105 of the Criminal Code of the Russian Federation “Murder of two or more persons. P
1. Murder, that is, intentionally causing the death of another person, is punishable by imprisonment for a term of six to fifteen years, with or without restriction of freedom for a term of up to two years. 2. Murder of: a) two or more persons; b) a person or his relatives in connection with the performance of official activities by this person or the performance of public duty; c) a minor or another person who is known to be in a helpless state by the perpetrator, as well as associated with the kidnapping of a person; d) a woman who is known to be pregnant by the perpetrator; e) committed with particular cruelty; f) committed in a generally dangerous manner; f.1) based on blood feud; g) committed by a group of persons, a group of persons by prior conspiracy or an organized group; h) for mercenary reasons or for hire, as well as associated with robbery, extortion or banditry; i) for hooligan reasons; j) with the aim of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature; k) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group; l) for the purpose of using the organs or tissues of the victim, - m) has become invalid shall be punishable by imprisonment for a term of eight to twenty years with restriction of freedom for a term of one to two years, or life imprisonment, or the death penalty.
Legal advice under Art. 105 of the Criminal Code of the Russian Federation
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This year there are no changes to Art. 105 of the Criminal Code of the Russian Federation was NOT introduced. Last changes were introduced into this norm in 2009. P.S. In Art. 105 of the Criminal Code of the Russian Federation does not have clause 18, since in part 2 the clauses have letter designations: “a”, “b”, “c”, etc.
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Art. 158 of the Criminal Code of the Russian Federation, Art. 105 of the Criminal Code of the Russian Federation and, in keeping with the times, Art. 291 of the Criminal Code of the Russian Federation, if we count by the facts of commission, and not by the facts of initiation of cases, and even more so - convictions, then: 116, 124, 131, 136, 137, 144, 157, 159-159.6 , 168, 230, 237, 245, 285, 286, 330...
- Lawyer's answer:
Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 27, 1999 N 1 (as amended on December 3, 2009) "On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation)" V. A. DAVYDOV PLENAUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated January 27, 1999 No. 1 ABOUT JUDICIAL PRACTICE IN CASES OF MURDER (ART. 105 of the Criminal Code of the Russian Federation)<*>
Why do we need this? Maybe you can change the faculty?
- Lawyer's answer:
When applying the statute of limitations for bringing to criminal responsibility for a crime, it does not matter whether it was completed, that is, for an attempt the period is the same as for a completed murder. Considering that the crime provided for in Part 2 of Art. 105 of the Criminal Code of the Russian Federation - especially serious, the statute of limitations is 15 years (for persons who committed an act while a minor, it is reduced by half, that is, 7.5 years). In accordance with Part 4.Art. 78 of the Criminal Code of the Russian Federation, the issue of applying the statute of limitations to a person who has committed a crime punishable by death or life imprisonment (and Part 2 of Article 105 of the Criminal Code of the Russian Federation provides for such types of punishment) is decided by the court. If the court does not consider it possible to release the specified person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment are not applied.
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Go to a consultant or guarantor, you can see previous editions there.
Single judge. Here and there.
Murderers are not given amnesty.
8 years of real life!
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What nonsense is this? Maybe not part 2 tbsp. 167, and part 2 of Art. 267? Then part 2 of Art. 267 - special case Art. 109.
- Lawyer's answer:
the defendant’s refusal to retract his testimony must be taken into account in any case, but will not be included in the sentence if the testimony given during the investigation meets the requirements of the Code of Criminal Procedure of the Russian Federation and is confirmed by the materials of the criminal case. There are many reasons for slander (the desire to shield another person, threats to life, etc.). The assessment of the state prosecutor is that he is an IDIOT, the legal assessment is that he is wrong))
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Last time amendments to Art. 105 were introduced by Federal Law dated December 27, 2009 N 377-FZ. They came into force in January 2010 and concerned the introduction of such punishment for murder as restriction of freedom. In the near future any...
See Code of Criminal Procedure
- Lawyer's answer:
What do you think of the explosives specialist’s silence about the presence of a real explosive device under the victim’s feet? Suitable for qualification under Part 1 of Art. 105 of the Criminal Code of the Russian Federation committed in the form of inaction, in the presence of intent to deprive the life of the victim (and subsequently - the death of the victim, as a consequence)? As for the delimitation of Art. 125 and Art. 105 of the Criminal Code of the Russian Federation (or 30 part 3, 105), what do you think about the following? “The elements of the crime provided for in Article 125 of the Criminal Code do not cover causing harm to the victim (including death). If harm occurs, then, as a rule, the person’s guilt is characterized by negligence, and the act is qualified in its entirety (Article 125 and Art. 109 of the Criminal Code, etc.) If there are the above-mentioned objective signs of INACTION and INTENTION to TAKE THE LIFE of the victim, there is every reason to classify such behavior of the perpetrator as murder.If a fireman, being in a burning room, has a real opportunity to save a child huddled in a corner, still not engulfed in flames, instead of helping for some time, watches as the fire approaches and engulfs the victim, then his inaction must undoubtedly be regarded as murder (Article 105 of the Criminal Code of the Russian Federation)... The behavior of a doctor who, if there is a real opportunity to bandage the heavily bleeding wound of the victim, continues to watch as the latter bleeds out and dies as a result of massive blood loss. Murder in the form of inaction (Article 105 of the Criminal Code of the Russian Federation), and not leaving in danger, will be the behavior of the leader of a group of climbers, when, instead of providing assistance to a victim who has stumbled and is hanging over an abyss, he, being nearby and having a real opportunity to save him, begins to count the time, how much he can hang. "
"manslaughter
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===>Amendments to Article 105 Part 2 of the Criminal Code of the Russian Federation
Look in the "consultant"
- Lawyer's answer:
No, it was not. Latest changes to Part 1 of Art. 105 of the Criminal Code of the Russian Federation was amended. Federal Law of December 27, 2009 N 377-FZ, regarding punishment in the form of restriction of freedom. There were no further changes or amendments. Below see the current version of Part 1 of Art. 105 of the Criminal Code of the Russian Federation, and at the link in the source, see the law as amended (Federal Law of March 7, 2011 N 26-FZ “On Amendments to the Criminal Code of the Russian Federation”). The most interesting thing is that in the “close” one on the topic and punishment, changes were made to the extent that the lower limit of punishment in the form of imprisonment was removed. But regarding the murder they left everything the same. Article 105. Murder 1. Murder, that is, intentionally causing the death of another person, is punishable by imprisonment for a term of six to fifteen years, with or without restriction of freedom for a term of up to two years. (as amended by Federal Law dated December 27, 2009 N 377-FZ)
The jurisdiction of magistrates includes cases of crimes for which the maximum sentence does not exceed 3 years of imprisonment. The punishment under Part 1 of Art. 105 of the Criminal Code of the Russian Federation provides for from 6 to 15 years of imprisonment
- Lawyer's answer:
Addition to what was said above: An attack on a random (precisely!) person for selfish or foul purposes, but during the attack there were actions (pushing, beating). As a result of the actions (injury from falling, beatings), death occurred. Deliberate actions against a complete stranger, a random passer-by, resulting in death. Precisely - random, unfamiliar.
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if you are talking about mitigation of punishment, then definitely NO
- Lawyer's answer:
There were no amendments to the article itself in terms of changing the terms of imprisonment. There was a relatively recent addition of individual qualifying features in 2007 and 2009, respectively, in part 2 of the article. Well, Federal Law No. 377 of December 2009 introduced into this article, and a number of other articles, the possibility of assigning not only the main punishment in the form of imprisonment, but also an additional one to the main one, in the form of restriction of freedom. We can say that there has been a deterioration, because they can now impose a sentence of 20 years in prison with a restriction of freedom of up to 2 years. On the other hand, this could also be an improvement when, instead of 10 years of imprisonment, a sentence of 8 imprisonments and 2 years of restriction of freedom is imposed. This is what it was for recent years 3.
