What is “failure to report a crime”

After the start of the war with Ukraine, “terrorist” articles became political - they are used to judge for statements on social networks, arson of military registration and enlistment offices (even unsuccessful ones) and “preparation” for them. If a person has not reported that someone is preparing, committing or has already committed such a crime, he may be charged with “failure to report a crime” (Article 205.6 of the Criminal Code).

Which articles are included in this list? How does the investigation understand that the person reliably knew about the crime? What is the difference between “non-reporting” and “concealment”? Let's look at the memo.

1

What is “failure to report a crime”?

According to Article 205.6. of the Criminal Code of the Russian Federation (“Failure to report a crime”), a person can be held accountable if he did not report that someone is preparing, committing or has already committed at least one of the crimes provided for in the following articles:

• terrorist act (Article 205 of the Criminal Code);
• assistance to terrorist activities (Article 205.1 of the Criminal Code);
• public calls for terrorist activities, public justification of terrorism or propaganda of terrorism (Article 205.2 of the Criminal Code);
• undergoing training for the purpose of carrying out terrorist activities (Article 205.3 of the Criminal Code);
• organization of a terrorist community and participation in it (Article 205.4 of the Criminal Code);
• organizing the activities of a terrorist organization and participating in the activities of such an organization (Article 205.5 of the Criminal Code);
• hostage taking (Article 206 of the Criminal Code);
• organization of an illegal armed formation or participation in it, as well as participation in an armed conflict or military actions for purposes contrary to the interests of the Russian Federation (Article 208 of the Criminal Code);
• hijacking of an air or water transport vessel or railway rolling stock (Article 211 of the Criminal Code);
• illegal handling of nuclear materials or radioactive substances (Article 220 of the Criminal Code);
• theft or extortion of nuclear materials or radioactive substances (Article 221 of the Criminal Code);
• encroachment on the life of a statesman or public figure (Article 277 of the Criminal Code);
• violent seizure of power or forcible retention of power (Article 278 of the Criminal Code);
• armed rebellion (Article 279 of the Criminal Code);
• attack on persons or institutions that enjoy international protection, or the threat of its commission (Article 360 ​​of the Criminal Code);
• act of international terrorism (Article 361).

2

How are they punished for this?

For a crime under Article 205.6 of the Criminal Code it is assumed:

• a fine in the amount of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months;
• or forced labor for up to one year;
• or imprisonment for up to one year.

Responsibility for “failure to report” begins at the age of 14.

A person is not subject to liability if he did not report the preparation or commission of a crime by a close relative (spouse, parent, child, adoptive parent, adopted child, sibling, grandparent, grandchild).

3

How does the investigation understand that the person reliably knew about the crime?

Lawyer Evgeny Smirnov:

“This is a purely subjective issue of assessing the available evidence, which is dealt with by the investigator and the court. They collectively examine various information in a criminal case - correspondence, examinations, witness statements, wiretapping of telephone conversations, etc. In an ideal world, they should establish the fact that the person knew about the impending or committed crime.

Another important point - from what moment is this crime considered committed? One of the striking examples is the case of Daria Trepova. According to Art. 205.6, Dmitry Kasintsev was detained, to whom she came at night after the explosion (then the article of charge was changed to “concealment of a crime”, Kasintsev received a year and nine months in prison).”

4

Arsonists of military registration and enlistment offices (even if the arson did not take place) and authors of comments on social networks are often tried under “terrorist” articles. Have there already been cases when their acquaintances were tried for “failure to inform”?

Yes. In January 2024, a nurse from St. Petersburg, Maxim Asriyan, was sentenced to eight years in prison under articles of attempted terrorism (Part 1 of Article 205 of the Criminal Code with the use of Part 3 of Article 30 of the Criminal Code) and treason (Article 275 of the Criminal Code). The investigation believes that he was going to set fire to the military registration and enlistment office and join the “Freedom of Russia Legion.”

Later, two of Asriyan’s acquaintances, Tatyana Limenya-Osipova and Anna Zeladina, were fined under the article of “non-reporting.” Limenya-Osipova received a fine of 40 thousand rubles, Zeladina - 50 thousand rubles. According to investigators, they knew about the arson plan, but did not inform the security forces about it.

In Vladivostok, student Anna Vakhrameeva was fined for not reporting a comment calling for terrorism that her friend had left in a general messenger group. According to the verdict, she knew that such comments were prohibited by law and that they must be reported, and did not intentionally report her friend. She was given a fine of 45 thousand rubles.

5

It turns out that I can be held accountable if the investigation establishes that I was in the same chat with the person who wrote a “terrorist” message there?

The investigation needs to establish the fact of your awareness of the impending or committed crime. If there is such information in the chat, you may be held accountable.

6

In what cases are real sentences given under Article 205.6 of the Criminal Code?

The article itself is a crime of minor gravity, so actual imprisonment can only be imposed if there are aggravating circumstances.

7

What is the difference between “non-reporting” and “concealment” (Article 316 of the Criminal Code)?

Concealment of crimes is understood as the commission of active actions not promised in advance , aimed at concealing serious crimes committed against minors under the age of fourteen. Or concealment of all particularly serious crimes (including concealment of instruments, objects and traces of crimes, as well as the persons who committed them). The maximum penalty for concealment is two years in prison.

If a person promised in advance to conceal a crime, he may be recognized as an accomplice.

That is, “non-reporting” is rather the inaction of a person who knew about the crime, and “concealment,” on the contrary, is the commission of active actions in order to conceal the crime.

A person is not liable for “concealing” a crime committed by his close relative.