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Questions of Responsibility for Knowingly False Denunciation of the Commission of a Violent Sexual Crime (Based on the Materials of Judicial Practice)
- Authors: Safonov V.N.1
-
Affiliations:
- North-West Branch, Russian State University of Justice named after V. M. Lebedev
- Issue: No 8 (2025)
- Pages: 80-92
- Section: Criminal law studies
- URL: https://medbiosci.ru/2072-909X/article/view/362723
- DOI: https://doi.org/10.37399/issn2072-909X.2025.8.80-92
- ID: 362723
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Abstract
The legislative consolidation of criminal responsibility for deliberately false denunciation remains an urgent theoretical, legal and practical problem in need of doctrinal coverage. The second premise of the study is the contradictory practice of considering criminal cases of knowingly false denunciation of the commission of a violent sexual crime and its compliance with the principles of criminal law and the rules of sentencing.
The objectives are: the investigation of deliberately false denunciation with the specifics of the accusation of a violent sexual crime; the study of judicial approaches to the practice of sentencing. To achieve these goals, it is necessary to solve a number of tasks: to investigate the motives and goals of a deliberately false denunciation, the content of a deliberately false accusation, etc. from the standpoint of differentiation of criminal responsibility and significance for sentencing.
From the standpoint of a dialectical approach to the content and essence of any social phenomenon, the author addresses the problematic aspects of deliberately false denunciation, taking into account the specifics of the accusation of a violent sexual offense, as well as the practice of solving criminal cases. The research methods are systematic, logical, comparative and proper – legal.
It is concluded that there is an imbalance between the degree of public danger of deliberately false denunciation of a violent sexual crime, taking into account the motives and goals of the act, and contradictory judicial practice, which is often indifferent to the signs that increase the public danger of the act. There is a lack of proper differentiation of responsibility for the act in question.
It is argued that the law enforcement officer’s vague response to knowingly false accusations of a sexually violent crime is confirmed by the absence of his influence on the dynamics of these crimes.
The conclusion is drawn about the need for a systematic approach to the legal assessment of deliberately false denunciation of the commission of a violent sexual crime and responsibility for it.
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About the authors
Vladimir N. Safonov
North-West Branch, Russian State University of Justice named after V. M. Lebedev
Author for correspondence.
Email: svn205@gmail.com
ORCID iD: 0000-0002-3676-1894
Candidate of Science (Law), Associate Professor, Associate Professor at the Criminal Law Department, Retired Federal Judge
Russian Federation, St. PetersburgReferences
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