- Lawyer's answer:
Unfortunately, not everything is so reasonable. Article 78. Exemption from criminal liability due to the expiration of the statute of limitations [Criminal Code of the Russian Federation] [Chapter 11] [Article 78] 1. A person is exempt from criminal liability if the following periods have expired from the date of commission of the crime: a) two years after the commission of the crime slight heaviness; b) six years after committing a crime of average gravity; c) ten years after the commission of a serious crime; d) fifteen years after the commission of a particularly serious crime. 2. The statute of limitations is calculated from the day the crime was committed until the court verdict enters into legal force. If a person commits a new crime, the statute of limitations for each crime is calculated independently. 3. The running of the statute of limitations is suspended if the person who committed the crime evades investigation or trial. In this case, the running of the limitation period is resumed from the moment of detention of the specified person or his surrender. 4. The issue of applying the statute of limitations to a person who has committed a crime punishable by death or life imprisonment is decided by the court. If the court does not consider it possible to release the specified person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment are not applied. 5. Statutes of limitation do not apply to persons who have committed crimes against the peace and security of mankind, provided for in Articles 353, 356, 357 and 358 of this Code.
- Lawyer's answer:
Many questions regarding murder are answered in Resolution of the Plenum of the RF Armed Forces dated January 27, 1999 No. 1 “On judicial practice in murder cases.” Regarding your question, look at paragraph 2 and paragraph 5: 2) If murder can be committed with both direct and indirect intent, then attempted murder is possible only with direct intent, that is, when the act indicated that the perpetrator was aware public danger of his actions (inaction), foresaw the possibility or inevitability of the death of another person and wanted it to happen, but the death did not occur due to circumstances beyond his control (due to the active resistance of the victim, the intervention of other persons, timely provision of medical care to the victim, etc. ) . 5) In accordance with the provisions of Part 1 of Art. 17 of the Criminal Code of the Russian Federation, murder of two or more persons, committed simultaneously or in different time, does not form a set of crimes and is subject to qualification under paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, and if there are grounds for this, also under other points of part 2 of this article, provided that the perpetrator has not previously been convicted of any of these murders. The murder of one person and the attempted murder of another cannot be considered as a completed crime - the murder of two persons. In such cases, regardless of the sequence of criminal actions, the act should be qualified under Part 1 or Part 2 of Art. 105 and according to Part 3 of Art. 30 and paragraph "a" part 2 art. 105 of the Criminal Code of the Russian Federation. That is, there can be two options for the attempted murder of two persons: 1) I wanted to kill two people, I did everything I planned (shooting, cutting, etc.), but the death of both did not occur due to circumstances beyond the control of the person. 2) I wanted to kill two people, I did everything I planned (shooting, stabbing, etc.), but the death of one occurred, and the second did not due to circumstances beyond the person’s control. But in this case, in addition to the qualification for the attempted murder of two persons, there will also be a qualification for the one who was able to kill, under Part 1 or Part 2 of Art. 105 of the Criminal Code of the Russian Federation (depending on the presence or absence of other qualifying features from Part 2 of Article 105 of the Criminal Code of the Russian Federation).
- Lawyer's answer:
Parts 3 and 4 of Art. give us the answer to this. 62 of the Criminal Code of the Russian Federation (as amended by Federal Law dated June 29, 2009 N 141-FZ). 3. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. 4. In the event of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. Part 2 Art. 105 of the Criminal Code of the Russian Federation provides for PLS and SK as punishments. And if there was no pre-trial agreement, then according to Part 3 of Art. 62 of the Criminal Code of the Russian Federation, the provisions of this article do not apply. It is also necessary to take into account that, according to Part 2 of Art. 59 of the Criminal Code of the Russian Federation - The death penalty is not imposed on women, as well as persons who committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court pronounces the sentence. We see the same thing in Part 2 of Art. 57 of the Criminal Code of the Russian Federation, regarding life imprisonment. Accordingly, the death penalty and life imprisonment cannot be imposed on the above categories of citizens (women, etc.) under Part 2 of Art. 105 of the Criminal Code of the Russian Federation. And therefore, Art. can be applied to these categories of citizens. 62 of the Criminal Code of the Russian Federation. From personal practice - my client (a woman) under Art. 105 part 2 Irkutsk regional court applied Art. 62 of the Criminal Code of the Russian Federation (in connection with active assistance in solving a crime, full admission of guilt).
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in connection with the reform of the system of amendments to this article, there will be no settlements for at best 5 years (although this is an out of place question)
And you treat him with special cynicism, I hope? All! I'm hiring you! Mine needs that too)))
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amendment to repeal previous amendments to this article.
- Lawyer's answer:
It's elementary, Watson... The difference is this: under genocide in Art. 357 of the Criminal Code of the Russian Federation, one should understand actions committed with the intent to destroy in whole or in part any national, ethnic, racial or religious group as such: a) murder of members of such a group; b) causing serious bodily or mental harm to members of such a group; c) the deliberate creation for any group of such living conditions that are calculated to lead to its complete or partial physical destruction; d) measures designed to prevent childbirth among such a group; e) forcible transfer of children from one group to another. The object of the crime is the life, health, rights and freedoms of a person, his safe living conditions. Whereas clause 2 of Art. 105 of the Criminal Code of the Russian Federation does not contain such criteria, and victims may be of different races, nationalities and social status....
He will sit down again, only this time for a long time. Part 2 Art. 105 of the Criminal Code of the Russian Federation, maybe even forever.
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- Lawyer's answer:
DON'T SEARCH! There were no changes in April or May.... or in 2009 at all. They told you nonsense. The last time changes were made to Art. 105 of the Criminal Code of the Russian Federation were introduced by Federal Law of December 30, 2008 No. 321-FZ “On Amendments to Certain Legislative Acts” Russian Federation on issues of countering terrorism" (Adopted by the State Duma on December 12, 2008, Approved by the Federation Council on December 17, 2008)
- Lawyer's answer:
Your unbalanced mental state of health cost a person his life. There are no mitigating circumstances here, so the responsibility is full. as ED wrote - part 1 art. 105 of the Criminal Code of the Russian Federation - from 6 to 15 years in prison. In your situation, most likely all 15
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Write your question, maybe someone can advise you.... Or go to a lawyer for a consultation
Do not be lazy, open part 2 tbsp. 105 of the Criminal Code of the Russian Federation
- Lawyer's answer:
Corpse - no body, no case :)))) (joke) All qualifying signs of murder are arranged in a certain sequence in accordance with the elements of the crime, namely: - by object (more precisely, by the characteristics of the victim’s personality) - paragraphs. “a” - “d” part 2 art. 105 CC; - on the objective side (method) – paragraphs. “d” - “g” part 2 art. 105 CC; - on the subjective side (motive and purpose) – paragraphs. “z” - “m” part 2 art. 105 of the Criminal Code of the Russian Federation. The sign that characterized the subject of the crime (point “n” - committing murder more than once) was excluded from Part 2 of Art. 105 of the Criminal Code. To recognize murder as qualified, it is sufficient that the perpetrator’s act has at least one aggravating circumstance (out of 21 provided). The presence of two or more qualifying features requires qualification of murder under Part 2 of Art. 105 of the Criminal Code, indicating each of them (“set of points”). This rule, undoubtedly, applies to circumstances that characterize the objective signs of a crime (paragraphs “a” - “g”, part 2 of article 105 of the Criminal Code of the Russian Federation). Regarding the possibility of a set of circumstances characterizing the subjective side of murder, opinions in the theory of criminal law are divided. Some scientists believe that such a combination is allowed. Others, following the Plenum of the Supreme Court of the Russian Federation, categorically deny this possibility, rightly believing that those signs of qualified murder that characterize various motives and purposes of the crime cannot be combined. Despite the fact that in real life a combination (competition) of motives for criminal behavior is possible, when qualifying a murder one should distinguish between motives: primary (predominant, dominant, main) and secondary (accompanying, additional, non-main). During the commission of a crime, the perpetrator always subordinates his behavior to any one motive, which determines the meaning and content of both the motive or goal and the actions performed. There is no consensus in the legal literature regarding the types of intent when characterizing the motive and purpose of a qualified murder. There are two main points of view on this issue. Some are convinced that the special purpose of the act, included by the legislator in the crime, is compatible only with direct intent, therefore murder for mercenary motives, murder in order to conceal a crime or facilitate its commission, with the aim of using the organs and tissues of the victim is possible only with direct intent. Others believe that it is necessary to distinguish “purely mercenary” murder, which is possible only with direct intent, from mercenary murder associated with robbery, when the mental attitude of the perpetrator to the death of the victim can be expressed in indifference (consciously allowing it). It seems that for a crime with a material element, the legislator’s indication of certain motives and goals does not exclude the possibility of committing a criminal act with indirect intent. For example, a person brutally beats the testator in order to draw up a will (donation agreement, exchange, other document confirming property rights, etc.) in the name of the culprit, indifferent to the consequence in the form of death, deliberately allowing it. In the event of the death of the testator, the actions of the perpetrator should be qualified as murder committed for mercenary reasons, albeit with indirect intent. Another example. The doctor, in order to use the victim’s organ (kidney), knowing that one can live with one kidney, but being indifferent to the death of the victim after the operation, allowing it to occur, performs the operation carelessly, hastily “patching” the surgical sutures. There is an indirect intent towards death, although there is a specific purpose - to use the victim's organ. Causing death under such circumstances must be qualified under paragraph “m” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation.
