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It’s not me who is to blame! He’s the one who came!

It’s not me who is to blame! He’s the one who came!

The Police refuted the false report of a Brazilian woman raped on the territory next to Luzhniki stadium. Interfax received the message from the Press-Secretary of the Moscow division of the Ministry of internal affairs of the Russian Federation, Mr. Yuri Titov.

“The local Police department received information about an alleged rape in the premises of Luzhniki stadium from a Brazilian citizen. The video footage showed that she was always within the range of the cameras”. He added that were no illegal acts towards her. The materials were passed on to the investigative bodies.

The Criminal Code of the Russian Federation, namely Art. 306, provides criminal liability for false denunciation:

1. Deliberate false denunciation about a crime shall be punishable with a fine in the amount of up to 120 thousand robles, or in the amount of a wage/salary or any other income of the convicted person for a period up to one year, or with obligatory labor for a term of up to 480 hours, or with corrective labor for a term of up to two years, or with compulsory labor for a term of up to two years, or with an arrest for a term of up to six months, or with deprivation of liberty for a term of up to two years.

2. The same deed joined with the accusation of a person of committing a grave or very grave crime, shall be punishable with a fine in an amount of 100 thousand to 300 thousand robles or in the amount of a wage/salary or any other income of the convicted person for a period of one to two years, or with compulsory labor for a term of up to three years, or with deprivation of liberty for the same term.

3. The deeds provided for by Parts One and Two of the Article joined with artificial creation of the prosecution evidence - shall be punishable by compulsory labor for a term of up to five years or by deprivation of liberty for a term of up to six years.

In order to give correct assessment over potential liability we need to take into account the fact that direct intention is very important here. So, a person has to realize that the denunciation is indeed false in distinction from error in good faith. Also, in accordance with Art. 132 rape is a grave criminal offense.

Thus, the Brazilian may be subject to criminal liability in accordance with par. 2 of Art. 306 of the Criminal Code - a fine in an amount of 100 thousand to 300 thousand robles or in the amount of a wage/salary or any other income of the convicted person for a period of one to two years, or with compulsory labor for a term of up to three years, or with deprivation of liberty for the same term. The issue of burden of proof is a completely different matter, so we will not touch upon it in this article.

Pursuant to Art. 14 of the Criminal Code the commitment of an act, or inaction, although formally containing the indicia of any act provided for by this Code, but which, by reason of its insignificance, does not represent a social danger, which caused no harm and has not created a treat of damage to a person, society, or the state, shall not be deemed a crime. Thus, since there is no criminal case opened on the basis of a request filed by the Brazilian national, and the persons who were mentioned in the request suffered no damage, the case might not be opened due to lack of seriousness of the actions.

In accordance with Art. 75 of the Criminal Code a person who has committed a crime of light or medium gravity for the first time may be released from criminal liability, if after the perpetration of the offence he has given himself up, assisted in the exposure and investigation of a crime, compensated for the damage inflicted, or in any other way effected restitution for the damage caused as a result of the crime, which has ceased to be socially dangerous as a result of active repentance. Also, pursuant to Art. 76 A person who has committed a crime of light or medium gravity for the first time may be released from criminal liability if he has reconciled with the victim and restituted any damage inflicted on the victim.

Thus, we can see that the basis for potential criminal liability is par. 2 of art. 306 of the Criminal Code, but we cannot make a definitive statement on the case due to lack of information on the merits. Still, there are enough mechanisms for the Brazilian walking free and bear no responsibility at all.