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Federal Law on Introducing Amendments to the Criminal Code and the Criminal Procedure Code of the Russian Federation Pertaining to Establishing Additional Measures to Counter Terrorism and Ensure Public Security

Translation. 2016© ICNL. All Rights Reserved. THE RUSSIAN FEDERATION FEDERAL LAW dated 6 July 2016 N 375-ФЗ On Introducing Amendments to the Criminal Code and the Criminal Procedure Code of the Russian Federation Pertaining to Establishing Additional Measures to Counter Terrorism and Ensure Public Security Adopted by the State Duma 24 June 2016 Approved by the Federation Council 29 June 2016 Article 1 To amend the Criminal Code of the Russian Federation (The Collection of Legislation of the Russian Federation, 1996, #25, p. 2954; 1998, #22, p. 2332; #26, p. 3012; 1999, #7, p. 873; 2001, #11, p. 1002; #26, p. 2587, 2588; 2002, #19, p. 1793; #30, p. 3020, 3029; 2003, #28, p. 2880; #50, p. 4848; 2004, #30, p. 3091, 3092; 2005, #1, p. 13; 2006, #31, p. 3452; 2007, #1, p. 46; #21, p. 2456; #31, p. 4008; 2008, #52, p. 6235; 2009, #1, p. 29; #31, p. 3921; #45, p. 5263, 5265; #52, p. 6453; 2010, #8, p. 780; #14, p. 1553; #19, p. 2289; #30, p. 3986; #31, p. 4166; #41, p. 5199; #50, p. 6610; 2011, #1, p. 10, 39; #11, p. 1495; #19, p. 2714; #30, p. 4598, 4605; #50, p. 7362; 2012, #10, p. 1162, 1166; #43, p. 5785; #47, p. 6401; #53, p. 7631, 7633; 2013, #26, p. 3207; #27, p. 3442, 3477, 3478; #30, p. 4054, 4078; #43, p. 5440; #44, p. 5641; #51, p. 6685; #52, p. 6997; 2014, #6, p. 556; #19, p. 2303, 2309, 2333, 2335; #26, p. 3376, 3385; #30, p. 4228, 4259, 4278; #48, p. 6651; 2015, #1, p. 83, 85; #27, p. 3983; 2016, #1, p. 61) as follows: 1) in the third part of Article 12, the words “international treaty of the Russian Federation” shall be followed by the words “or other document of an international character containing liabilities recognized by the Russian Federation in the sphere of relations regulated by this Code”; 2) the second part of Article 20 shall read as follows: “2. Persons who have reached fourteen years of age by the time the crime

2 was committed may be subject to criminal liability for murder (Article 105), deliberate gross bodily harm (Article 111), deliberate medium bodily harm (Article 112), kidnapping (Article 126), rape (Article 131), sexual assault (Article 132), theft (Article 158), robbery (Article 161), assault and robbery (Article 162), extortion (Article 163), illegal occupation of an automobile or other vehicle without the intent to steal (Article 166 ), deliberate destruction or damage of property under aggravating circumstances (the second part of Article 167), an act of terrorism (Article 205), undertaking training in order to engage in terrorist activities (Article 2053), participation in a terrorist community (Article 2054), participation in the activities of a terrorist organization (Article 2055), failure to report a crime (Article 2056), hostage taking (Article 206), knowingly false report of an act of terrorism (Article 207), participation in an illegal armed group (Article 208), hijacking of aircraft, water transport, or railroad rolling stock (Article 211), participation in mass riots (the second part of Article 212), hooliganism under aggravating circumstances (parts two and three of Article 213), vandalism (Article 214), illegal purchase, transfer, sale, storage , transporting or carrying explosives or explosive devices (Article 2221), the illicit manufacture of explosives or explosive devices (Article 2231), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic drugs or psychotropic substances (Article 229), the destruction of transport or means of communication (Article 267), encroachment on the life of a statesman or public figure (Article 277), an attack on persons or institutions that enjoy international protection (Article 360), and an act of international terrorism (Article 361).”; 3) in the fifth part of Article 56 the numbers “358 and 360” shall be replaced with “358, 360 and 361”; 4) in paragraph “l” of the first part of Article 63, the words “in the context of armed conflict or military operations” shall be added; 5) in the third part of Article 64, the words “the fourth part of Article 211” shall be followed by the words “, Article 361”; 6) in paragraph “a1” of the first part of Article 73, the words “the first part of Article 205,” and the words “, the second part of Article 2055” shall be deleted; 7) the fifth part of Article 78, the number “358” shall be followed by “, 361”; 8) in paragraph “d” of the third part of Article 79, the words “2055 and 210” shall be replaced by “2055, 210 and 361”; 9) in the first part of Article 82, the words “the fourth part of Article 211” shall be followed by “, Article 361”; 10) in the fourth part of Article 83, the words “357 and 358” shall be replaced with “357, 358 and 361”; 11) the fifth part of Article 92 shall read as follows: “5. Minors who have committed crimes provided for by the first and second parts of Article 111, the second part of Article 117, the third part of Article 122, the first part of Article 126, the third part of Article 127, the second part of Article 131, the second part of Article 132, the fourth part of Article 158, the second part of Article 161, the first and second parts of Article 162, the second part of Article