Pavel Gorodovikov
Please give me the judicial practice in a criminal case under clause "e1" part 2. Article 105 of the Criminal Code of the Russian Federation. "e1" part 2. Article 105 of the Criminal Code of the Russian Federation
Victor Malyuk
Highlight the hypothesis, disposition, sanction of Art. 105 of the Criminal Code of the Russian Federation
Alexander Basenkov
What is the statute of limitations for attempted murder, Part 3 of Art. 30, paragraph 2 of Art. 105 of the Criminal Code of the Russian Federation?
Pavel Dudarev
V. was accused of committing a crime under Part 2 of Art. 105 of the Criminal Code of the Russian Federation, subject to the jurisdiction of the regional court. Upon familiarization. . V. was accused of committing a crime under Part 2 of Art. 105 of the Criminal Code of the Russian Federation, subject to the jurisdiction of the regional court. When reviewing the case materials at the end of the preliminary investigation, the investigator explained to the accused his right to have the case heard by a jury. V. stated that after familiarizing himself with all the materials of the case, he will decide which composition of the court to choose to consider his case. How is the composition of the court of first instance determined in cases within the jurisdiction of the regional court? What composition of judges are involved in criminal and civil cases in the district court? What composition of judges will hear cases in magistrates' courts?
Evgeniy Sandzheev
Why is there no amity under Article 105 of the Criminal Code of the Russian Federation?
Mikhail Padyshev
Is it possible to receive a suspended sentence under Part 1 of Art. 30 of the Criminal Code of the Russian Federation + clause 3, part 2 of art. 105 of the Criminal Code of the Russian Federation (attempted murder for hire). 1 tbsp. 30 of the Criminal Code of the Russian Federation + clause “z”, part 2 of Art. 105 of the Criminal Code of the Russian Federation (attempted murder for hire) And in general, what punishment is provided? Thank you!
Yulia Shcherbakova
in the case of Kopnin, accused of committing a crime under paragraph "a" part 2 of article 105 of the Criminal Code of the Russian Federation. in the case of Kopnin, accused of committing a crime under paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, the prosecutor in court demanded a guilty verdict, citing the materials of the preliminary investigation, which, in his opinion, completely expose Kopnin in the murder of Mikhailova and Sorokin. Kopnin’s refusal from his testimony given during the preliminary investigation, in which he pleaded guilty, according to the prosecutor, should not be taken into account by the court, since an innocent person will not incriminate himself. Give a legal assessment of the prosecutor's position.
Victoria Vasilyeva
The N regional court examined a criminal case with the participation of a jury under Part 1 of Article 105 of the Criminal Code of the Russian Federation (murder). To which court (structural unit) can a conviction that has not entered into legal force be appealed? In which structural unit of the regional court was this case heard at first instance?
Zhanna Novikova
Is it possible to be held liable for murder in the form of inaction, Part 1 of Art. 105 of the Criminal Code? If yes, then give examples.. Leaving in danger is another article. The question is whether liability under Part 1 of Art. 105 of the Criminal Code if the objective side was expressed in the form of inaction.
Ivan Mosyakov
Murder under Part 1 of Art. 105 of the Criminal Code of the Russian Federation is called. 1 tbsp. 105 of the Criminal Code of the Russian Federation is called
Boris Bronskikh
Please give me the judicial practice in a criminal case under clause "m" part 2. Article 105 of the Criminal Code of the Russian Federation. "e1" part 2. Article 105 of the Criminal Code of the Russian Federation. item "m" part 2. art. 105 of the Criminal Code of the Russian Federation. "e1" part 2. art. 105 of the Criminal Code of the Russian Federation
Ekaterina Gerasimova
Marina Konovalova
A criminal case charging Kozhin with committing a crime under Part 1 of Art. 105 of the Criminal Code of the Russian Federation, received by the court. 1 tbsp. 105 of the Criminal Code of the Russian Federation, received by court district No. 25 of Moscow. The magistrate rendered a guilty verdict. Were the rules of jurisdiction in criminal cases violated?
Ivan Sentyurin
1 or 2 part 105 art. UK?
Inna Ershova
Please tell me how a criminal case is qualified under the article under paragraph e, part 2, article 105 of the Criminal Code of the Russian Federation. What is the deadline?
Inna Kiseleva
amendments to Article 105.ch2.uk of the Russian Federation. Have any amendments been introduced to Article 105.ch2.uk of the Russian Federation in the near future?
Tamara Mikhailova
There is no statute of limitations for a crime under Article 105 of the Criminal Code of the Russian Federation???. that is, you can run all your life, you will still be brought to justice even if you are caught at 90 years old???)))))
Valentin Trush
What is assassination attempt? What is attempted murder of two or more persons? There is also Art. 105 part 2 of the Criminal Code of the Russian Federation, but what is attempted murder? like "mini didn't kill"?
Victoria Nikiforova
Does Article 62 apply to Article 105 Part 2 of the Criminal Code of the Russian Federation
Egor Charodeev
What other job will they hire me for if I have an entry in my work book *Dismissed under Article 105 of the Criminal Code of the Russian Federation (murder of the general director)*??
Lidia Fedotova
Help me please! Tell me, who knows what is the difference between genocide and paragraph 2 of Article 105 of the Criminal Code of the Russian Federation
Georgy Gorodnichenkov
what is the threat for this? A citizen served 8 years for beating his wife, returned and shot him ex-wife and her new husband.
Olga Belyaeva
what is the threat for this? late at night he was returning from a party, someone shouted from behind and asked for a light and reached into his pocket, as it turned out later for cigarettes, he thought it was an attack, took out a knife and killed him... this is an excess of self-defense or causing death through carelessness or... .?
Victoria Sidorova
Article 105, part 2 - Criminal Code. Tell me, please
Vladimir Rezvov
Qualifying signs of murder
Full text of Art. 105 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 105 of the Criminal Code of the Russian Federation.
1. Murder, that is, intentionally causing the death of another person, -
shall be punishable by imprisonment for a term of six to fifteen years, with or without restriction of freedom for a term of up to two years.
