Comparative and legal analysis of the domestic and foreign legislations for crimination of the obviously innocent

Abstract

The article is devoted to the comparative legal analysis of the criminal legislation of Russia and foreign countries, on the example of Japan, South Korea, China, Turkey, for a crimination of the obviously innocent. According to the author, giving by the accused false testimonies in which he criminate the innocent person, has to attract criminal liability for obviously false denunciation (Art. 306 of the criminal code of Russian Federation (CCRF)). The author considers crimination of the obviously innocent as one of the types of the negative post-criminal behavior counteracting disclosure and investigation of a crime. The author offered the need of establishment of criminal liability for crimination of the innocent person and the draft of the article 306 of CCRF / performance, crimination, artificial creation of proofs of the obviously innocent person and falsification of the proofs of charge.