3 163, the first part of Article 2051, Article 2052, the second part of Article 2054, the first part of Article 206, the second part of Article 208, the second part of Article 210, the first part of Article 211, the second and third parts of Article 223, the first and second parts of Article 226, the first part of Article 2281, the first and second parts of Article 229, and Article 360 of this Code, shall not be exempt from punishment in the manner provided for by the second part of this Article.”; 12) in paragraph “a” of the first part of Article 1041, the words “the third part of Article 359” shall be followed by the words “, Article 361”; 13) in Article 205: a) in the second paragraph of the first part, the word “eight” shall be replaced with the word “ten”; b) in the fifth paragraph of the second part, the word “ten” shall be replaced with the word “twelve”; 14) in Article 2051: a) in the first paragraph of the first part, the words “Articles 205, 206, 208, 211, 277, 278, 279 and 360” shall be replaced with the words “Articles 205, 2052, 2053, 2054, 2055, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361”; b) the first paragraph of the third part shall read as follows: “3. Complicity in the commission of at least one of the offenses provided for by Article 205, the third part of Article 206, and the first part of Article 208 of this Code, – ”; c) clause 1 of the notes shall read as follows: “1. Under the financing of terrorism, this Code understands providing or collecting funds or rendering financial services with the knowledge that they are intended to finance the organization, preparation or commission of at least one of the crimes stipulated in Articles 205, 2051, 2052, 2053, 2054, 2055, 206 , 208, 211, 220, 221, 277, 278, 279 and 360 of this Code, or for funding or other material support of a person for them to commit at least one of these crimes, or to provide for an organized group, illegal armed group, or criminal community (criminal organization) established or being established to carry out at least one of these crimes.”; 15) in Article 2052: a) in the second paragraph of the first part, the words “in the amount of up to five hundred thousand” shall be replaced with the words “in the amount of one hundred thousand to five hundred thousand rubles”, and the words “, or correctional work for up to four years,” shall be deleted; b) the second part shall read as follows: “2. The same acts committed with the use of mass media or electronic or information and telecommunication networks, including the Internet, – shall be punished by a fine of three hundred thousand to one million rubles or in the amount of the offender’s salary or other income for a period of three to five years, or by imprisonment for a term of five to seven years with the prohibition from holding certain positions or engaging in certain activities for up to five years.”;

4 c) the note shall be deemed invalid; d) and other notes shall be added as follows: “Notes. 1. In this Article, public justification of terrorism shall be understood as a public statement on recognizing the ideology and practice of terrorism as right and needful of support and emulation. In this Article, terrorist activity shall mean committing at least one of the offenses provided for by Articles 205-206, 208, 211, 220, 221, 277, 278, 279, 360, And 361 of this Code.”; 16) in Article 2053: a) in the first paragraph, the words “279 and 360” shall be replaced with the words “279, 360 and 361”; b) in the note, the words “279 and 360” shall be replaced with “279, 360 and 361”; 17) in the first paragraph the first part of Article 2054 , the words “279 and 360” shall be replaced with “279, 360 and 361”; 18) in Article 2055: a) in the second paragraph of the second part, the words “five to ten” shall be replaced with the words “ten to twenty”; b) in the note, the words “person who has voluntarily ceased” shall be replaced with the words “person who has committed an offense under this Article and has voluntarily ceased”; 19) Article 2056 shall be added as follows: “Article 2056. Failure to Report a Crime Failure to inform the authorities competent to consider crime reports about the person (persons) who are preparing or committing or have committed, according to dependable information, at least one of the crimes under Articles 205, 2051, 2052, 2053, 2054, 2055, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of this Code, – shall be punished by a fine of up to one hundred thousand rubles or in the amount of the offender’s salary or other income for a period of up to six months, or correctional work for up to one year, or imprisonment for the same term. Note. No person shall be subject to criminal liability for failing to report the preparation or commission of a crime by his spouse or close relative.”; 20) in Article 208: a) in the second paragraph of the first part, the words “eight to fifteen” shall be replaced with the words “ten to twenty”; b) in the second paragraph of the second part, the words “five to ten” shall be replaced with the words “eight to fifteen”; c) in the note, the words “person who has voluntarily ceased” shall be replaced with the words “person who has committed an offense under this Article for the first time and has voluntarily ceased”; 21) in Article 212, the first part1 shall be added as follows: “11. Abetting, recruiting or otherwise involving a person in the commission of any of the actions specified in the first part of this Article –