2. Murder:
a) two or more persons;
b) a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;
c) a minor or another person who is known to be in a helpless state by the perpetrator, as well as associated with the kidnapping of a person;
d) a woman who is known to be pregnant by the perpetrator;
e) committed with particular cruelty;
f) committed in a generally dangerous manner;
e_1) based on blood feud;
g) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
h) for mercenary reasons or for hire, as well as associated with robbery, extortion or banditry;
i) for hooligan reasons;
j) with the aim of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature;
k) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;
l) for the purpose of using the victim’s organs or tissues, -
m) the clause has lost force since December 11, 2003 - Federal Law of December 8, 2003 N 162-FZ, -
shall be punishable by imprisonment for a term of eight to twenty years with restriction of freedom for a term of one to two years, or life imprisonment, or the death penalty.
Commentary on Article 105 of the Criminal Code of the Russian Federation
1. Composition of the crime:
1) object: the direct object is a person’s life, from the moment of its beginning (when the complete expulsion or extraction of the product of conception from the pregnant woman’s body is stated) and until the moment of its end (the irreversible death of the entire brain is stated);
2) objective side: an action (inaction), as a result of which socially dangerous consequences must occur in the form of the death of another person, and there must be a causal relationship between the act and the consequences;
3) subject: a sane individual who has reached 14 years of age at the time of the crime. A murder committed by an official in excess of his official powers is qualified according to the totality of crimes provided for in the commented article and;
4) subjective side: characterized by guilt in the forms of direct or indirect intent. Attempted murder is possible only with direct intent. With direct intent, the person foresees the inevitability (inevitability, inevitability) of the onset of death and desires its occurrence; with indirect intent, the person foresees only the possibility (but real, and not abstract, as with frivolity) of its occurrence and does not desire, but consciously allows its occurrence or refers to it doesn't matter.
The murder is considered completed from the moment the victim dies. It does not matter when death occurred: immediately or after some time.
The qualifying elements of a crime include the same act committed:
- in relation to two or more persons (clause "a" part 2 of article 105 of the Criminal Code of the Russian Federation);
- a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty (clause "b" part 2 of article 105 of the Criminal Code of the Russian Federation);
- in relation to a minor or other person, who is known to the perpetrator to be in a helpless state, as well as associated with the kidnapping of a person (clause "c" of Part 2 of Article 105 of the Criminal Code of the Russian Federation);
- in relation to a woman who is known to the perpetrator to be pregnant (clause d) of Article 105 of the Criminal Code of the Russian Federation);
- with particular cruelty (clause "e" part 2 of article 105 of the Criminal Code of the Russian Federation);
- in a generally dangerous way (clause "e" part 2 of Article 105 of the Criminal Code of the Russian Federation);
- based on blood feud (clause e.1, part 2 of Article 105 of the Criminal Code of the Russian Federation);
- a group of persons, a group of persons by prior conspiracy or an organized group (clause "g" part 2 of article 105 of the Criminal Code of the Russian Federation);
- for selfish reasons or for hire, as well as associated with robbery, extortion or banditry (clause 3, part 2 of article 105 of the Criminal Code of the Russian Federation);
- from hooligan motives (clause and part 2 of Article 105 of the Criminal Code of the Russian Federation);
- in order to hide another crime or facilitate its commission, as well as one involving rape or violent acts of a sexual nature (clause "k" part 2 of article 105 of the Criminal Code of the Russian Federation);
- for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group (clause l, part 2 of article 105 of the Criminal Code of the Russian Federation);
- for the purpose of using the organs or tissues of the victim (clause m" part 2 of article 105 of the Criminal Code of the Russian Federation).
2. Applicable law:
1) Constitution of the Russian Federation (Article 20);
2) International Covenant on Civil and Political Rights (Article 6, paragraph 1);
3) European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 2);
4) Law of the Russian Federation “On transplantation of human organs and (or) tissues” (Article 9);
5) Federal Law “On Police” (Article 1).
3. Judicial practice:
1) Resolution of the Supreme Court of the Russian Federation dated January 27, 1999 No. 1 “On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation)” clarified that under Part 1 of Art. 105 of the Criminal Code of the Russian Federation qualifies murder committed without the qualifying features specified in Part 2 of Art. 105 of the Criminal Code of the Russian Federation, and without mitigating circumstances provided for in Art. 106, 107 and 108 of the Criminal Code of the Russian Federation (for example, in a quarrel or fight in the absence of hooligan motives, out of jealousy, motivated by revenge, envy, hostility, hatred, arising on the basis of personal relationships);
2) Resolution of the Supreme Court of the Russian Federation dated June 28, 2011 N 11 “On judicial practice in criminal cases involving extremist crimes”;
3) by the verdict of the Orenburg Regional Court dated August 29, 2011, gr.I. found guilty under clause "c" of Part 4 of Art. 162, clause 3, part 2, art. 105 of the Criminal Code of the Russian Federation. Having considered the criminal case against Gr.I. in open court, the court found that Gr.I. committed a robbery against gr.E. for the purpose of stealing property, during which he killed her. The crime was committed under the following circumstances. On November 17, 2010, between 02 and 07 o’clock, Gr.I., while intoxicated, broke the glass in the window opening in order to steal vodka and illegally entered Gr.E’s home. Realizing that his actions were discovered by the victim, Gr.E., Gr.I. for the purpose of stealing and killing gr.E. attacked her. Realizing his plans, gr.I. applied gr.E. with hands at least three blows to the face and with a knife he was carrying at least five blows to the front of the neck, shoulder area and abdomen. The victim fell to the floor from her injuries. After this, gr.I. tore gr.E from his neck. a gold chain and a gold cross, stole eight 0.5-liter bottles of Pshenichnaya vodka and a plastic bag from the closet. Having discovered that gr.E. was showing signs of life, Gr.I., wanting to complete his intention to take the life of the victim to the end, inflicted numerous blows on the latter with a knife found in the kitchen in the neck, in the area of the upper chest in front and shoulders and killed her. With stolen property gr.I. fled the scene of the incident. By his actions gr.I. caused gr.E. bodily injuries in the form of bruises of the nose, left cheekbone and left ear, both elbow joints, right forearm and right hand, right shin, bruise and abrasion of the left knee joint, abrasions of the skin on the left lower lip and chin that did not cause harm to health; a through stab wound of the right submandibular region, a stab wound of the anterior surface of the neck, a stab wound of the lateral surface of the neck on the left in the lower part, two stab wounds of the anterior surface of the left shoulder joint, incised wounds of the 1st, 4th and 5th fingers of the right hand, four cut wounds of the 2nd finger of the left hand, multiple linear abrasions around a through stab wound of the right submandibular region and a stab wound of the anterior surface of the neck, causing minor harm to health; stab wound of the anterior abdominal wall on the left, penetrating into the abdominal cavity with damage to the outer membrane of the sigmoid colon, causing serious harm to health; an extensive incised wound of the anterior, left lateral and left posterolateral surfaces of the neck in the middle part with the intersection of muscles, large and small vessels, the laryngopharynx, which resulted in serious harm to health. Death of Gr.E. occurred at the scene of the incident from heavy external bleeding, which developed as a result of an extensive incised wound to the neck with the intersection of muscles, large and small vessels. At the court hearing, defendant Gr.I. He pleaded guilty in full to the charges brought against him and refused to testify on the merits of the charges. The court appointed gr.I. according to Art. 162 part 4 paragraph "c" of the Criminal Code of the Russian Federation 8 years of imprisonment without a fine or restriction of freedom; according to Art. 105 part 2 clause z of the Criminal Code of the Russian Federation 10 years of imprisonment with restriction of freedom for 1 year. Based on Art. 69 part 3 of the Criminal Code of the Russian Federation for the totality of crimes by partial addition of punishments, the court appointed gr.I. final punishment - 12 years imprisonment penal colony strict regime with restriction of freedom for 1 year;
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URL: http://docs.pravo.ru/document/view/20128575/19021696/.
4) by the verdict of the Babushkinsky District Court of Moscow dated September 02, 2011, gr. K was found guilty of committing a crime under Part 1 of Art. 105 of the Criminal Code of the Russian Federation with a punishment of 6 (six) years of imprisonment in a general regime correctional colony.
