Bill on toughening punishment for extremism is passed in second reading

On January 22, 2014 the State Duma passed a bill in its second reading, meant to toughen punishment for violation of the “extremist” articles of the Сriminal Сode.

On January 22, 2014, the State Duma of the Russian Federation passed in its second reading bill No. 301629-6 “On Amendments to the Criminal Code of the Russian Federation (in regard to increasing liability for extremist activity)”.

A few corrections of a technical character were added to the text of the draft law for a third reading, clarifying the terms of punishment. In general the document remained unchanged.

We remind the reader that the bill stipulates increasing punishment related to articles 280 (calling for extremist activity), 282 (incitement of hatred and enmity), 282.1 (participation in an extremist community) and 282.2 (continuation of activities by organizations, banned because of extremism) of the Criminal Code. In all articles the amounts for fines and the terms of forced labor are increased, and in three of them, with the exception of article 282, the upper thresholds for imprisonment are also increased.

Currently, crimes stipulated by part 1 of article 280, part 2 of article 282.1 and article 282.2 of the Criminal Code concern minor offenses. The amendments, introduced by the proposed bill, increase the seriousness of the crimes to major offenses and mid-level offenses – with the corresponding consequences.

We also add that although the bill’s severity, which goes against the general policy of criminal law, is possibly meant to demonstrate an especial preoccupation of society precisely with this threat, the idea of increasing the upper threshold of terms of imprisonment for the sake of “signals to society” and convenience of investigation does not seem justified to us. In addition, intimidation will never be an effective method of combating radical groups.

Translation by Matthew McDonald