Legal grounds for exemption from criminal liability of persons assisting operational investigative activities
Authors:
1.
Kaliningradskiy filial Sankt-Peterburgskogo universiteta MVD Rossii
(Kafedra operativno-razysknoy deyatel'nosti organov vnutrennih del, Starshiy prepodavatel')
Type:
Article
Pages:
from 95
to 103
Status:
Published
Received:
15.08.2025
Accepted:
29.09.2025
Published:
29.09.2025
Language:
Russian
Keywords:
Assistance of citizens, exemption from criminal liability, forced harm, imitation of criminal activity, ensuring security, operational units, operational investigative activities, internal affairs agencies
Abstract (English):
Introduction. Part 4 of Article 16 of the Federal Law «On Operational Investigative Activities» provides for the possibility of forced harm to protected interests in the lawful performance of official duties by employees of operational units or persons assisting them. At the same time, the scientific discussion pays special attention to the issues of participation of citizens providing confidential assistance in the imitation of criminal activity and the risks associated with the need for them to commit real crimes during infiltration into criminal groups. The legislation prohibits such persons from participating in the preparation and commission of crimes, and in practice there are problems with their release from criminal liability. Based on the results of the analysis of some provisions of the Federal Law «On Operational Investigative Activities», the Criminal Code of the Russian Federation and foreign experience presented in the article, a conclusion is made about the importance of improving the regulatory framework in terms of legal protection of persons assisting operational units and their release from punishment in the event of forced commission of crimes due to circumstances related to operational investigative activities. Methods. In the course of the study, the results of which are reflected in this article, the dialectical method, the description method, the abstraction method, the generalization method, and the comparative legal method were used. Such a comprehensive use of methods ensured the objectivity and reliability of the conclusions, and also allowed the development of scientifically based recommendations for improving criminal and operational-search legislation. Results. The author proposes to consider cases of forced commission of crimes by persons assisting operational units as an activity carried out in circumstances that exclude the criminality of the act. The implementation of this proposal requires amendments to the Criminal Code of the Russian Federation and the Federal Law «On Operational Investigative Activity» that contribute to the improvement of the legal protection of persons assisting operational units. Further scientific research and legislative initiatives are needed to solve this complex and controversial problem
Introduction. Part 4 of Article 16 of the Federal Law «On Operational Investigative Activities» provides for the possibility of forced harm to protected interests in the lawful performance of official duties by employees of operational units or persons assisting them. At the same time, the scientific discussion pays special attention to the issues of participation of citizens providing confidential assistance in the imitation of criminal activity and the risks associated with the need for them to commit real crimes during infiltration into criminal groups. The legislation prohibits such persons from participating in the preparation and commission of crimes, and in practice there are problems with their release from criminal liability. Based on the results of the analysis of some provisions of the Federal Law «On Operational Investigative Activities», the Criminal Code of the Russian Federation and foreign experience presented in the article, a conclusion is made about the importance of improving the regulatory framework in terms of legal protection of persons assisting operational units and their release from punishment in the event of forced commission of crimes due to circumstances related to operational investigative activities. Methods. In the course of the study, the results of which are reflected in this article, the dialectical method, the description method, the abstraction method, the generalization method, and the comparative legal method were used. Such a comprehensive use of methods ensured the objectivity and reliability of the conclusions, and also allowed the development of scientifically based recommendations for improving criminal and operational-search legislation. Results. The author proposes to consider cases of forced commission of crimes by persons assisting operational units as an activity carried out in circumstances that exclude the criminality of the act. The implementation of this proposal requires amendments to the Criminal Code of the Russian Federation and the Federal Law «On Operational Investigative Activity» that contribute to the improvement of the legal protection of persons assisting operational units. Further scientific research and legislative initiatives are needed to solve this complex and controversial problem
Keywords:
Assistance of citizens, exemption from criminal liability, forced harm, imitation of criminal activity, ensuring security, operational units, operational investigative activities, internal affairs agencies
Assistance of citizens, exemption from criminal liability, forced harm, imitation of criminal activity, ensuring security, operational units, operational investigative activities, internal affairs agencies
