Knowingly false denunciation: controversial issues of the subject and the subjective side
Keywords:
knowingly false denunciation, crimes against justice, the subjective side of the crime, the subject of the crime, the composition of the crime, an organiser, an instigator, an accessoryAbstract
There are a number of controversial issues in the doctrine regarding the subject of a knowingly false denunciation. In particular, various points of view are expressed as to whether a person with the criminal procedural status of an accused (suspect) can be the subject of a knowingly false denunciation. The author concludes that such persons may in certain cases be the subject of the crime in question. The article discusses the issues of possible qualification of the actions of a person who commits a knowingly false denunciation in self-defense. It is shown that the qualification of such a person's actions can be influenced by his criminal procedural status, as well as the nature of a deliberately false denunciation. Suggestions are given on how to qualify the actions of persons who have joined together to commit a crime under Article 306 of the Criminal Code of the Russian Federation, who assign roles to each other, but only some of them or one person file a crime report. The author concludes that under certain circumstances, these individuals can be considered as co-executors.