Article 105 of the Criminal Code of the Russian Federation punishment. P

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1. Murder, that is, deliberate infliction of death on another person, is punishable by deprivation of liberty for a term of six to fifteen years, with or without restraint of liberty 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 obviously in a helpless state for the perpetrator, as well as associated with the kidnapping of a person; d) a woman known to the perpetrator to be in a state of pregnancy; e) committed with special cruelty; f) committed in a generally dangerous way; f.1) on the basis of blood feud; g) committed by a group of persons, a group of persons by prior agreement or an organized group; h) for mercenary motives or for hire, as well as associated with robbery, extortion or banditry; i) out of hooligan motives; j) for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature; k) based on political, ideological, racial, national or religious hatred or hostility, or based on hatred or hostility towards any social group; l) for the purpose of using the organs or tissues of the victim, - m) has become invalid, shall be punished by imprisonment for a term of eight to twenty years, with restriction of liberty 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

Pavel Gorodovikov

please give judicial practice in a criminal case under paragraph "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

Lawyer's response:
Resolution of the Plenum of the Supreme Court of the Russian Federation of January 27, 1999 N 1 (as amended on December 3, 2009) "On judicial practice on cases of murder (Art. 105 of the Criminal Code of the Russian Federation) "V. A. DAVYDOV PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION RESOLUTION of January 27, 1999 N 1 ON JUDICIAL PRACTICE IN CASES OF MURDER (Art. 105 of the Criminal Code of the Russian Federation)<*>

Viktor Malyuk

Highlight the hypothesis, disposition, sanction of Art. 105 of the Criminal Code of the Russian Federation

why do we need this? Can you change faculty?

Alexander Basenkov

What is the statute of limitations for attempted murder, Part 3, Art. 30, par. 2, art. 105 of the Criminal Code of the Russian Federation?

Lawyer's response:
When applying the statute of limitations for criminal liability for a crime, it does not matter whether it is brought to an end, that is, for an attempt, the period is the same as for a completed murder. Considering that the crime under Part 2 of Art. 105 of the Criminal Code of the Russian Federation - especially grave, the statute of limitations is 15 years (for persons who committed an act at a minor age, it is reduced by half, that is, 7.5 years). In accordance with Part. 4.Article. 78 of the Criminal Code of the Russian Federation, the issue of applying 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 said person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment shall not be applied.

Pavel Dudarev

V. was accused of committing a crime under Part 2 of Art. 105 of the Criminal Code of the Russian Federation, within the jurisdiction of the regional court. Upon acquaintance. . V. was accused of committing a crime under Part 2 of Art. 105 of the Criminal Code of the Russian Federation, within the jurisdiction of the regional court. When familiarizing himself with 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 reading all the materials of the case, he would 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? How many judges hear criminal and civil cases in the district court? How many judges will hear cases in the magistrates' courts?

Judge alone. Here and there.

Evgeniy Sanjeev

Why there is no amstia under Article 105 of the Criminal Code of the Russian Federation

Murderers are not pardoned.

Mikhail Padyshev

Is it possible a suspended sentence under Part 1 of Art. 30 of the Criminal Code of the Russian Federation + paragraph s h. 2 Art. 105 of the Criminal Code of the Russian Federation (attempted murder for hire). 1 st. 30 of the Criminal Code of the Russian Federation + paragraph "h" 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!

8 years of real term!

Julia 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 subsection. "a" h. 2 Article. 105 of the Criminal Code of the Russian Federation, the prosecutor in court demanded a guilty verdict, referring to the materials of the preliminary investigation, which, in his opinion, completely expose Kopnin in the murder of Mikhailova and Sorokin. According to the prosecutor, Kopnin's refusal from his testimony given during the preliminary investigation, in which he pleaded guilty, should not be taken into account by the court, since an innocent person will not slander himself. Give a legal assessment of the prosecutor's position.

