No comments: punishment for incitement to hatred with threats will be toughened
The manifestation of hatred towards religion or nationality coupled with threats will be punishable by up to five years' imprisonment. Thedraft law developed by the Ministry of Justice has been approved by the Cabinet of Ministers, Izvestiya has learned. Now administrative punishment is imposed for the first such statement, and criminal punishment is imposed only for a repeated one. The amendments are aimed at toughening responsibility for violating the foundations of the constitutional order, experts say. On how the changes will work - in the material "Izvestia".
What you can get a sentence for
Incitement of hatred on various grounds, coupled with threats of violence, will face criminal penalties. Such amendments to the Criminal Code developed by the Ministry of Justice. On Monday, January 20, the government commission for legislative activity approved the toughening of sanctions for such actions (the document is at Izvestia's disposal), as reported by the editorial board's sources in the Cabinet.
Acts demonstrating racial, national and other enmity are classified as crimes under this article, recalled Vladimir Kuznetsov, chairman of the All-Russian Union of Mediators. Now under this composition first bring to administrative responsibility, and to criminal liability only if a similar offense is recorded within a year. The punishment is up to five years of imprisonment.
- The legislator proposes to improve this criminal law norm, criminalizing acts that do not involve direct violence or threat of violence motivated by hatred, but are aimed at supporting and justifying such violence, - said the expert.
The draft law amends part 1 of Article 282 of the Criminal Code of the Russian Federation, according to which for incitement to hatred, hostility, humiliation of human dignity, involving justification, justification, approval or propaganda of violence or the threat of its use, criminal liability will be incurred in the case of a single commission of such an act. Igor Cherepanov, Deputy Chairman of the Board of the Association of Lawyers of Russia, told Izvestia.
- A new qualifying feature - commission of a crime by a group of persons or a group of persons by prior conspiracy - is also established," he said.
The bill is aimed at improving the level of criminal legal protection of the foundations of the constitutional order, explained Igor Cherepanov. In particular, to improve the mechanism of countering incitement to hatred, hostility and humiliation of human dignity.
- As the analysis of 734 cases on administrative offenses under this article, initiated in 2023, showed, in 313 cases (42.6%) they were initiated on the facts of actions, - said the expert. - This happened, as a rule, by posting comments on social networks and messengers justifying, approving or propagandizing the use of violence or the threat of its use on the grounds of national, racial or religious affiliation.
Such actions, according to the deputy chairman of the board of the UBA, have a higher public danger compared to other manifestations of incitement to hatred or hostility.
- This is an extreme form of abuse of freedom of speech, which creates the ground for the perception of the use of violence on extremist grounds as a correct and necessary course of action," he added.
Why the change was needed
The direct object of this article is an attack on social relations that ensure the prevention of extremist activity, Criminal Defense Firm lawyer Vladislava Bezushkevich told Izvestia.
- The article has been modified more than once and still generates a lot of discussions," she said. - The content of Article 282 of the Criminal Code of the Russian Federation in the original version correlated with Article 74 of the former Criminal Code of the RSFSR of 1960. Then it was amended due to the emergence of such a term as "extremist activity". Later the article was decriminalized, and now everything is planned to return to normal.
Based on the Basic Law, the lawyer reminded, "the state guarantees equality of human and civil rights and freedoms regardless of sex, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, and other circumstances.
- Any form of restriction of citizens' rights on the grounds of social, racial, national, linguistic or religious affiliation is prohibited," the expert added. - By criminalizing a number of actions through Article 282 of the Criminal Code of the Russian Federation, the legislator seeks to protect the constitutional rights of citizens and prevent the manifestation of extremist activity. In 2018, changes to this article have already generated a lot of discussions. I have no doubt that this time there will be no less discussions.
According to Vladimir Kuznetsov, the norm is preventive in nature: it is designed to prevent situations where a person who justifies hate violence goes unpunished, can go further and start committing such violence.
Cases under this provision are often initiated, said criminal defense lawyer Maxim Kalinov.
- For example, there is a discussion of religions, and people write insults, negativity," the expert explained. - That is, their actions are aimed at inciting hatred or hostility on the basis of nationality or religion.
Now, if veiled threats, such as murder, are added to simple insults, it will be immediately qualified as a criminal offense, the lawyer stressed.
