Criminal Prohibition on Failure to Report a Crime (Legal and Moral Aspects)

Abstract

The article examines the question of the need to criminalize non-reporting of crimes, in particular from the point of view of moral standards. Authors analyze the positions and arguments of supporters and opponents of the criminalization of non-reporting of crimes. In addition to the existing criminal punishment for non-reporting of crimes of a terrorist nature, it is proposed to introduce criminal punishment for non-reporting some corpus delicti serious and especially serious crimes. The circle of possible subjects of the corpus delicti is determined. Through the prism of moral standards, the act of a person who reported to law enforcement agencies information that was used to solve a crime is considered. It is noted that the same act, in different conditions, can be assessed by a particular person for compliance with moral standards in different ways. The problem of moral choice taking into account the infliction of the “least evil” is touched upon. Also, from the point of view of morality, the problem of law enforcement agencies using the help of individual citizens who provide information that contributed to the detection, prevention and disclosure of crimes is touched upon. Positive foreign experience in this direction is mentioned. It is stated that in our country assistance to law enforcement agencies in the fight against crime is assessed negatively and is perceived, most often, as informing. This situation is associated with the peculiarities of the mentality of Russian citizens. An opinion is expressed that it is necessary for the state to use the assistance of active citizens in the fight against crime. The necessity of criminalization of non-reporting of a crime is substantiated, including with reference to similar compositions of the criminal legislation of the CIS countries and foreign states, the experience of the USA and Germany is considered in detail.
For citation: Mamedova F.F., Barysheva K.A. Criminal Prohibition on Failure to Report a Crime (Legal and Moral Aspects). Law. Journal of the Higher School of Economics, 2021, no. 5. P. 122–147. DOI: 10.17323/2072-8166.2021.5.122.147.