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URL: http://prateh.ru/poleznaja-informacija/sudebnaja-praktika/statja-105-uk-rf/105-1-babushkinskij-sud.html.
Consultations and comments from lawyers on Article 105 of the Criminal Code of the Russian Federation
If you still have questions regarding Article 105 of the Criminal Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.
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Murder is the most serious crime and the punishment for it is the most severe. According to Article 105 of the Criminal Code of the Russian Federation, the perpetrator must be held accountable: from 6 years in prison to life imprisonment or the death penalty.
A case involving the death of a person is one of the most difficult for investigation and trial.
The sentence for murder under Article 105 of the Criminal Code of the Russian Federation is determined on the basis of various circumstances: the causes of the crime, the attitude of the perpetrator to the crime, his condition, etc.
Types of murders
Such acts are divided into several types:
- ordinary murder (due to revenge, as a result of a fight);
- especially serious;
- unintentionally, or in a state of psychological breakdown.
Depending on what kind of crime it is, the penalty is determined. Ordinary murder falls under Article 105 of the Criminal Code of the Russian Federation, Part 1. For such an act, the perpetrator can receive from 6 to 15 years in prison.
For especially serious murder, punishment is provided under Article 105, Part 2 of the Criminal Code of the Russian Federation - from 8 years to life imprisonment or the death penalty.
Causing the death of a person unintentionally or in a state of passion poses a lesser threat to society, therefore the term of imprisonment is from 5 years, or from 2 years of its limitation. Penalties for such a murder are discussed in Article 105 of the Criminal Code of the Russian Federation, Part 3.
What influences sentencing?
When passing a sentence in court, aggravating and mitigating circumstances are taken into account.
Aggravating circumstances:
- drunken state of the killer;
- preliminary conspiracy;
- planned act;
- resisting arrest;
- causing damage to government officials.
Extenuating circumstances:
- affective state;
- insanity;
- repentance or sincere confession;
- causing death unintentionally;
- assistance to the investigation;
- minority.
In cases where a person shows a willingness to accept punishment, or has caused death in defense of his health and life, or in the performance of his duties, the punishment is also mitigated.
Particularly serious murder
These include deprivation of life:
- two or more people;
- a pregnant woman, if this fact was known to the killer;
- children or helpless;
- out of blood feud;
- with the intent to conceal another violation of the law;
- for selfish motives (as well as associated with banditry, hooliganism or robbery);
- for hire;
- out of prejudice based on religious, racial or political hatred;
- with extreme cruelty (for example, torture);
- with kidnapping
- using a method that poses a threat to society;
- with rape.
According to Article 105 of the Criminal Code of the Russian Federation, murder entails liability, which is determined on the basis of its type.
However, each crime involving the deprivation of human life is individual, so it is impossible to know in advance the exact punishment that the perpetrator faces.
When considering a murder case, many nuances are taken into account (motives, goals, method, etc.) that will affect the final decision of the court.
Fictitious registration is the registration of a citizen based on the provision of incorrect information or documents. This act poses a danger to society. Fictitious registration has become a way for homeowners to earn extra income.
The owners register strangers in their homes for money, but do not intend to provide them with their apartment or house for actual residence. Such housing is not always suitable for living even for one person. The landlord can sign out an illegal immigrant at any time, so this situation is most convenient for him.
Fictitious registration is considered a criminal offense in Russian legislation. Most often, this offense is committed by foreigners who come to our country to work and live in the same place where they carry out their work activities.
Russian citizens who come to certain regions in search of higher salaries also often make themselves fictitious registration.
What is fictitious registration at the place of residence?
Houses and apartments in which many illegal immigrants are registered are most often recorded in places of maximum migration flow - these are Moscow and St. Petersburg, as well as their regions.
People who have made a fictitious registration for themselves get opportunities to commit other crimes, because they are then almost impossible to find.
That is why legislation strives to stop the existence of this phenomenon.
According to Article 322 of the Criminal Code of the Russian Federation, fictitious registration at the place of residence is that:
- a person registers in a home where he does not intend to live;
- the landlord gives documented consent to the citizen moving into the apartment without the purpose of letting him there for a stay;
- a person is registered using false data and documents submitted to the Federal Migration Service.
Fictitious registration is often determined in the case when many people are registered in a dwelling, the area of which is limited, who are not relatives and do not live there. These phenomena are detected by FMS employees during on-site inspections.
What is the criminal liability for fictitious registration?
By a court decision, an offender who has committed such an act may be forced to:
- deposit an amount from one hundred thousand to five hundred thousand rubles or in the amount of your income for three years;
- participate in unpaid socially beneficial activities and (or) stop carrying out certain activities for up to three years;
- be imprisoned for the same period.
These consequences can affect not only Russians, but also those who do not have citizenship. Fictitious registration of foreign citizens entails the same responsibility.
If the perpetrator helps in solving this offense, he will not be punished for participating in its commission.
So, fictitious registration of citizens of the Russian Federation, as well as foreigners, is considered a criminal offense.
For this act, the perpetrator may be subject to sanctions in the form of monetary sanctions, unpaid community service, or deprivation of the right to engage in certain activities.
Responsibility for fictitious registration of foreign citizens is the same as for registering Russians in housing where they will not stay as residents or for submitting incorrect information to the FMS.
Source: https://100Yuristov.com/cat/ugolovnoe-pravo/statya-105-uk-rf/
Punishment period for unintentional murder in Russia
Murder is always an outrageous and difficult event. Unfortunately, it is not always regarded as a crime. For example, killing an enemy in war is even honorable. Although, in essence, this is the same deprivation of the life of another person.
Let's leave this to the conscience of politicians. They will probably be punished sooner or later. Although, they will be judged by completely different, fairer, higher laws. The same article will talk about the criminal code, murder and what kind of responsibility is provided for this act.
What is meant by the definition of “murder”?
It would seem that everything is clear. To kill means to take someone’s life on purpose or accidentally. But everything is much more complicated not only from a moral and ethical point of view, but also from a legal point of view. Legislatively, all murders can be divided into the following types:
- Simple (there are no aggravating or mitigating circumstances);
- Qualified (there are aggravating circumstances);
- Privileged (there are extenuating circumstances).
Life has a beginning (birth) and an end (death). It is fundamentally important to determine these points in order to avoid legal errors. Murder also has
Manslaughter
Practice classifies the following as simple murders:
- In a fight or quarrel;
- Out of jealousy or revenge;
- Out of envy or cowardice;
- Out of compassion for the terminally ill.
And it provides for the term and punishment for premeditated murder under Article 105 of the Criminal Code of the Russian Federation, part one. Simple murder is usually committed in the form of an act, but sometimes the act can be committed in the form of omission.
As a clear example of a form of inaction, they usually cite the case when a mother refuses to feed her own child and this leads to his death.
The form of action involves active mental or physical impact, the result of which is death.
What article of the criminal code for the murder of a person is provided for in the case of qualified murder in the Russian Federation? Article 105 of the Criminal Code of the Russian Federation, part two, was specially developed by human rights activists to punish persons who have committed murder with aggravating circumstances. The same article is for the deliberate murder of 2 or more persons in the Russian Federation, as well as an article in the Criminal Code of the Russian Federation for murder with particular cruelty.
In general, according to the Criminal Code of the Russian Federation, the following circumstances are considered aggravating:
- The crime was committed among a group of persons;
- Involvement in murder of persons who have mental disorders, as well as individuals who have not reached the age from which criminal liability is established;
- Political, ideological or national motives or hostility and hatred towards any social group;
- To conceal another crime or facilitate it;
- Using the trust of the victim due to his official position;
- Murder of a pregnant woman;
- Murder of a minor;
- A crime committed with extreme cruelty;
- Use of weapons or explosives;
- Use of narcotic, radioactive, medicinal substances;
- Murder of two or more persons;
- Murder coupled with kidnapping;
- Murder associated with a terrorist act;
- Murder for the purpose of using the tissues and organs of the victim.
