Features of Qualification of Failure to Report a Crime

Abstract

The topic of the article is relevant due to the need for developing rules and recommendations for application of the revived norm concerning liability for failure to report a crime (Art. 205.6 of the Criminal Code of the Russian Federation). The purpose of the study is to give explanations on the key issues of characterization of such an act. The topical issues of criminal characterization of the crime under Art. 205.6 are revealed and recommenda-tions on the problem have been developed. Clarifications on the distinction between failure to report a crime and complicity in the crime are formulated. The rules of criminal characterization of failure to report a crime in case of necessity of its differentiation with obviously false indications, refusal of giving indications, concealment of crimes are given. By using the method of systematic interpretation of legislation, the author concludes that there are some exceptions to the range of potential subjects of the crime. It is proved that regardless of the promise not to report a crime, the offense is subject to characterization under Art. 205.6. Also, a failure to report a crime can develop into its concealment. In such a case, only the norm of responsibility for concealment of crimes shall be applied.