Art. 275.1 on responsibility for cooperation with foreign special services. According to the legislators, together with other amendments, this norm will make it possible to more effectively identify, prevent and suppress criminal activity that threatens the stability of the constitutional order of Russia, its defense capability and security.
What will be regarded as cooperation with foreign intelligence and what punishment aif.ru figured it out for this.
What can they now be held accountable for?
In Art. 275.1 of the Criminal Code of the Russian Federation states that cooperation with special services — this is “secretly establishing and maintaining contact with a special service of a foreign state, an international or foreign organization, or with their representatives in order to assist them in activities knowingly directed against the security of the Russian Federation.”
One of initiators, member of the party «United Russia» Ernest Valeev, at a meeting of the State Duma, he explained that those who secretly established communications with foreign intelligence, but had not yet transferred any information and had not committed actions against Russia, could be held accountable under the new article. “This does not apply to those cases when our citizens officially cooperate with foreign organizations, without hiding it, and do not commit actions that are directed against the security of our country,” — Valeev especially noted.
There are no specifics in the text, and it is impossible to say unequivocally what it means to establish and maintain contact. As commented to Vedomosti lawyer Anastasia Burakova, such formulations allow for a broad interpretation: it is possible that even a private conversation in a restaurant can be punished. As explained to Vedomosti anonymous source close to domestic intelligence agencies, liability under Art. 275.1 can be applied not only in cases where Russian citizens intend to transfer data abroad, but also when they receive information from foreign intelligence agencies to harm Russia.
What threatens cooperation with foreign intelligence services?
The new article provides for the main punishment in the form of imprisonment for a period of two to 8 years. At the discretion of the prosecutor, the perpetrator may be ordered to pay a fine of up to 1 million rubles, or all of his prison earnings for a period of up to three years will be transferred to the state.
In addition to a fine, imprisonment for up to two years may be added to imprisonment. According to Art. 53 of the Criminal Code of the Russian Federation restriction of freedom — this is a ban on leaving the place of residence, traveling outside the settlement, attending mass events, moving. What kind of restriction to impose on the offender, the court decides on the basis of the charge.
If the court imposes a sentence of imprisonment with its restriction, this means that after the release of the offender from prison, a ban on movement will begin to operate and he will be required to report to the police every month.
Who will be released from liability for cooperation with foreign intelligence?
A citizen who voluntarily told the authorities about his connection with foreign intelligence services will not be punished for contact with foreign intelligence. It is important that he does not take any action on the instructions of unfriendly intelligence agencies and does not transmit any information. & nbsp;
What is the difference between cooperation with foreign intelligence and treason?
In Art. 275 of the Criminal Code of the Russian Federation provides for criminal liability for high treason. Treason — this is espionage, the issuance of state secrets to representatives of a foreign state, going over to the side of the enemy in conditions of hostilities, assisting a foreign state or organization in actions against Russia.
Ernest Valeev clarifies that the new article assumes responsibility for those cases when a Russian citizen has already entered into contact with foreign special services or organizations related to them, but has not yet committed actions that fall under the article on treason.
Rate the material