5 shall be punished by a fine of three hundred thousand to seven hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to four years, or without it, or by correctional work for a term of two to five years, or by imprisonment for a term of five to ten years.”; 22) in Article 282: a) the second paragraph of the first part shall read as follows: “shall be punished by a fine of three hundred thousand five hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to three years, or correctional work for a period of one year to four years with the prohibition from holding certain positions or engaging in certain activities for up to three years, or imprisonment for term of two to five years.”; b) the fifth paragraph of the second part shall read as follows: “shall be punished by a fine of three hundred thousand six hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to three years, or correctional work for a term of two to five years with the prohibition from holding certain positions or engaging in certain activities for up to three years, or imprisonment for a period of three to six years.”; 23) in Article 2821: a) the second paragraph of the first part shall read as follows: “shall be punished by a fine of four hundred thousand to eight hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to four years, or imprisonment for a term of six to ten years with the prohibition from holding certain positions or engaging in certain activities for up to ten years and with the restraint of liberty for a term of one to two years.”; b) the second paragraph of the first part1 shall read as follows: “shall be punished by a fine of three hundred thousand seven hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to four years, or correctional work for a term of two to five years with the prohibition from holding certain positions or engaging in certain activities for up to five years or without it and with the restraint of liberty for a term of one year to two years, or imprisonment for a term of four to eight years with the restraint of liberty for a term of one year to two years.”; c) the second paragraph of the second part shall read as follows: “shall be punished by a fine of three hundred thousand six hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to three years, or correctional work for a period of one year to four years with or without the prohibition from holding certain positions or engaging in certain activities for up to three years and with the restraint of liberty for up to one year, or imprisonment for a term of two to six years, with or without the prohibition from holding certain positions or engaging in certain activities for up to five years and with the restraint of liberty for up to one year.”; d) the second paragraph of the third part shall read as follows: “shall be punished by imprisonment for a term of seven to twelve years with or without a fine of three hundred thousand to seven hundred thousand rubles or in the amount

6 of the offender’s salary or other income for a period of two to three years, with or without the prohibition from holding certain positions or engaging in certain activities for up to ten years and with the restraint of liberty for a term of one to two years.”; d) clause 1 of the notes shall read as follows: “1. A person who has committed an offense under this Article for the first time and has voluntarily ceased to participate in the activities of an extremist community shall be exempt from criminal liability if his actions do not contain other corpus delicti.”; 24) in Article 2822: a) the second paragraph of the first part shall read as follows: “shall be punished by a fine of four hundred thousand to eight hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to four years, or imprisonment for a term of six to ten years with the prohibition from holding certain positions or engaging in certain activities for a term up to ten years and with the restraint of liberty for a term of one to two years.”; b) the second paragraph of the first part1 shall read as follows: “shall be punished by a fine of three hundred thousand to seven hundred thousand thousand rubles or in the amount of the offender’s salary or other income for a period of two to four years, or correctional work for a term of two to five years, with or without the prohibition from holding certain positions or engaging in certain activities for up to five years and with the restraint of liberty for a term of one to two years, or imprisonment for a term of four to eight years with the restraint of liberty for a term of one to two years.”; c) the second paragraph of the second part shall read as follows: “shall be punished by a fine of three hundred thousand to six hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to three years, or correctional work for a period of one year to four years with or without the prohibition from holding certain positions or engaging in certain activities for up to three years and with the restraint of liberty for up to one year, or imprisonment for a term of two to six years, with or without the prohibition from holding certain positions or engaging in certain activities for up to five years and with the restraint of liberty for up to one year.”; d) the second paragraph of the third part shall read as follows: “shall be punished by imprisonment for a term of seven to twelve years with or without a fine of three hundred thousand to seven hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to three years, with or without the prohibition from holding certain positions or engaging in certain activities for up to ten years and with the restraint of liberty for a term of one year to two years.”; e) in the note, the words “A person who has voluntarily ceased” shall be replaced with the words “A person who has committed an offense under this Article for the first time and has voluntarily ceased”;

