PUTIN PROPOSES MITIGATING CRIMINAL LIABILITY FOR ARTICLE ABOUT INFLAMING HATRED AND HOSTILITY
Interfax-Religiia, 3 October 2018
Russian President Vladimir Putin introduced into the State Duma a draft law aimed at humanizing criminal legislation; it will soften criminal liability for crimes covered in article 282 of the Criminal Code of the RF.
"An analysis of the practice of applying the law shows that not in every case is the application of criminal liability for actions covered by part 1 of article 282 of the Russian Criminal Code (inflaming hatred or hostility along with demeaning of human dignity) reasonable," an explanatory note says.
The president proposes to abandon holding to criminal liability for actions committed one time and not posing serious threat for the foundations of the constitution structure and security of the state. Actions to be considered punishable as crimes will be those that are committed by a person after he has been held administratively accountable for similar actions within one year.
Amendments to article 282 have been prepared simultaneously with changes in the Code on Administrative Violations of Law of the RF and they pertain to liability for actions connected with inflaming hatred or hostility and also with demeaning the dignity of a person or group of persons on the basis of sex, race, nationality, language, origin, relationship to religion as well as belonging to some social group.
The draft law proposes partially decriminalizing criminal liability for reposting. Thus, according to the amendments, criminal penalty will be incurred only in the event that a citizen has already been held administratively accountable for a similar action within one year.
In such a case, actions aimed at inflaming hatred or enmity, as well as demeaning the dignity of a person or group of persons on the basis of sex, race, nationality, language, origin, relationship to religion, as well as belonging to some social group that are committed publicly, including the use of mass media or an information telecommunications network, including the internet, will be punished with a fine of from 300 thousand to 500 thousand rubles or the equivalent of wages or other income of a convict for a period of two to three years, or compulsory labor for a term of from one year to four years, with deprivation of the right to hold certain offices or to engage in certain activity for a term of up to three years, or incarceration for a term of from two to five years.
The same penalty is now provided in the CC of the RF, but for a first offense.
In addition, the draft of the law leaves unchanged provisions at the present time in article 282 of criminal penalty for such actions when accompanied by the use of force of the threat of its use, or by an official in performance of duty, or by an organized group.
In the event of a first offense, a fine is provided of from 300 thousand to 600 thousand rubles or the equivalent of wages or other income of the convict for a period of two to three years, or compulsory labor for a term of from two to five years with deprivation of the right to occupy certain offices or to engage in certain activity for a period up to three years, or incarceration for a term of from three to six years.
The amendments proposed by the president introduce into the Code of Administrative Violations of Law a new article: "inflaming hatred or enmity along with demeaning human dignity."
It is determined that for actions aimed at inflaming hatred or enmity or at demeaning human dignity on the basis of sex, race, nationality, language, origin, religion, or membership in a social group that are committed publicly, including on the internet, it is proposed to punish with a fine for a citizen of from 10 thousand to 20 thousand rubles, compulsory labor for a term up to 100 hours or administrative detention for a period up to 15 days, and for legal entities with a fine of from 250 thousand to 500 thousand rubles.
Persons will be held administratively accountable who have committed the aforesaid violations of law for the first time, in the absence of evidence of the crimes covered in part 2 of article 282 of the CC of the RF (committing actions with the use of force or with the threat of its use, or in performance of official duties, or by an organized group). (tr. by PDS, posted 3 October 2018)
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