracy with someone and “other intentional creation of conditions for the commission of a crime,” if it was not completed due to circumstances beyond the control of the person.

5

Attempted treason

Attempt is considered to be the intentional actions of a person aimed at committing a crime, if at the same time it was not completed due to circumstances beyond the control of the person.

6

Where is the line between “preparation” for treason and “attempt” on it?

Lawyer Evgeny Smirnov:

“Where is the line between “preparation” for treason and “attempt” is unclear. There is no uniform practice in this sense; for the same actions, some are punished for “preparation”, and others for “attempt”. In fact, the difference between “preparing” and “attempting” a crime is the maximum penalty.”

For example, in December 2023, the prosecutor reclassified the charge against Igor Pokusin from “attempt” to “preparation.” For the “attempt,” he faced up to 15 years in prison, and for “preparation,” up to 10. As a result, he was sentenced to eight years in prison.

7

If the crime is not completed, will the sentence be shorter?

For “preparation” the punishment cannot exceed 1/2 of the maximum term, and for “attempt” - no more than 3/4.

8

What is “incitement to treason”?

This is inducing another person to commit treason through persuasion, bribery, threat or other means.

An instigator is an accomplice to a crime ( Article 33 of the Criminal Code of the Russian Federation ).

The responsibility of accomplices is determined individually - depending on the nature and degree of actual participation of each of them in the commission of a crime ( Part 1 of Article 34 of the Criminal Code of the Russian Federation ). The instigator faces punishment under the sanctions provided for in this article.

9

What can be interpreted as incitement to treason in the realities of war?

• Calls to go over to the enemy's side
• Calls for disclosure of the deployment of the Russian armed forces
• Calls for help from the Ukrainian Armed Forces

10

What if the crime that a person “incited” someone to commit was not carried through to completion?

If the perpetrator did not complete the crime due to circumstances beyond his control, the remaining accomplices bear criminal liability for preparation for the crime or attempted crime.

Those who, due to circumstances beyond their control, failed to persuade other persons to join in, are liable for preparation for incitement.

11

How does the prosecution prove that a person incited someone to commit a crime?

First Department lawyer Evgeny Smirnov:

“It is highly desirable for the prosecution to record the communication between the instigator and the possible perpetrator of the crime. Therefore, security forces are primarily hunting for correspondence between these people, their calls or recordings of their meetings. Once these materials are available to them, they become the subject of evaluation by linguists. And if there is recorded communication and its linguistic analysis, if it contains proposals to surrender/go over to the side of Ukraine, a criminal case should be initiated.”