Lawyer's response:
the refusal of the accused from his testimony must be taken into account in any case, but will not be included in the verdict if the evidence given for the investigation meets the requirements of the Code of Criminal Procedure of the Russian Federation and is confirmed by the materials of the case. There are many reasons for a slander (the desire to shield another person, threats to life, etc.). State prosecutor's assessment - he is an IDIOT, legal assessment - he is wrong))

Victoria Vasilyeva

The N-sky regional court considered 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 subdivision) can a guilty verdict that has not entered into legal force be appealed? In which structural division of the regional court was this case considered at first instance?

See Code of Criminal Procedure

Zhanna Novikova

Is it possible to be responsible for the murder in the form of inaction, Part 1, Art. 105 of the Criminal Code? If so, give examples. Leaving at risk is another article. The question is precisely whether liability under Part 1 of Art. 105 of the Criminal Code if the objective side was expressed in the form of inaction.

Lawyer's response:
And how do you like the silence of a specialist explosives about the presence of a real explosive device under the feet of the victim? 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 take the life of the victim (well, and subsequently - the death of the victim, as consequences)? As regards the delimitation of Art. 125 and Art. 105 of the Criminal Code of the Russian Federation (or 30 hours 3, 105), what do you think about the following? "The composition of the crime under Article 125 of the Criminal Code does not cover the infliction of harm to the victim (including death). If harm occurs, then, as a rule, the guilt of the person is characterized by negligence, and the deed is qualified in aggregate (Article 125 and Art. 109 of the Criminal Code, etc.) If there are the above objective signs of INACTION and INTENTION to deprive the victim of LIFE, there is every reason to qualify such behavior of the perpetrator as murder. real opportunity save a child huddled in a corner, not yet engulfed in flames, instead of helping for some time, he watches how the fire approaches and engulfs the victim, then his inaction, of course, must be regarded as murder (Article 105 of the Criminal Code of the Russian Federation). It is also necessary to qualify the behavior of a doctor who, in the presence of a real opportunity to bandage a heavily bleeding wound of the victim, continues to observe how the latter bleeds 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 the group of climbers, when instead of helping the victim who stumbled and hanging over the abyss, he, being nearby and having a real opportunity to save him, will begin to count the time, how much he can hang. "

Ivan Mosyakov

Murder under Part 1 of Art. 105 of the Criminal Code of the Russian Federation is called. 1 st. 105 of the Criminal Code of the Russian Federation is called

"manslaughter

Boris Bronskikh

please give judicial practice in a criminal case under paragraph "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. p. "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

Look in the "consultant"

Ekaterina Gerasimova

Lawyer's response:
No, it was not. Recent changes in Part 1 of Art. 105 of the Criminal Code of the Russian Federation were in red. Federal Law of December 27, 2009 N 377-FZ, in terms of punishment in the form of restriction of freedom. There were no further changes or amendments. See below 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 amended law (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" topic and punishment, changes were made in terms of the fact that the lower limit of punishment in the form of imprisonment was removed. And on the murder they left everything the same. Article 105. Murder 1. Murder, that is, deliberate infliction of death on another person, is punishable by deprivation of liberty for a term of six to fifteen years, with or without restraint of liberty for a term of up to two years. (As amended by Federal Law No. 377-FZ of December 27, 2009)

Marina Konovalova

Criminal case on Kozhin's charge of committing a crime under Part 1 of Art. 105 of the Criminal Code of the Russian Federation, received by the court. 1 st. 105 of the Criminal Code of the Russian Federation, received in judicial sector No. 25 in Moscow. The justice of the peace delivered a guilty verdict. Were the rules of jurisdiction of criminal cases violated?

Justices of the peace have jurisdiction over crimes for which the maximum sentence does not exceed 3 years in prison. The punishment under Part 1 of Art. 105 of the Criminal Code of the Russian Federation provides for from 6 to 15 years in prison

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

Lawyer's response:
Addition to the above: An attack on a random (exactly!) Chela with a mercenary or fulugan purpose, but during the attack there were actions (push, beatings). As a result of actions (injury from a fall, beatings) - death occurred. Deliberate actions against a completely unfamiliar bystander as a result of which death occurred. Precisely - random, unfamiliar.

Inna Kiseleva

amendments under Art.105.ch2.of the Criminal Code of the Russian Federation. Were there any amendments under Article 105.ch2.of the Russian Federation Code in the nearest future?

