Misprision of treason

Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.

Under Australian law a person is guilty of misprision of treason if he:

(a) receives or assists another person who, to his or her knowledge, has committed treason with the intention of allowing him or her to escape punishment or apprehension; or

(b) knowing that another person intends to commit treason, does not inform a constable of it within a reasonable time or use other reasonable endeavours to prevent the commission of the offence.

The penalty is life imprisonment.

Under section 50(1)(b) of the Canadian Criminal Code, a person is guilty of an offence (although it is not described as misprision) if: "knowing that a person is about to commit high treason or treason [he] does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason."

The maximum penalty is 14 years.

Under section 3 of the Treason Act 1939 a person is guilty of misprision of treason if "knowing that any act the commission of which would be treason is intended or proposed to be, or is being, or has been committed, [he] does not forthwith disclose the same, together with all particulars thereof known to him, to a Justice of the District Court, or an officer of the Gárda Síochána, or some other person lawfully engaged on duties relating to the preservation of peace and order."

Section 76(b) of the Crimes Act 1961 provides that any person who "knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission" is guilty of an offence.

A person guilty of this offence is liable to imprisonment for a term not exceeding seven years.

Russia has no specific offence of misprision. However Article 275 of the Criminal Code of Russia encourages people to come forward with information by providing them with a statutory defence to treason and other offences:

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Wikipedia