Duma proposes wider scope for trials in absentia for ‘foreign agents’
The State Duma wants to introduce harsher punishments for Russians living outside the Federation and strengthen “foreign agents” policies
27.03.2025
Article published on the meduza.io website
Who will be threatened by the next round of the Duma’s repressive measures? Spoiler alert: anyone.
Background
On 21 March, 400 Duma deputies introduced three punitive bills to:
- Broaden the scope for recognising people as “foreign agents”;
- Increase the number of crimes for which courts can impose sentences in absentia;
- Introduce tougher penalties for certain “anti-war” offences (including “discrediting” the Russian Federation’s Armed Forces).
Are all these initiatives linked in any way?
Only indirectly. The first and third bills are not directly linked at all, but they do overlap with the second one, i.e. trials will be allowed in absentia both for “foreign agent’ and “anti-war” crimes. So, if we assume the second bill to be the central one, then all three can be treated as one “package”.
Let’s start with trials in absentia. Are they only for those who have committed offences abroad?
Not necessarily. In absentia trials are not directly related to where a crime was perpetrated. Such procedures are only initiated if the accused is outside the Russian Federation and avoids appearing in court. He or she cannot be held accountable for an offence committed in a foreign country.
So, can any person who has left the country now be tried in absentia?
No, there is a constitutional ban on criminal trials in absentia. However, exceptions to this general rule can be made, provided they are written into federal legislation.
Article 123
Part 2. Court criminal trials in absentia shall not be allowed, except in cases provided for under federal law.
Currently, a person can only be tried in absentia in criminal cases that involve grievous or particularly grievous offences (and formally only “in exceptional circumstances”). This is included under Article 247 of the Federation’s Criminal Procedures Code, which the deputies are seeking to amend.
Every such conviction in absentia must be overturned if the defendant returns willingly to the Russian Federation and submits a petition to the court. In such cases, a new trial must be held.
So, what changes will be made?
Trials in absentia will be allowed for specific crimes of minor and medium severity. These will include:
- All those mentioned in the Criminal Code (from calls that incite acts of terrorism to unleashing a war of aggression);
- Taking part in the activities of an “undesirable” organisation (following an administrative fine) or in its financing;
- “Discrediting” the army (following an administrative fine) and spreading misinformation about Russia’s Armed Forces;
- Justifying Nazism and the destruction of war graves and memorial sites;
- Displaying symbols of an extremist organisation.
So, you can’t be tried in absentia for “discrediting” or spreading false information?
You can if it meets a specific criterion, i.e. if there are any additional circumstances in the commission of a particular crime.
For example, “discrediting” the army must result in major public disorder, cause harm to health or even death by negligence (Part 2 of Article 280.3). Spreading false information has to have been disseminated by people in a premediated fashion, or “with the artificial creation of evidence”. These are considered to be serious crimes for which defendants can already be tried in absentia.
Such a prosecution was carried out in August 2023 when Ruslan Leviev, the founder of the Conflict Intelligence Team project and blogger Michael Nacke were sentenced in absentia to 11 years in prison for spreading disinformation “with the artificial creation of evidence”.
And are people often tried in absentia now?
No. As of the end of 2023, a total of 555,742 had been convicted, of whom only 2,319 were tried in absentia.
What changes will be made to the “foreign agents” law?
Several new types of activity will be added for which a Russian or foreign citizen can be classed as a “foreign agent”:
- Helping to implement decisions made by international organisations in which Russia is not involved, or foreign State agencies if they threaten the security of the Russian Federation (without actual evidence that an offence has been committed);
- Involving others (including minors) in providing such assistance;
- Participation in the intentional gathering of information on military and technical military activities;
- Involvement in the dissemination or creation of messages and material intended for an unlimited number of people;
- Funding the provision of assistance for any of the above-mentioned activities by minors.
Why do the authorities want this?
One can only guess: most probably so that anyone can be classed as a “foreign agent”. This seems to have been the aim of the latest repressive measures, which the authorities are seeking to achieve by incorporating these changes. For example, the deputies explained that a new section on “involving other persons” had been added to the bill’s Explanatory Note in order to “remove a legislative gap”.
In what way will penalties for “discrediting” the Russian Federation’ Armed Forces and other “anti-war” crimes be toughened?
The deputies have proposed introducing a new qualifying criterion to establish a “discrediting” offence, i.e. the commission of a crime “for mercenary motives or for hire”. Such actions will now automatically be considered a criminal, rather than an administrative offence.
Calls for the imposition of sanctions against Russia or in the assistance thereof for “selfish motives or for hire” will now be included under Articles 284.2 and 284.3 respectively. Convictions will result in imprisonment of up to five years (instead of the current three), and for providing assistance for up to seven years (instead of five).
In addition, the deputies want to authorise the seizure of money, valuables or other assets for examples of “discrediting”. Only money or property obtained in the commission of crimes, or intended to finance activities that threaten the security of the Russian Federation can be confiscated.