Privilege murder
Preferred murder is one that is committed under certain mitigating circumstances. Today, the legislation of the Russian Federation distinguishes the following types of murder:
- Killing of a newborn by a mother (Article 106);
- State of passion at the time of murder (Article 107);
- When exceeding the limits of defense (Article 108).
The article for murder in a state of passion carries a penalty of imprisonment for up to three years, or correctional or forced labor for up to two years. In this case, the fact of affect must be confirmed by a psychiatric examination.
Death threat
The legislation of the Russian Federation also contains Article 119 for threats to kill.
The threat, however, can take various forms: oral, electronic, written, etc. The reality of the threat still needs to be proven. It is determined based on objective and subjective criteria.
The punishment for this type of crime is determined individually, after considering all the details of the case. The term is determined by law, with up to two years of restriction of freedom.
Moreover, the same crime can be punished for up to five years if there is a political motive.
Premeditated and manslaughter
From a legal point of view, the very concept of “manslaughter” is complete nonsense. Murder, by its definition, already contains intent, that is, it is premeditated by default.
Possible unintentional death. The penalty for manslaughter by negligence is imprisonment for up to two years, provided that one person died.
Before Article 109 of the Criminal Code of the Russian Federation for unintentional murder comes into force, the prosecution will need to prove a cause-and-effect relationship between the death of a person and the actions of the accused and qualify the crime.
Other articles
So far there is no such thing in the criminal code as “an article for incitement to murder” or “an article of the Criminal Code of the Russian Federation for incitement to murder”, as well as “an article for complicity in murder”.
In the case of a crime, lawyers reduce all these concepts to one “group murder”. Both the accomplice and the instigator are then punished.
As a rule, lawyers classify an instigator as an organizer, and an accomplice as a co-executor.
There is also an article in the criminal code for killing dogs and other animals in Russia. The punishment for this type of crime is a fine or restriction of freedom for up to two years.
Source: http://ru-biss.ru/sudimost/statya_za_ubijstvo.html
105 Article of the Criminal Code of the Russian Federation
Murder is one of the most serious crimes under criminal law. Thus, Article 105 of the Criminal Code of the Russian Federation establishes responsibility for such crimes and contains an exhaustive list of signs of murder.
It must be said that thousands of murders are committed in Russia every year. Therefore, the practice of investigating these crimes and considering such cases in court is very extensive. In addition, in furtherance of the provisions of the law, the Supreme Court of the Russian Federation issued a Resolution of the Plenum. It summarized existing practice and clarified several controversial issues.
This crime provides for criminal punishment for committing murder. It is necessary to point out that murder is the intentional causing of death to another person. Based on this formulation, several main signs of murder should be highlighted:
What is fundamentally important is the presence of direct intent. That is, the guilty person understands that he is committing murder. Moreover, it must want precisely this and directly desire to cause the death of another person. Therefore, murder is significantly different from causing death by negligence. This affects the qualification of the actions of the guilty person.
For example, in case of negligence, the criminal does not want death to occur, but assumes such consequences and treats it indifferently.
For example, a person hits another person in the chest area. The blow only causes a bruise, which in no way threatens the health of the victim. However, from the said blow, the victim falls and hits the concrete curb. From the blow he receives serious injuries and dies.
Such actions will be qualified as causing death by negligence. After all, death was the consequence of hitting a curb. And the direct actions of the culprit resulted only in the presence of a bruise that did not pose a threat to health:
- death in a homicide occurs immediately after receiving bodily injuries. In this case, the wound can be caused by a knife, another object, a firearm, and so on. But regardless of this, the victim must die directly at the scene of the incident or within a short time. If, from the blows, the victim dies after a few days or even weeks, then responsibility comes under another article of the Criminal Code of the Russian Federation. For such cases, Part 4 of Art. 111 of the Criminal Code of the Russian Federation. It provides criminal penalties for causing grievous bodily harm that led to the death of the victim;
- The criminal’s motive can be anything - personal hostility, debt obligations, revenge, and so on. In any case, his actions will be classified as murder.
Thus, murder is the commission of illegal actions against another person, which results in his death. In this case, the guilty person desires death and this is precisely what becomes his goal.
Part 1
The vast majority of crimes under Art. 105 of the Criminal Code of the Russian Federation are qualified precisely according to the first part. Such criminal cases are considered by district or city judges.
Such crimes pose the greatest social danger. Therefore, Article 105 of the Criminal Code of the Russian Federation, Part 1, provides for punishment exclusively in the form of imprisonment.
Moreover, these acts are classified as particularly serious. This is determined by Art. 15 of the Criminal Code of the Russian Federation. This norm establishes categories of crimes. According to its provisions, acts for which you can receive a sentence of 10 or more years of freedom are classified as especially serious.
Sanction Art. 105 part 1 of the Criminal Code of the Russian Federation establishes punishment in the form of isolation from society for a period of 6 to 15 years. Such a large difference in punishments is due to the different circumstances in which these crimes were committed.
For example, if the deceased behaved defiantly, his actions were aggressive or offensive, then the guilty person can count on leniency. In such situations, a sentence of 8 years in prison is often imposed.
Important!!! The unlawful actions of the victim are recognized as a mitigating circumstance. But they must be established during the investigation and confirmed by the case materials. For example, testimony of eyewitnesses of what happened.
Part 2
This crime contains two parts. The first part establishes penalties for unqualified crimes. This means there are no aggravating circumstances. And Article 105 of the Criminal Code of the Russian Federation, Part 2, establishes punishment for committing murder in the presence of aggravating conditions. They should be listed in more detail:
- murder of two or more people. This means that if the death of several persons is caused, the actions of the culprit will not be assessed individually. If the event took place at the same time and in connection with similar circumstances, the crime will be qualified under Part 2 of Art. 105 of the Criminal Code of the Russian Federation. An important condition will be the intent of the person.
For example, a criminal quarrels with two neighbors while drinking alcohol together. He takes the gun and kills them both. That is, he had the sole intention of killing these persons. Therefore, his actions are not separated from each other by a significant period of time.
The murders themselves were committed due to a general conflict in which both the dead and the criminal himself are involved. If the murders were committed for different reasons and are not interconnected in any way, the crimes should be classified separately. That is, the person will have several acts under Part 1 of Art. 105 of the Criminal Code of the Russian Federation:
- in connection with the performance of official duty by the deceased. In this case, there is a motive of revenge. That is, the deceased exercised his powers and there were no violations in his actions. But the guilty person believes that he was treated unfairly. For this reason, the criminal commits murder of an official or his relatives. When proving, great attention should be paid to the presence of a relationship between the actions of the criminal and the professional activities of the deceased;
- if the murder was committed against a pregnant woman. In this case, the state of pregnancy should be obvious to the criminal due to the long period. If the offender is aware of the pregnancy and knows about it reliably, then such actions will also be qualified under Part 2 of Art. 105 of the Criminal Code of the Russian Federation;
- when the murder is committed with particular cruelty. As a rule, such crimes are committed through the use of knives, cutting or stabbing objects. But such actions can be even more cruel. For example, under Part 2 of Art. 105 of the Criminal Code of the Russian Federation will be assessed as murder by burning a person or in any other painful way. If the victim experienced severe suffering or the murder process was extended over time, this will be an aggravating circumstance;
- murder committed in a manner dangerous to others. This could be a car explosion or other actions that create a threat to others. Accordingly, criminal acts contain the potential risk of causing bodily harm to other people, damage to their property;
- murder committed for hire is also qualified under the second part. This is fair because in this case, causing the death of another person constitutes work. In addition, not only the performer himself, but also the customer is liable for the second part. His actions will also be assessed in the second part, but only as an organizer;
- Separately, it should be noted that a murder was committed in connection with the race or nationality of another person. This is an attack on the principle of equal rights of citizens. At the same time, encroachment is the most dangerous of all possible forms.
