Article 280.3 of the Russian Criminal Code: Background, Penalties, Evidence, and Enforcement Practices
Background of Article 280.3 of the Criminal Code
Article 280.3 of the Criminal Code of the Russian Federation was introduced in March 2022 as part of amendments aimed at tightening control over public statements and information dissemination. This legislative measure was adopted against the backdrop of the conflict with Ukraine and the introduction of military censorship. It was enacted swiftly in the context of the so-called "special military operation" to curb the spread of information that could be interpreted as discrediting the Russian Armed Forces.
This legislative development is part of a broader package of amendments that increase liability for anti-war statements and actions that might undermine the authority of the military. Specifically, Article 280.3 targets the "public dissemination of knowingly false information" about the actions of the Russian Armed Forces.
Content and Penalties under Article 280.3 of the Criminal Code
Article 280.3 of the Criminal Code establishes criminal liability for the "repeated public dissemination of knowingly false information" regarding the activities of the Russian Armed Forces. This offense is considered criminal if the individual has previously been held administratively liable under Article 20.3.3 of the Administrative Code ("Public actions aimed at discrediting the use of the Armed Forces of the Russian Federation").
Penalties under Article 280.3 include:
- A fine of up to 1 million rubles or an amount equivalent to the convicted person's income for up to 5 years.
- Correctional labor for up to 1 year.
- Compulsory labor for up to 3 years.
- Imprisonment for up to 3 years.
In cases involving aggravating circumstances, such as actions committed using an official position or via mass media, the imprisonment term can be extended to up to 5 years.
Establishing the Elements of the Offense
To prosecute under Article 280.3, the following elements must be proven:
- Public dissemination of information: This can include social media posts, publications in the press, video statements, or any other actions accessible to a broad audience.
- Repeat offense: Criminal liability applies only if the individual has previously been penalized under the administrative code for similar actions.
- Knowingly false information: The disseminated information must be demonstrably false, with the individual aware of its inaccuracy. This element is crucial and requires proof of intent.
Enforcement Practices
In practice, Article 280.3 of the Criminal Code is actively used against those who publicly criticize the actions of the Russian military on social media and other public platforms. In most cases, prosecutions are initiated based on internet monitoring and citizen complaints.
One notable case under this article involves Ilya Yashin (designated as a foreign agent), who was prosecuted for disseminating information about the actions of Russian troops in Ukraine. He was charged under Part 2 of Article 280.3 for statements deemed to discredit the Russian Armed Forces.
Challenges in Enforcement
- Broad interpretation of terms: The concepts of "discreditation" and "false information" can be interpreted broadly, leading to risks of selective enforcement.
- Restriction of freedom of speech: Human rights advocates argue that Article 280.3 can be used to suppress dissent and restrict freedom of speech, as even statements critical of government actions can fall within its scope.
Article 280.3 of the Criminal Code is one of the most controversial legal norms introduced in recent years in Russia. It increases the penalties for statements related to military actions and is aimed at curbing anti-war rhetoric in the public domain. In practice, its enforcement has already led to several high-profile cases and has become a tool for enhancing state control over the information space.
We support and assist those who have bravely voiced their opinions on the events in Russia, condemning the horrific "special military operation" that has claimed thousands of civilian lives.
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