Failure to Report a Crime (Criminal Code of the Russian Federation, Art. 2056): The Legal Nature, Concealment of a Crime and Complicity in Terrorism

Abstract

The article deals with the Art. 2056 "Failure to Report a Crime". The features of corpus delicti are analyzed. It is established that the offence violates the two objects: public safety and justice. Objective party shall act in the form of inaction. Mental element is characterized by fault in the form of direct intent. The legal nature of the crime is identified. Failure to report a crime belongs to a sub institute "the implication in the crime" within the framework of a plurality of persons in the crime. The article solves the questions on differentiation of a crime from concealment of an extremely serious crime (Art. 316 of the Criminal Code of the Russian Federation), as well as classification in cases when the failure to report a crime involves complicity in terrorism. It is concluded that the beforehand promised failure to report a terrorist act constitutes complicity in a crime, subject to the classification under Art. 2051 Part 3 of the Criminal Code of the Russian Federation. The author comes to the conclusion that the failure to report a crime not listed in the disposition of Art. 2056 of the Criminal Code of the Russian Federation has no public danger and does not entail criminal responsibility.