Lawyer's response:
According to the article itself, in terms of changing the terms of imprisonment, there were no amendments. It was relatively recent that separate qualifying features were added in 2007 and 2009, respectively, in part 2 of the article. Well, Federal Law No. 377 of December 2009 introduced into this article, and into a number of other articles, the possibility of imposing not only the main punishment in the form of deprivation of liberty, but also an additional one, in the form of restriction of liberty. We can say that there was a deterioration, because they can now impose a sentence of 20 years in prison with restriction of freedom up to 2 years. And on the other hand, this can also be an improvement when, instead of 10 years of deprivation, a punishment of 8 deprivation and 2 years of restriction of liberty is imposed. This is what it was for recent years 3.

Tamara Mikhailova

for a crime under Article 105 of the Criminal Code of the Russian Federation there is no statute of limitations???. that is, you can run all your life, they will still bring you to the well-deserved responsibility, even if you are caught at the age of 90 ???)))))

Lawyer's response:
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] small weight; b) six years after the commission of a crime of average gravity; c) ten years after the commission of a grave crime; d) fifteen years after the commission of a particularly grave crime. 2. The statute of limitations is calculated from the day the crime was committed and until the moment 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 limitation period shall be suspended if the person who committed the crime evades investigation or trial. In this case, the statute of limitations resumes from the moment of detention of the said person or his surrender. 4. The issue of application of limitation periods to a person who has committed a crime punishable by death or life imprisonment shall be decided by the court. If the court does not consider it possible to release the said person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment shall not be applied. 5. Persons who have committed crimes against the peace and security of mankind, provided for in Articles 353, 356, 357 and 358 of this Code, are not subject to limitation periods.

Valentin Trush

What is an attempt? What is ATTEMPT to kill two or more persons? There is also Art. 105 part 2 of the Criminal Code of the Russian Federation, but what is an attempt? like "mini underkill"?

Lawyer's response:
Many questions regarding the murder are answered in the Decree of the Plenum of the RF Armed Forces dated January 27, 1999 N 1 "On Judicial Practice in Cases of Murder". On your question, see paragraphs 2 and 5: 2) If a murder can be committed both with direct and indirect intent, then an attempted murder is possible only with direct intent, that is, when the deed testified that the perpetrator was aware public danger of his actions (inaction), foresaw the possibility or inevitability of the death of another person and wished for its occurrence, but death did not occur due to circumstances beyond his control (due to the active resistance of the victim, the intervention of other persons, the timely provision of medical assistance to the victim, etc.). 5) In accordance with the provisions of Part 1 of Art. 17 of the Criminal Code of the Russian Federation, the murder of two or more persons, committed simultaneously or at different times, 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 paragraphs of part 2 of this article, provided that the perpetrator has not been previously convicted of any of these murders. The murder of one person and the attempted murder of another cannot be regarded as a completed crime - the murder of two persons. In such cases, regardless of the sequence of criminal acts, the deed should be qualified under Part 1 or Part 2 of Art. 105 and according to part 3 of Art. 30 and p. "a" part 2 of Art. 105 of the Criminal Code of the Russian Federation. That is, there may be two options for the attempted murder of two persons: 1) I wanted to kill two, I did everything I planned (shot, cut, etc.), but the death of both did not occur due to circumstances beyond the control of the person. 2) I wanted to kill two, I did everything I planned (shot, cut, etc.), but the death of one occurred, and the second did not exist due to circumstances beyond the control of the person. 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 he could 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 signs from Part 2 of Article 105 of the Criminal Code of the Russian Federation).

