It is necessary to prove intent. The Supreme court has assessed cases of Riposto
MOSCOW, September 20 — RIA Novosti. Extremist post in social networks is not a crime if he does not bear danger to society, according to the ruling of the Plenum of the Supreme court.
“The court must carefully check the presence of not only reason but also reason for legal action that involves submission to court of materials containing sufficient data pointing to signs of the crimes… this data includes not only the fact of placing in a network “the Internet” an image or a file containing the signs of excitation of enmity or hatred… but also other information indicating a socially dangerous act, the motive for its Commission”, — is told in the decree of the Plenum of the Supreme court.
It is noted that the excitation of Affairs about extremism is possible only if “the person who placed such material, aware of the thrust acts on the violation of the constitutional order, and the goal was to incite hatred or enmity”.
“It is not a criminal act, although formally containing signs of any act provided for by criminal law, but by virtue of insignificance not representing public danger”, — the document says.
The Plenum of VS of the Russian Federation is discussing amendments to the resolution “On judicial practice on criminal cases about crimes of an extremist nature”, adopted in 2011.