All of the above actions pose the highest public danger. This was expressed in the sanction of the second part of Art. 105 of the Criminal Code of the Russian Federation. This part provides for imprisonment for a term of 8 to 20 years.
That is, it is simply impossible to get less than 8 years. Moreover, in some cases, criminals can receive life imprisonment. This punishment is prescribed for the most dangerous and harsh methods of murder.
It must be said separately that the sanction of the second part also involves the death penalty. But this type of punishment has not actually been carried out for more than 20 years.
Part 3
It is necessary to point out that Article 105 of the Criminal Code of the Russian Federation, part 3, is missing. This article includes only two parts. Therefore, it is not possible to describe the third.
At the same time, it should be noted that in criminal law there is the concept of an unfinished crime. This means that the criminal has completed all actions to achieve his goal.
However, his goal was not achieved due to circumstances beyond his control.
For example, the guilty person struck a vital organ - the heart. However, the victim survived thanks to timely medical assistance. In this case, the person’s actions will be assessed as attempted murder. The qualification will look like this - Part 3 of Art. 30 (attempt), part 1 art. 105 of the Criminal Code of the Russian Federation (murder). This has implications for sentencing.
If the act is unfinished, the punishment for it cannot be maximum. The court will be obliged to limit itself to 34 of the most severe types of punishment. For example, the sanction of the first part of the article establishes a punishment of 15 years in prison.
Accordingly, 15 years is 180 months. So 34 is 135 months. This is a little over 11 years. Thus, for attempted murder, the guilty person cannot receive a more severe punishment than 11 years of imprisonment.
Part 4
Similarly, Article 105 of the Criminal Code of the Russian Federation, Part 4, is not included in the criminal law. This part of the article does not exist. However, attention should be paid to the presence of mitigating circumstances.
These are circumstances that directly affect the sentencing. Such circumstances must be taken into account and described by the court when passing a sentence.
They need to be considered in more detail:
- immoral or illegal behavior of the victim. His actions should provoke the culprit. It is necessary to establish the fact that without such actions, the crime would not have been committed;
- if the perpetrator has children. This is certainly a mitigating circumstance. The only exception is the deprivation of parental rights. However, the presence of children should be documented;
- serious disease. There is a list of such diseases. As a rule, these include injuries, disabilities, hepatitis, HIV, and so on.
Source: https://uhelp.pro/info/ugolovnoe-pravo/105-statya-uk-rf/
Responsibility for the murder of a person under the article of the Criminal Code of the Russian Federation
The Constitution of the Russian Federation is designed to protect the rights and freedoms of citizens. Murder of a person is the most serious crime against a person. Intentional causing of death entails extremely severe punishment according to the provisions of the Russian Criminal Code.
Before the Convention for the Protection of Human Rights came into force in 1997, an article of the Criminal Code of the Russian Federation provided for the death penalty for murder. However, it must be taken into account that the actions of a person that resulted in the death of another person often depend on the circumstances. Sometimes it happens that the actions of the criminal are unintentional.
It is important to understand what punishment in the presented situation for a person is regulated by the article of the Criminal Code of the Russian Federation for murder.
In the Criminal Code, the entire seventh section is devoted to crimes directed against the person, threatening life, physical and mental health citizens.
At the same time, several of its sections establish the degree of responsibility for taking the life of another person, depending on the qualification of the act.
What article is charged for murder, and how many years of imprisonment for murder criminals face in the Russian Federation, you can find out if you carefully study the country’s criminal legislation, delve into its fundamentals, and consult with an experienced lawyer on any questions that arise.
It is important to understand that taking the life of people is a serious crime, and the person who committed it will be considered dangerous to society, so he must be isolated from others. There are currently no alternative punishment options for murderers.
Classification of murder by article
Liability for intentionally causing death is regulated by Article 105 of the Criminal Code. It has two sections. In the first part you can find penalties for the ordinary murder of a person without additional circumstances affecting the qualification of the crime.
Such crimes are most often committed in domestic conditions, out of feelings of jealousy, out of hatred, in order to cover up the traces of another illegal action, etc. It is important to note that punishment under Article 105 occurs not only in the presence of a direct motive, prior intent and desire to deprive person of life.
Even if the criminal does not wish his victim to die, but understands the consequences of his actions and does not make any attempts to correct the situation and prevent death, he will also face criminal liability.
The second part of Article 105 of the Criminal Code of the Russian Federation deals with cases of murder burdened with aggravating circumstances, namely:
- deprivation of life of several persons;
- causing death to officials in the performance of official duty;
- murder of minors;
- murder aggravated by kidnapping;
- deprivation of life, characterized by particularly cruel methods of murder;
- causing the death of a pregnant woman;
- killing for organs;
- committing a crime using means that pose a threat to others;
- premeditated murder carried out by a group of persons by prior conspiracy.
The term of imprisonment of the offender will depend on the exact method in which the attack on the life, safety and health of the individual was committed. Deprivation of liberty can only be ordered by a court.
During the trial, the prosecution and defense must present all facts, evidence and testimony available in the case.
Based on the information received, the court will be able to make a fair and informed decision.
What would be an attempt or threat of murder?
The article for murder provides for punishment for citizens in the form of imprisonment for a term of 6 to 15 years. If we consider a crime that falls under the second part of Article 105 of the Criminal Code of the Russian Federation, then the term of imprisonment can be increased to 20 years.
It is important to note that men are assigned a strict regime for serving their sentences. Women end up in general regime prisons. Even for exemplary behavior, those convicted of deprivation of life do not have the right to apply for full release under an amnesty.
The investigation of such a crime always requires highly qualified investigative agencies, as well as time. Sometimes the culprit of a crime is searched for years.
Research and examination conducted by professionals are of great importance. Specialists study the body of the victim, evidence, the murder weapon, the mental state of the defendant, etc.
The expert opinion has great importance for the final judicial verdict.
The statute of limitations for such a crime is limited to 15 years. The law prohibits the use of a simplified procedure for considering a case in court proceedings without involving all the witnesses in the case.
Today there is no possibility to terminate the proceedings on the basis of reconciliation of the parties or reaching a compromise between the prosecution and defense.
The accused must always be present at the court hearing.
Quite often, Russians are interested in what legislative norms will apply to a criminal who did not take the life of the victim, but only encroached on his health and safety? In the presented circumstances, Article 105 for murder, provided for by the Criminal Code of the Russian Federation, will apply, but the punishment will be milder, since the victim remained alive.
List of mitigating circumstances
Premeditated murder does not always carry the strictest punishment. The term of imprisonment may be reduced if the crime was committed under mitigating circumstances.
So, when a mother takes the life of a newborn child, she faces 2-4 years in prison.
This loyalty is due to the fact that immediately after giving birth, a woman is in a state of stress and does not always control her own behavior and give an account of her actions.
Another mitigating measure when choosing the method and term of punishment for the murder of another person can include a situation where the deprivation of life is carried out during arrest.
A law enforcement officer will not be convicted if it can be proven that during the arrest the criminal behaved aggressively and threatened the safety of others.
Also, special circumstances that can influence the verdict of the court considering the case include a state of passion and murder in self-defense.
Responsibility for exceeding self-defense
Murder in excess of permissible self-defense measures will be a factor that can influence the court decision and reduce the sentence if the countermeasure was chosen objectively, and according to the degree of the existing threat. Liability for murder in self-defense is established by Article 108 of the Criminal Code.
As a punishment for the crime committed, individuals will face a 2-year prison term. Alternative measures may also be used - correctional or community service for a period of 5 years. But in order to receive the most lenient punishment for murder, it is necessary to have a substantial evidence base and enlist the support of a qualified criminal lawyer.
Murder in the heat of passion
Citizens often try to reduce the term of imprisonment by presenting evidence at trial that the murder was committed in a state of passion. However, one statement is not enough.
