The Social Determinants of Criminal Liability for the Falsification of Evidence

Бесплатный доступ

The article examines specific issues concerning the necessity and social conditioning of establishing criminal liability for the falsification of evidence. The position of courts of various instances regarding the social danger of this crime, including the Constitutional and Supreme Courts of the Russian Federation, has been analyzed. It is noted that the falsification of evidence gives rise to doubts about the legality of the court decision rendered, violates citizens’ right to judicial protection, guaranteed by Article 46 of the Constitution of the Russian Federation and international legal acts, and undermines the essence of justice itself. Statistical data on the number of registered crimes provided for by Article 303 of the Criminal Code of the Russian Federation have been analyzed, allowing for an assessment of the prevalence and dynamics of this crime. It is concluded that at each stage of the formation of criminal legislation, the state has strived to counteract encroachments related to the distortion of the evidentiary basis by establishing liability for negative impacts on the relevant interests of justice.

Еще

Falsification, evidence, judicial proceedings, criminal liability, social danger, justice

Короткий адрес: https://sciup.org/140313910

IDR: 140313910   |   УДК: 343.36   |   DOI: 10.52068/2304-9839_2025_77_6_149