Victoria Nikiforova

Does Art 62 apply to Art 105 part 2 of the Criminal Code of the Russian Federation

Lawyer's response:
This is given to us by the answer of Parts 3 and 4 of Art. 62 of the Criminal Code of the Russian Federation (as amended by the Federal Law of June 29, 2009 N 141-FZ) . 3. The provisions of the first part of this article shall not apply if the relevant 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 limits of the sanction of the relevant article of the Special Part of this Code. 4. If a pre-trial agreement on cooperation is concluded, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment shall not be applied. At the same time, the term or amount of punishment may not exceed two thirds of the maximum term or amount of the most severe type of punishment in the form of deprivation of liberty, 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 UK 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 the fact 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 have committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court passes 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 categories of citizens listed above (women, etc.) under Part 2 of Art. 105 of the Criminal Code of the Russian Federation. And therefore, in relation to these categories of citizens, Art. 62 of the Criminal Code of the Russian Federation. From personal practice - my client (woman) under Art. 105 h. 2 Irkutsk Regional Court applied Art. 62 of the Criminal Code of the Russian Federation (in connection with the active contribution to the disclosure of a crime, a full admission of guilt).

Egor Charodeev

what job will they take me if I have an entry in the workbook * Dismissed under article 105 of the Criminal Code of the Russian Federation (murder of the general director) * ??

And you him with special cynicism, I hope? Everything! Hiring you! Mine also needs it)))

Lydia Fedotova

Help me please! Tell me who knows what is the difference between genocide and paragraph a, part 2 of article 105 of the Criminal Code of the Russian Federation

Lawyer's response:
It's elementary, Watson... The difference is as follows: under the 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) killing 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 designed for full or partial physical destruction her; d) measures designed to prevent childbearing 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 p. and h. 2 Art. 105 of the Criminal Code of the Russian Federation does not contain such criteria, and the victims may be of different races, nationalities and social status ....

Georgy Gorodnichenkov

what is the threat for this? The citizen served 8 years for beating his wife, returned and shot his ex-wife and her new husband.

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.

- Lawyer's response:
  DO NOT LOOK! There were no changes in April or May.... and generally in 2009. You were told nonsense. The latest changes to Art. 105 of the Criminal Code of the Russian Federation were introduced by the Federal Law of December 30, 2008 No. 321-FZ "On Amendments to Certain Legislative Acts Russian Federation on countering terrorism" (Adopted by the State Duma on December 12, 2008, Approved by the Federation Council on December 17, 2008)

Olga Belyaeva

what threatens this? late in the evening, he was returning from a party, someone shouted from behind and asked for a smoke and reached into his pocket, as it turned out later for cigarettes, thought it was an attack, took out a knife and killed him ... this is an excess of self-defense or causing death by carelessness or .. .?

Your imbalance of mental health has cost a man his life. There are no mitigating circumstances here, so the responsibility is full. as ED wrote - part 1 of Art. 105 of the Criminal Code of the Russian Federation - from 6 to 15 years in prison. In your situation, most likely all 15

Victoria Sidorova

Article 105, part 2 - Criminal Code. Tell me, please

Open, don't be lazy, part 2 of Art. 105 of the Criminal Code of the Russian Federation

Vladimir Rezvov

Qualifying signs of murder

Lawyer's response:
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 the object (more precisely, by the identity of the victim) - paragraphs. "a" - "d" part 2 of Art. 105 of the Criminal Code; - on the objective side (method) - paragraphs. "d" - "g" part 2 of Art. 105 of the Criminal Code; - on the subjective side (motive and purpose) - paragraphs. "z" - "m" part 2 of Art. 105 of the Criminal Code of the Russian Federation. The sign that characterized the subject of the crime (paragraph "n" - committing murder repeatedly) is excluded from Part 2 of Art. 105 of the Criminal Code. To recognize a murder as qualified, it is sufficient that the perpetrator's act contains at least one aggravating circumstance (out of the 21 provided). The presence of two or more qualifying signs requires the qualification of murder under Part 2 of Art. 105 of the Criminal Code with an indication of each of them ("a set of points"). This rule, no doubt, 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 combination of circumstances characterizing the subjective side of the 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 such a possibility, rightly believing that the signs of a qualified murder that characterize various motives and goals of the crime cannot be combined in the aggregate. Despite the fact that in real life a combination (competition) of the motives of criminal behavior is possible; when qualifying a murder, motives should be distinguished: the main (prevailing, 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 purpose, and the actions taken. Regarding the types of intent when characterizing the motive and purpose of a qualified murder, there is no consensus in the legal literature. 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 composition of the crime, is compatible only with direct intent, therefore murder for mercenary motives, murder with the aim of hiding the crime or facilitating 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 between “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 also be expressed in indifference (its conscious assumption). It seems that for a crime with a material composition, 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 severely beats the testator in order to draw up a will (a contract of gift, exchange, other document confirming property rights, etc.) in the name of the guilty person, being indifferent to the consequence in the form of death, consciously allowing it. In the event of the death of the testator, the actions of the perpetrator should be qualified as a murder committed out of mercenary motives, 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 its onset, performs the operation carelessly, hastily "patching" the surgical sutures. There is an indirect intent in relation to death, although there is a specific goal - to use the body of the victim. 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.