Forensic experts must conduct a series of studies and prove that the citizen could not control his actions.
A state of affect is a form of psychological state associated with emotional unrest, stress and external pressure, which can manifest itself suddenly under the influence of certain factors.
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Article 105. Murder
1. Murder, that is, intentionally causing the death of another person, is punishable by imprisonment for a term of six to fifteen years.
2. Murder:
a) two or more persons;
b) a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;
c) a person who is known to the perpetrator to be in a helpless state, as well as associated with the kidnapping of a person or the taking of a hostage;
d) a woman who is known to be pregnant by the perpetrator;
e) committed with particular cruelty;
f) committed in a generally dangerous manner;
g) committed by a group of persons, a group of persons by prior conspiracy or an organized group;
h) for mercenary reasons or for hire, as well as associated with robbery, extortion or banditry;
i) for hooligan reasons;
j) with the aim of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature;
k) based on national, racial, religious hatred or enmity or blood feud;
l) for the purpose of using the victim’s organs or tissues;
m) committed repeatedly,
- is punishable by imprisonment for a term of eight to twenty years, or the death penalty or life imprisonment.
Comm. S.V. Borodin
Murder is the deliberate causing of death to another person, one of the most serious crimes considered in the Criminal Code of the Russian Federation.
It is difficult to find a more terrible crime and this is not surprising, because what could be more serious than taking another person’s life. But in practice everything is not so simple.
This is due to the fact that the types of murder, as well as its circumstances, are very different. The concept of this crime is fully disclosed in Article 105 of the Criminal Code of the Russian Federation: murder.
Due to the large number of circumstances under which a crime can be committed, a completely logical question arises about what punishment is given for the intentional murder of a person.
The punishment depends entirely on how the crime was committed: with intent or negligence. One way or another, it is worth understanding that every person has the right to life, it is enshrined in the Constitution of the Russian Federation.
The Criminal Code of the Russian Federation not only provides a definition, but also considers the murder of a person with possible aggravating circumstances.
The following information can be found in Article 105:
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Thus, the sentence given for killing another person is always very long. In this case, neither fines, nor correctional labor, nor any other penalties are applied.
Article 105 of the Criminal Code of the Russian Federation gives clear boundaries to the crime described and not every case involving murder falls under it.
The statute of limitations for murder in the Russian Federation is provided for in Article 78 of the Criminal Code of the Russian Federation. It states that a criminal case can be closed due to statute of limitations after 2, 6, 10 or 15 years.
The statute of limitations directly depends on the category of crime committed. The maximum sentence is 15 years, which applies to particularly serious crimes.
In this case, liability may arise even after the expiration of the statute of limitations, if the court recognizes the crime as particularly dangerous to society and does not see the point in limiting criminal prosecution.
The same situation applies to crimes for which life imprisonment or the death penalty are provided.
The statute of limitations applicable to murder depends on the circumstances of the crime and the presence of mitigating or aggravating factors.
The criteria for the crime are set out in Article 145 of the Criminal Code of the Russian Federation. According to the severity of the crime, they are divided into:
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The calculation of the limitation period begins exactly at 00:00 o'clock in the afternoon, following the day the crime was committed, ends at the moment the court pronounces a sentence or it enters into legal force.
Each type of crime has its own statute of limitations.. If a crime is committed for which life imprisonment or the death penalty is imposed, then the statute of limitations may be canceled by a court decision.
In this case we're talking about about acts that pose an increased danger to society.
In accordance with the first part of Article 105 of the Criminal Code of the Russian Federation, responsibility for murder implies imprisonment for a term of 6 to 15 years.
Within the second part - imprisonment for 8-10 years, life imprisonment or the death penalty.
Any murders are classified as especially serious crimes, the punishment for them is from 15 to 20 years, regardless of the presence or absence of mitigating features.
Murder with aggravating circumstances carries the possibility of life imprisonment. Therefore, the court may completely cancel the statute of limitations.
An aggravated criminal offense may not have a statute of limitations. Criminal liability can last forever if the relatives of the deceased file an appeal to the court regarding the application of the statute of limitations.
The 15-year statute of limitations may be waived for any premeditated murder.
If the death occurred as a result of the careless actions of the perpetrator, which he did not want to happen, then the actions will be qualified as murder by negligence, the term for it will be 2 years of imprisonment, correctional labor, restriction of freedom or forced labor.
In this case, the person did not foresee, but had to determine the occurrence of such consequences as a result of his actions. And also, if it was foreseen that this would not happen or expected to avoid such an action.
In most cases, murder by negligence is committed on domestic grounds by citizens who drink alcohol and lead an antisocial lifestyle.
The legislation distinguishes separately two qualifications of this crime. Causing death by negligence due to improper performance by the perpetrator of his duties.
There are three separate alternative penalties for committing such an act:
- Restriction of freedom up to three years.
- Forced labor and deprivation of the opportunity to engage in certain activities for the same period or without it.
- Imprisonment for a term of up to three years, with the impossibility of holding a certain position and engaging in certain work, as a result of improper execution of which death occurred due to negligence or without it.
If the death of two or more persons is caused as a result of negligence, the perpetrator will suffer one of these punishments for up to 4 years.
It could be:
- Restriction of freedom.
- Forced labor.
- Prison imprisonment and a ban on engaging in certain activities. It is also prohibited to hold a specific position or without it.
When considering the questions of how long one is imprisoned for committing murder and other issues related to such a crime, it is important to take into account aggravating and mitigating circumstances.
Correct differentiation will make it possible to apply punishment to the culprit, which corresponds to the nature of the gravity and degree of public danger of the crime.
Affect is an extremely strong emotional state with rapid onset and pronounced course.. This condition in most cases occurs suddenly and lasts several minutes.
This condition is characterized by suppression of the ability to think and imagine. The state of passion can manifest itself in loud screams and random, incomprehensible speech.
When committing a murder, a forensic psychiatric examination is involved in determining the presence or absence of a state of passion in the criminal.
Evidence of such a state in the defendant at the time of the murder may include:
- disorientation in time;
- changes in consciousness and perception of colors or shapes;
- incoherent speech;
- apathy and lack of emotions after committing a murder.
If there is insufficient evidence of the presence of passion when committing a murder, then this is not a reason for making the wrong decision.
In this case, you can file a petition for a re-examination.
You should figure out how much they give for committing murder in a state of passion:
- The murder of one person is punishable by restriction or imprisonment for up to 3 years.
- For the murder of two or more persons, imprisonment for a term of up to 5 years.
Affect refers to mitigating circumstances that affect the reduction of the term.
In 2020, the Criminal Code of the Russian Federation strives to get closer to general global standards.
Therefore, the wording “intentional” and “unintentional” murder is absent in modern criminal law. Now murder is interpreted as intentionally causing death.
When it comes to murder, we always mean intent, direct or indirect:
- In the first case, the criminal knows for sure that his victim will die if external circumstances do not interfere.
- In the second case, the killer does not exclude the possibility that the victim may die as a result of his actions.
Many factors can influence judges when making a decision, so it is difficult to predict the final outcome.
A privileged crime, depending on the sanity of the article, can result in a restriction of freedom for the offender for up to 2-4 years or imprisonment for a maximum of five years.
Unlike premeditated murder, unintentional death lacks motive and intent.
Depending on the specific situation that resulted in death, the punishment may be as follows:
- Assignment of correctional labor for a period of 2 years.
- Imprisonment or restriction of freedom for 2 years.
- Imprisonment and restriction of liberty for 5 years in case of unintentional murder due to negligence of two or more persons.
Thus, murder is the most serious crime. The types of murder, as well as the circumstances that provoked it, are very different.
The concept of this crime is disclosed in Article 105 of the Criminal Code of the Russian Federation. The punishment also depends on how the crime was committed.
The maximum term of imprisonment can be awarded for premeditated murder.