Author

Minin R.V.

Title of article

Criminal liability for failure to report terrorist activities

Section

Section 3. Criminal Law

Issue, year

1 (35) 2016

Abstract

Solving the problem of effective counteraction to terrorism is one of the vital tasks of the state. The author substantiates the introduction of the institute of criminal liability for failure to report terrorist act (committed or being prepared), promoting terrorist activities, training to carry out terrorist activities, organizing terrorist group and (or) participation in it to the domestic legislation. Failure to report as a form of complicity in crime existed in the RSFSR criminal law and was excluded from the criminal legislation of Russia during the democratic reform at the end of the 20^th century. The constant increase in the number of terrorism-related crimes, participation of suicide bombers in terrorist acts allow to assert about the necessity of bringing to responsibility the persons who were aware of the crimes committed or being planned and didn’t report them. Various scholars’ opinions, justifying the introduction of the institute of failure to report to the Russian criminal law, are presented. The author believes that nowadays there’s a need to strengthen the use of criminal law for protection of society against terrorism-related crimes. One of the ways to strengthen such protection is introduction of the norm, establishing the duty to report terrorist act (committed or being prepared), promoting terrorist activities, training to carry out terrorist activities, organizing terrorist group and (or) participation in it, to the Federal law from March 6, 2006 N 35-FL “On combating terrorism”. Criminal liability for failure to report should correspond to this duty. In author’s opinion, this measure will reduce the number of terrorist attacks.

Keywords

criminal liability for terrorism; terrorist attack; suicide bomber; responsibility for failure to report.