Murder is the deliberate infliction of death on another person, one of the most serious crimes, which is 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 can be more serious than depriving another person of 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 as to what punishment is given for the deliberate murder of a person.

The measure of 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 provides not only a definition, but also considers the murder of a person with possible aggravating circumstances.

Article 105 contains the following information:

Thus, the term that is given for the murder of another person is always very long. At the same time, 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 described crime and not every case related to the murder falls under it.

The statute of limitations for murder in the Russian Federation is provided for by Article 78 of the Criminal Code of the Russian Federation. It states that a criminal case can be closed due to prescription after 2, 6, 10 or 15 years.

The statute of limitations depends on the type of crime committed. The maximum term is 15 years, it is used in particularly serious crimes.

In this case, liability may also arise after the expiration of the statute of limitations, if the court recognizes the crime as especially dangerous for society and does not see the point in limiting criminal prosecution.

The same situation is with crimes for which life imprisonment or the death penalty are provided.

The statute of limitations applied to murders depends on the circumstances of this crime, the presence of mitigating or aggravating factors.

The criteria for a 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:

The statute of limitations starts exactly at 00:00 p.m. following the day of the commission of the crime, ends at the moment the verdict is passed by the court or its entry into 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 are talking 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, liability for murder involves imprisonment for a term of 6 to 15 years.

Under 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 signs.

Aggravated murders carry the possibility of life imprisonment. Therefore, the court can 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 filed an appeal with the court about the application of the statute of limitations.

For any intentional murder, the statute of limitations of 15 years can be waived.

If the death occurred as a result of the negligent actions of the perpetrator, who did not want this to happen, then the actions will be qualified as negligent homicide, the term for it will be 2 years in prison, correctional labor, restriction of liberty or forced labor.

In this case, the person did not foresee, but should have determined 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, negligent homicide 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 the improper performance of the perpetrator of his duties.

There are three separate alternative penalties for 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 up to three years, with the inability to hold a certain position and engage in certain work, as a result of the improper performance of which death occurred due to negligence or without it.

If death is caused to two or more persons as a result of negligence, then the perpetrator will incur one of these penalties for a term of up to 4 years.

It could be:

Restriction of freedom.
Forced labor.
Terem imprisonment and a ban on certain activities. It is also forbidden to hold a specific position or without it.

When considering questions of how much they put in jail for committing a murder and other issues related to such a crime, it is important to take into account aggravating and mitigating circumstances.

The correct distinction will allow to apply punishment to the culprit, which corresponds to the nature of the severity and degree of social danger of the crime.

Affect is an extremely strong emotional state with a rapid onset and a pronounced course.. This condition in most cases occurs suddenly and lasts for several minutes.

Such a state is characterized by the suppression of the ability to think and represent. The state of affect can manifest itself in loud screams and incoherent incomprehensible speech.

When a murder is committed, a forensic psychiatric examination is engaged in determining the presence or absence of a state of passion in a criminal.

Evidence of a similar state of the defendant at the time of the murder may be:

disorientation in time;
change in consciousness and perception of colors or shapes;
incoherent speech;
apathy and lack of emotion after committing a murder.

If there is an insufficiency of the facts of the presence of passion in the commission of a murder, then this is not a reason for making the wrong decision.

In this case, you can apply for a re-examination.

You should figure out how much they give for committing a murder in a state of passion:

For the murder of one person is punished by restriction or imprisonment for up to 3 years.
For the murder of two or more persons imprisoned for up to 5 years.

Affect refers to extenuating circumstances that affect the reduction of the term.

