“The number of cases will grow exponentially”

️New amendments to the Criminal Code on treason and espionage are recommended for adoption in the second reading in the State Duma. The innovations potentially expand the interpretation of crimes against state security, which could lead to an increase in the number of such cases. Let's explain the main thing.

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What's happened?

The State Duma Committee on State Construction and Legislation approved amendments to the Criminal Code of the Russian Federation related to articles on treason, espionage, confidential cooperation with foreigners and armed rebellion.

All of them significantly expand the interpretation of these crimes, which may lead to an increase in the number of criminal cases initiated under these articles.

This is what is changing in the Criminal Code of the Russian Federation.

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The concept of "enemy"

The amendments specify who exactly is considered an “enemy” of Russia. These are not only foreign states, but also international or foreign organizations that “directly oppose the Russian Federation in armed conflict, military operations or other actions using weapons and military equipment.”

Thus, Russian units of the Armed Forces of Ukraine are also declared “enemy” - for example, the Legion “Freedom of Russia” and the RDK, for “cooperation”, with which hundreds of Russians have already been involved. It is also impossible to exclude the inclusion of humanitarian pro-Ukrainian organizations that provide assistance at the front as “enemy”.

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"Switching to the enemy's side"

Perhaps the most dangerous innovation. If finally adopted, “transition” will be considered not only direct participation in hostilities, but also “voluntary participation in the activities of government bodies, institutions, enterprises, and organizations of the enemy, deliberately directed against the security of the Russian Federation.”

Now the largest category of such cases in terms of number is associated, again, with the “Freedom of Russia Legion” and the RDK. However, if (when) the amendments are adopted, virtually any cooperation with Ukrainian organizations that the Russian state considers “dangerous” will be considered “switching to the enemy’s side.”

Also noteworthy is the wording “participation in activities.” It is precisely this that the state applies under articles on “undesirability” and “extremism.” Practice has shown that anything can be called “participation in activities”—reposting materials, participating in a conference, providing financial services, etc.

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Foreign citizens

It is proposed to add new articles to the Criminal Code for foreigners on “providing assistance to the enemy” and “confidential cooperation.” Now only citizens of the Russian Federation can be held accountable for these crimes. The new norm is extended to everyone who is currently in Russia.

Founder of the First Department Ivan Pavlov:

“In my opinion, the main target audience of these amendments are foreigners who are within the reach of security officers.”

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New Article 276.1

A new article is being introduced into the Criminal Code of the Russian Federation - 276.1 - “Providing assistance to the enemy in activities known to be directed against the security of the Russian Federation.” It is called “espionage lite,” but “lite” is a very relative description. The punishment for “ordinary” espionage is from 10 to 20 years in prison. For “light” - from 10 to 15.

In fact, the new article is a copied fourth form of high treason - “providing other assistance directed against the security of the Russian Federation.” Simply, according to the current Criminal Code, this article concerns treason and citizens of the Russian Federation. Now they want to extend this form to foreigners.

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Armed rebellion

The concepts of “rebellion” are specified and three levels of participation in it are introduced: leadership of a rebellion (from 15 to 20 years of imprisonment), participation in a rebellion (from 12 to 20 years of imprisonment) and rebellion with grave consequences (up to life imprisonment).

Previously, life imprisonment for rebellion was not intended.

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Comment from lawyer Evgeny Smirnov:

“I believe that the new amendments to the Criminal Code make it possible to greatly expand the practice in cases related to treason and espionage. All amendments expand the scope of crimes. I think the number of such cases will grow exponentially and in 2025 may increase severalfold.”