Widening the net Russian lawmakers are expanding the definition of treason — including for foreigners. Here’s what you need to know.
What’s going on?
On December 12, the Russian State Duma is set to review the second reading of a draft amendment to the Criminal Code that would significantly expand the definition of state treason, as well as several other offenses. The Duma’s Committee on State Building and Legislation approved the amendments last week.
According to iStories, 52 people were sentenced under the Criminal Code’s article on state treason in the first half of 2024 — 3.5 times more than in the same period of 2023.
What exactly will change?
The Criminal Code currently outlines six forms of state treason, one of which is “defecting to the enemy.” Among other changes, the new amendments will clarify the definition of “enemy.” It will now be described as:
A foreign state, or an international or foreign organization, directly opposing the Russian Federation in an armed conflict, military activity, or other actions involving weapons and military equipment.
The human rights group Department One notes that the explicit inclusion of organizations as well as states in the definition of “enemy” is a new development. Nonetheless, dozens of Russians have previously been prosecuted for “cooperation” with Russian units of the Ukrainian military such as the Freedom of Russia legion and the Russian Volunteer Corps. Now, however, it’s possible that pro-Ukrainian humanitarian organizations providing aid at the front could also be classified as “enemies.”
More significantly, the Criminal Code will introduce the concept of “switching to the enemy side,” defined as:
…participation in enemy forces (troops) in an armed conflict, military activity, or other actions involving weapons and military equipment, or voluntary participation in the activities of the enemy’s authorities, institutions, enterprises, or organizations, deliberately directed against the security of the Russian Federation.
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Could these ‘enemies’ include NATO countries?
The draft law refers to countries and organizations “directly opposing” Russia. This seems to refer primarily to Ukraine, the only country whose military is actively fighting Russian forces on the battlefield. However, Russian intelligence could interpret this differently. For example, they could classify NATO countries providing assistance to the Ukrainian military as “enemies” of Russia.
This would align with the Kremlin’s logic: after Russia’s Oreshnik missile strike on Dnipro in November, Vladimir Putin stated that the “regionally-provoked conflict in Ukraine, fueled by the West, has taken on elements of a global conflict.” It would also be consistent with Moscow’s updated nuclear doctrine, which allows nuclear strikes in response to “aggression against Russia and its allies by any non-nuclear state supported by a nuclear state.”
If NATO member countries are deemed “enemies,” the amendments could make it dangerous for anyone in Russia to participate in activities connected to Western “authorities, institutions, enterprises, or organizations” that are “deliberately directed against the security of the Russian Federation.”
To prosecute someone on these grounds, Russian law enforcement would have to “prove” that the activities of any organization located in a NATO country are “deliberately” aimed at undermining Russia’s security — which would likely be easy for them. Department One points out that “participation in activities” in cases involving “undesirable” or “extremist” organizations can encompass actions such as reposting online content, attending conferences, or providing financial services.
On Wednesday, the Telegram channel of the State Duma Commission for Investigating Foreign Interference quoted the committee’s chairman, Vasily Piskaryov, as saying that applying for NATO civil society grants could qualify as state treason under the new amendments. “The grant application process is nothing more than a way to collect personal data for subsequent recruitment,” he asserted.
Yevgeny Smirnov, a lawyer with Department One, told Meduza that trying to predict which specific organizations could be targeted may be futile and even harmful. “Legislators are making the concept of state treason even broader, and it wouldn’t be wise to give ideas to the Russian authorities about how they might apply it,” he said.
Will the changes affect foreign nationals?
Yes. The amendments would make “providing assistance to enemies” and “confidential cooperation” illegal for foreign citizens in Russia. Currently, only Russian citizens can be charged with these offenses.
Additionally, the bill would add a new article to the Russian Criminal Code that outlaws “providing assistance to an enemy in activities deliberately directed against the security of the Russian Federation” for foreigners in addition to Russian citizens.
The article against “confidential cooperation” for Russian citizens has existed for more than two years. Lawyer Yevgeny Smirnov described its application as “horrible”:
People are punished for communicating with relatives in Ukraine, for posting anti-war posters, for sending news to Telegram bots, and just recently, a sentence was handed down to journalist Nina Novak, from Siberia.Realii in Chita, for working on a news story. Now, this article has been expanded to cover foreigners in Russia.
“I think the number of cases related to state treason will grow exponentially and could increase significantly in 2025,” Smirnov concluded.
Another notable change is the range of penalties for “rebellion,” which is now punishable by life imprisonment.
Will this draft law be adopted?
Almost certainly. It was introduced to the State Duma by the Russian government (although in the first reading, it only proposed tightening the punishment for armed rebellion; the concept of state treason was added ahead of the second reading). Additionally, as mentioned above, the amendments have already been approved by the State Duma’s Committee on State Building and Legislation.
Explainer by Petr Sapozhnikov. Adapted for Meduza in English by Sam Breazeale.