In 2020, the Criminal Code of the Russian Federation strives to get closer to the general world norms.

Therefore, the wording "deliberate" and "unintentional" murder is absent in the modern criminal law. Now murder is interpreted as the intentional infliction of death.

When we talk about murder, we always mean intent, direct or indirect:

In the first case, the perpetrator knows for sure that his victim will die if external circumstances do not interfere.
In the second case, the killer does not exclude that as a result of his actions the victim may die.

Judges can be influenced by many factors when making a decision, making it difficult to predict the final outcome.

The privileged corpus delicti, depending on the sanity of the article, can result in a criminal with a restriction of freedom of up to 2-4 years or imprisonment for a maximum of five years.

Unlike intentional murder, there is no motive or intent in unintentional infliction of death.

Depending on the specific situation that led to the death, the punishment may be as follows:

Appointment of correctional labor for a period of 2 years.
Imprisonment or restriction of freedom for 2 years.
Imprisonment and restriction of freedom for 5 years in case of unintentional murder through 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.

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 liable: from 6 years in prison to life imprisonment or the death penalty.

The case related to the death of a person is one of the most difficult for investigation and trial.

The term of punishment 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 deed, his condition, etc.

Types of killings

Such actions are divided into several types:

ordinary murder (due to revenge, as a result of a fight);
especially heavy;
unintentional, or in a state of psychological breakdown.

Depending on what kind of crime it is, the measure of influence is determined. Ordinary murder refers to 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.

An especially serious murder is punishable under article 105 part 2 of the Criminal Code of the Russian Federation - from 8 years to life imprisonment or the death penalty.

Causing death to 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 restriction. Measures of influence for such a murder are considered in article 105 of the Criminal Code of the Russian Federation, part 3.

What influences sentencing?

Aggravating and mitigating circumstances are taken into account when sentencing.

Aggravating circumstances:

drunken state of the killer;
preliminary collusion;
planned action;
resistance to arrest;
damage to government officials.

Extenuating circumstances:

affective state;
insanity;
remorse or sincere confession;
causing death unintentionally;
assistance to the investigation;
minority.

In cases where a person reveals a willingness to accept punishment, or caused death, protecting his health and life, or in the performance of his duties, the punishment is also mitigated.

Extraordinary murder

These include deprivation of life:

two or more people;
a pregnant woman, if this fact was known to the killer;
children or helpless;
from blood feud;
with the intent to cover up another violation of the law;
from selfish motives (and also associated with banditry, hooliganism or robbery);
for hire;
from prejudice based on religious, racial or political enmity;
with particular 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 responsibility, which is determined on the basis of its variety.

However, each crime involving the deprivation of a person's life is individual, therefore it is impossible to know in advance the exact punishment that threatens the perpetrator.

When considering a murder case, many nuances (motives, goals, method, etc.) are taken into account, which 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 is a danger to society. Fictitious registration has become a way of additional income for homeowners.

Owners register outsiders for money, and are not going to provide them with their apartment or house for actual residence. Not always such housing is suitable for the life of even one person. The homeowner can discharge an illegal immigrant at any time, so this position is most convenient for him.

Fictitious registration is considered a criminal offense in Russian law. 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 labor activities.

Russian citizens who come to certain regions in search of higher wages also often make themselves a fictitious registration.

What is a fictitious residence registration?

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 then they are almost impossible to find.

That is why legislation seeks to end 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 is registered in a dwelling where he does not intend to live;
the landlord gives documentary consent to move the citizen into the apartment without the purpose of letting him stay there;
a person is registered on the basis of false data and documents that are submitted to the Federal Migration Service.

Fictitious registration is often defined in the case when a dwelling, the area of which is limited, is registered by many people 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 decision of the court, the offender who 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 their income within three years;
participate in unpaid socially useful events and (or) stop carrying out certain activities for up to three years;
to be imprisoned for the same term.

These consequences can overtake not only Russians, but also those who do not have citizenship. Fictitious registration foreign citizens carries the same responsibility.

In the event that the perpetrator helps in the disclosure of this offense, then 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 subjected to measures of influence in the form of monetary sanctions, unpaid community service, deprivation of the right to engage in certain activities.

