Crimes with administrative prejudicial effect: new massive trend in Russian criminal policy

• In Event: Criminal Law Making Policy WG Panel 1. Criminal Policy Trends from a macro perspective

Abstract

Current political repressions in Russia are carried out via specific types of crime: some repeated administrative offences were criminalised and people are treated by criminal courts due at least the second case of the misconduct. The famous crime of this type but still not so numerous is “Dadin codex” (art. 212.1 of Criminal code). It came into operation in 2014 but firstly enforced only in 2019 against Ildar Dadin who was convicted in repeated violation of the procedure of public protest. A newly introduced in 2022 crimes related Ukrainian War (repeated discredit of Russian army, art. 280.3 and repeated claims for sanctions against Russia, art. 284.2) have also administrative prejudicial effect. They are more enforced than "Dadin codex", but still are not so numerous.
The most popular crime is repeated drunk driving being criminalised since 2015 (art. 264.1): about 60000 of accusations per year. The second numerous crime is repeated non-payments of alimony (art. 157): there are about 50000 accusations per year. Taking together, 15% of all prosecuted offenders in Russia are people who are accused for crimes with administrative prejudicing, and their share has been steadily growing over the last few years.
The paper will discuss this new trend that rose a wide way for law enforcement agencies to improve clear-up rate. If a person has been rendered guilty of an administrative violation more than two times during 12 or 18 months, the investigative organ very quickly (and for some crimes even automatically) opens the criminal case. Such criminal cases are prosecuted successfully in the courts because previous administrative sanction is the ultimate evidence. Moreover, such offences contradict (but not discussed) the basic law doctrine that states that a person cannot be convicted twice for the same offence.

Author

• Ekaterina Khodzhaeva, European University at Saint Petersburg