The subjective side of the crime under article 303 of the Criminal Code of the Russian Federation

Introduction: the article presents the content of the subjective side of the falsification of evidence and the results of operational investigative activities based on the materials of judicial practice (Article 303 of the Criminal Code of the Russian Federation). It is shown that the falsification of evidence and the results of operational investigative activities can be committed with both direct and indirect intent. Falsely understood interests of the service, careerism, overestimation of performance indicators, self-interest and other motives may act as motives for falsifying evidence. Materials and methods: the normative basis of the study is formed by the Constitution of the Russian Federation, criminal and criminal procedural legislation, materials of judicial practice, regulating the implementation of activities to identify and document fraud. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The results of the study: made it possible to clarify that the subjective side of the general composition of falsification of evidence in criminal cases is always expressed by direct intent. Findings and conclusions: based on the analysis carried out, it follows that the subjective side of the general composition of falsification of evidence in criminal cases with various motives that do not have for qualifying a crime (self-interest, revenge, careerism) is always expressed by direct intent. In addition, falsification of evidence in a criminal case that entailed grave consequences can be characterized by two forms of guilt: when a person seeks to distort information about the circumstances, however, does not want to, but deliberately allows such consequences to occur. The person who commits the specified crime is aware of the social danger of his criminal actions and wants the consequences.