Responsibility for fictitious registration of foreign citizens is the same as for the registration of 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/

Term of punishment for unintentional murder in Russia

Murder is always an outrageous painful event. Unfortunately, it is not always regarded as a crime. For example, to kill an enemy in a war is even an honor. Although, in fact, this is the same deprivation of the life of another person.

Let's leave it on the conscience of politicians. They will surely be punished sooner or later. Although, they will be judged by completely different, more just, higher laws. The same article will discuss the criminal code, murder and what responsibility is provided for this act.

What is meant by the term "murder"?

It would seem that everything is clear. To kill is to deliberately or accidentally take someone's life. 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 (no aggravating or extenuating circumstances);
Qualified (there are aggravating circumstances);
Privileged (there are extenuating circumstances).

At the same time, life has a moment of beginning (birth) and a moment of end (death). It is fundamentally important, in order to avoid legal errors, to determine these points. Murder also has

Manslaughter

The practice of simple murders includes the following:

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 a term and punishment for premeditated murder under Article 105 of the Criminal Code of the Russian Federation, part one. A simple murder is usually carried out in the form of an action, but sometimes this act can be committed in the form of inaction.

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 implies an 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 a 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 committed murder with aggravating circumstances. The same article 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 special cruelty.

In general, according to the Criminal Code of the Russian Federation, the following circumstances are recognized as aggravating:

The crime is committed among a group of persons;
Involvement in the 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 enmity and hatred towards any social group;
To cover up 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 special 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.

Privileged Kill

A privileged murder is one that is committed under certain extenuating circumstances. Today, the legislation of the Russian Federation distinguishes the following types of murder:

The murder of a newborn by a mother (art. 106);
The state of passion at the time of the murder (Article 107);
When exceeding the limits of defense (Article 108).

The article for murder in the heat of passion provides for punishment by imprisonment for up to three years, or by corrective or forced labor for up to two years. In this case, the fact of affect must be confirmed by a psychiatric examination.

Threat to kill

The legislation of the Russian Federation also contains Article 119 for the threat of murder.

The threat, however, may different shape: oral, electronic, written, etc. The reality of the threat has yet 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 determined by law, with up to two years of restriction of freedom.

At the same time, the same crime can be punished for up to five years, if there is a political background.

Premeditated and manslaughter

From a legal point of view, the very concept of "manslaughter" is complete nonsense. Murder, by definition, already contains intent, that is, it is premeditated by default.

Possible unintentional death. Punishment for negligent homicide includes 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 causal relationship between the death of a person and the actions of the accused and qualify the deed.

105 Article of the Criminal Code of the Russian Federation

Murder is one of the most serious crimes under the 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.

I must say 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 the development 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 contentious issues.

The specified structure of a crime provides criminal punishment for commission of murder. It must be pointed out that murder is the intentional infliction of death on another person. Based on this wording, several main signs of murder should be distinguished:

the presence of direct intent is fundamentally important. That is, the guilty person understands that he is committing murder. Moreover, it must want precisely this and directly desire to inflict death on another person. Therefore, murder is significantly different from causing death by negligence. This affects the qualification of the actions of the perpetrator.

For example, in case of negligence, the offender does not want the onset of death, but assumes such consequences and treats him indifferently.

For example, a person strikes another person in the chest area. From the blow, only a bruise is formed, which in no way threatens the health of the victim. However, from the specified impact, the victim falls and hits the concrete curb. From the blow, he receives serious bodily injuries and dies.

Such actions will be qualified as causing death by negligence. After all, death was a consequence of hitting the curb. And the direct actions of the guilty person only led to the presence of a bruise that does not pose a health hazard:

death by murder occurs immediately after receiving bodily harm. 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 or within a short time. If the victim dies from blows in a few days or even weeks, then another article of the Criminal Code of the Russian Federation is responsible. For such cases, Part 4 of Art. 111 of the Criminal Code of the Russian Federation. It provides for criminal punishment 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 qualified as murder.

Thus, the commission of unlawful acts against another person, from which his death occurs, is recognized as murder. At the same time, the guilty person desires the onset of 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 qualify precisely for the first part. Such criminal cases are considered by judges of the district or city level.