7 25) in Article 2823: a) the second paragraph of the first part shall read as follows: “shall be punished by a fine of three hundred thousand to seven hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to four years, or correctional work for a period of one year to four years, with or without the prohibition from holding certain positions or engaging in certain activities for up to three years and with the restraint of liberty for up to one year, or imprisonment for a term of three to eight years.”; b) the second paragraph of the second part shall read as follows: “shall be punished by a fine of three hundred thousand to seven hundred thousand rubles or in the amount of the offender’s salary or other income for a period of two to four years or without it, or correctional work for a term of two to five years with or without the prohibition from holding certain positions or engaging in certain activities for up to five years and with the restraint of liberty for a term of one to two years, or imprisonment for a term of five to ten years.”; c) in the note, the words “A person who has committed an offense” shall be replaced with the words “A person who has committed a crime under this Article for the first time”; 26) in Article 3221: a) the second paragraph of the first part shall read as follows: “shall be punished by imprisonment for up to five years with or without the restraint of liberty for up to two years.”; b) clause “a” of the second part shall read as follows: “a) a group of persons by prior agreement or by an organized group;”; 27) Chapter 34 shall be supplemented by Article 361 as follows: “Article 361. An Act of International Terrorism 1. The commission outside the territory of the Russian Federation of an explosion, arson or other acts endangering the life, health, freedom or integrity of citizens of the Russian Federation and intended to violate the peaceful coexistence of nations and peoples or against the interests of the Russian Federation, as well as a threat to commit such acts – shall be punished with imprisonment from ten to twenty years or life imprisonment. 2. The funding of actions specified in the first part of this Article, or involving [other person or persons] in their commission – shall be punished by imprisonment for a term of five to ten years with or without a fine of up to five hundred thousand rubles or in the amount of the offender’s salary or other income for a period of up to three years. 3. Actions provided for by the first part of this Article that have caused the death of a person – shall be punished with imprisonment for fifteen to twenty years with the restraint of liberty for a term of one to two years, or imprisonment for life.”. Article 2

