In such cases, the punishment should be either administrative or provide for the withdrawal of such equipment.
The Prosecutor General’s Office of the Russian Federation proposed to repeal the criminal punishment for the purchase and use of “spy” equipment without criminal intent. In such cases, the punishment should be either administrative or provide for the withdrawal of such equipment, said a spokesman for the department, Alexander Kurennoy, during an interview with journalists.
“In most cases, this act does not carry a public danger, and this is exactly what should be considered. We need to limit ourselves to some other measures – maybe this is a removal, maybe some administrative things, but criminal prosecution is unlikely, ”Kurennoy said, adding that both the legislation and law enforcement practice in this direction need to be corrected. However, the Prosecutor General’s Office does not have the right of legislative initiative, the representative said.
Over the past two years, 765 cases were initiated in the Russian Federation under article 138.1 of the Criminal Code of the Russian Federation (illegal circulation of special technical equipment intended for secretly obtaining information). Last year, the number of such cases increased by 31%, the courts tried 568 cases of using “spyware” equipment.
Earlier, the FSB of Russia rejected the proposals of market participants to clarify the term “special technical means intended for secretly obtaining information” (ITS).