8 To amend the Criminal Procedure Code of Russian Federation (The Collection of Legislation of the Russian Federation, 2001, #52, p. 4921; 2002, #22, p. 2027; #30, p. 3020, 3029; #44, p. 4298; 2003, #27, p. 2700, 2706, #50, p. 4847, 2004, #17, p. 1585; #27, p. 2711; 2005, #1, p. 13; #23, p. 2200; 2006, #28, item 2975, 2976.; #31, p. 3452; 2007, #1, p. 46; #24, Art. 2830, 2833; #31, p. 4011; #49, Art. 6033; #50, Art. 6235, 6248; 2008, #12, Art. 1074; 2009, #1, p. 29; #11, Art. 1267; #44, p. 5170; #45, p. 5263; #52, p. 6422; 2010, #1, p. 4; #15, p. 1756; #19, p. 2284; #21, p. 2525; #27, p. 3427, 3431; #30, p. 3986, 4003; #31, p. 4164, 4193; #49, p. 6412; 2011, #1, p. 16, 45; #15, p. 2039; #23, p. 3259; #25, p. 3533; #29, p. 4286; #30, p. 4598, 4605; #45, p. 6322, 6334; #48, p. 6730; #50, p. 7361, 7362; 2012, #10, p. 1162, 1166; #24, p. 3071; #30, p. 4172; #31, p. 4330, 4331; #47, p. 6401; #49, p. 6752; #53, p. 7637; 2013, #9, p. 875; #26, p. 3207; #27, p. 3442, 3478; #30, p. 4031, 4050, 4078; #44, p. 5641; #51, p. 6685; #52, p. 6945, 6997; 2014, #6, p. 556; #11, p. 1094; #19, p. 2303, 2310, 2333, 2335; #23, p. 2927; #26, p. 3385; #30, p. 4219, 4246, 4259, 4278; #48, p. 6651; 2015, #1, p. 47, 81, 83, 85; #6, p. 885; #10, p. 1417; #21, p. 2981; #29, p. 4354, 4391; 2016, #1, p. 61; #14, p. 1908; #18, p. 2515) as follows: 1) Article 2 by supplementing the third part as follows: “3. In cases provided for by Article 12 of the Criminal Code of the Russian Federation, separate proceedings may be held outside the territory of the Russian Federation in accordance with the requirements of this Code.”; 2) Article 3 by supplementing the first part1 as follows: “11. In cases provided for by the third part of Article 12 of the Criminal Code of the Russian Federation, separate proceedings may be held outside the territory of the Russian Federation in respect of foreign citizens and stateless persons in accordance with the requirements of this Code.”; 3) clause 3 of the second part of Article 30 shall read as follows: “3) a bench of three judges of a federal court of general jurisdiction – criminal cases on offenses provided for by articles 205, 2051, 2052, 2053, 2054, 2055 and 206, Art. 211, the fourth part, Art. 212, the first part, articles 275, 276, 278 and 279, and Art. 281, the second and the third parts, of the Criminal Code of the Russian Federation, and other criminal cases within the jurisdiction of the Moscow District Military Court, the North Caucasus District Military Court and the Volga District Military Court in accordance with clauses 2-4 of the sixth part1 of Article 31 of this Code, and if the accused lodged a petition prior to the appointment of the court session, in accordance with Article 231 of this Code – criminal cases on offenses under Art. 105, the second part, Art. 126, the third part, Art. 131, the third through the fifth parts, Art. 132, the third through the fifth parts, Art. 134, the fourth through the sixth parts, Art. 208, the first part, Art. 209, Art. 210, the first, third and fourth parts, Art. 211, the first through the third parts, Art. 227, Art. 2281, the fifth part, Art. 2291, the fourth part, Art. 277, Art. 281, the first part, articles 295, 317, 353 through 358, Art. 359, the first and the second parts, and Art. 360 of the Criminal Code of the Russian Federation;”; 4) in Article 31:

9 a) in the first part, the words “202, the first part,” shall be followed by “2056”, and the words “2823, the first part,” shall be deleted; b) in the sixth part1: the first paragraph shall read as follows: “61. The Moscow District Military Court, the North Caucasus District Military Court and the Volga District Military Court shall have jurisdiction over:”; clause 2 after the words “211, the fourth part” shall be supplemented by the number “, 361”; 5) in the second part1 of Article 35, the words “the Moscow District Military Court and the North Caucasus District Military Court” shall be replaced with the words “the Moscow District Military Court, the North Caucasus District Military Court and the Volga District Military Court”; in the second part of Article 100, the words “281 and 360” shall be replaced with “281, 360 and 361”, and the words “not later than 30 days” shall be replaced with “not later than 45 days”; 7) in Article 151: a) in the second part: in subclause “a” of clause 1, the numbers “356 – 360” shall be replaced with “356 – 361”; in clause 2, the words “355 and 359” shall be replaced with “355, 359 and 361”; b) the sixth part, the words “Article 150,” shall be followed by the number “2056”; 8) in the fifth part of Article 165, the words “within 24 hours” shall be replaced with the words “not later than 3 days”; 9) Article 185 shall be supplemented by the seventh part as follows: “7. If there are sufficient grounds to believe that e-mails or other messages transmitted via telecommunication networks may contain information relevant to the criminal case, the investigator may conduct their inspection and seizure by the court decision.”. Article 3 To deem invalid the seventh paragraph of clause 9 of Article 4 of Federal Law #153-FZ On Amendments to Certain Legislative Acts of the Russian Federation of 27 July 2006 in Connection with the Adoption of the Federal Law On the Ratification of the Council of Europe Convention on the Prevention of Terrorism and the Federal Law On Countering Terrorism (The Collection of Legislation of the Russian Federation, 2006, #31, p. 3452). Article 4 This Federal Law shall enter into force on 20 July 2016. [SEAL of the Office of the President of the Russian Federation]

10 President of the Russian Federation V. Putin The Kremlin, Moscow, 6 July 2016, #375-FZ

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