Such crimes are of the greatest public 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 rule establishes categories of crimes. According to its provisions, acts for which a sentence of 10 or more years of freedom can be received are classified as especially grave.

Sanction Art. 105 of 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 of the commission of these crimes.

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, the testimony of eyewitnesses of the incident.

Part 2

This offense has two parts. The first part establishes punishments 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 the commission of murder in the presence of aggravating conditions. They should be listed in more detail:

killing two or more people. This means that causing the death of several persons, the actions of the culprit will not be assessed separately. 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 during the joint drinking of alcohol. He takes a gun and kills both. That is, he had a single intent to kill these persons. Therefore, his actions are not separated from each other by a significant period of time.

The murders themselves were committed because of the general conflict, in which both the dead and the perpetrator are involved. If the murders are committed for different reasons and are in no way interconnected with each other, 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 duty by the deceased. In this case, there is a motive for revenge. That is, the deceased exercised his powers and there are no violations in his actions. But the guilty person believes that he was treated unfairly. For this reason, the offender commits the murder of an official or his relatives. When proving, great attention pay attention to the relationship between the actions of the perpetrator and professional activity deceased;
if the murder is committed against a pregnant woman. At the same time, the state of pregnancy should be obvious to the offender due to the long term. If the offender is aware of the pregnancy and knows 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 extreme 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, according to 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 great suffering or the killing process was extended in time, this will be an aggravating circumstance;
murder committed in a way that is dangerous to others. This may be blowing up a car or other actions that pose 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 also qualifies under the second part. This is true, because in this case, causing the death of another person is work. In addition, not only the contractor himself, but also the customer is liable for the second part. His actions will also be judged by the second part, but only as an organizer;
Separately, it should be noted the commission of a murder in connection with racial, national identity another person. This is an attack on the principle of equality of citizens. At the same time, encroachment is the most dangerous of all possible forms.

All of these actions are of the highest public danger. This found its expression in the sanction of the second part of Art. 105 of the Criminal Code of the Russian Federation. The specified 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. Such a 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 implies the death penalty. But this type of punishment has not actually been executed for more than 20 years.

Part 3

It must be pointed out that Article 105 of the Criminal Code of the Russian Federation, part 3, is missing. This article contains only two parts. Therefore, it is not possible to describe the third one.

At the same time, it should be noted that in the criminal law there is the concept of an unfinished crime. This means that the perpetrator performed all the actions to achieve his goal.

However, his goal was not achieved due to circumstances beyond his control.

For example, the guilty person struck a blow to 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 of Art. 105 of the Criminal Code of the Russian Federation (murder). It matters for sentencing.

With an unfinished act, the punishment for it cannot be maximum. The court will be obliged to limit itself to 34 of the most severe type 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. It's a little over 11 years old. Thus, for attempted murder, the perpetrator cannot receive a more severe punishment than 11 years in prison.

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 extenuating circumstances.

These are circumstances that directly affect sentencing. Such circumstances must be taken into account and described by the court when sentencing.

They need to be considered in more detail:

immoral or illegal behavior of the victim. His actions should provoke the guilty. 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 an extenuating circumstance. The only exception is the deprivation of a person's parental rights. However, the fact of having children should be documented;
serious disease. There is a list of such diseases. As a rule, these include injuries, disability, 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. Killing a person is the most serious crime against a person. Intentional infliction of death carries extremely severe punishment under the provisions of the Criminal Code of Russia.

Before the Convention on 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 borne in mind that the acts of a person that caused 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 the life, physical and mental health of citizens.

At the same time, several of its sections establish the degree of responsibility for the deprivation of the life of another person, depending on the qualification of the act.

You can find out what article is for murder, and how many years of imprisonment for murder threaten criminals in the Russian Federation, if you carefully study the country's criminal legislation, delve into its basics, consult an experienced lawyer on issues that have arisen.

It is important to understand that taking people's lives is a serious crime, and the person who committed it will be recognized as 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, one can find punishments 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, because of jealousy, out of hatred, in order to cover up the traces of another illegal act, etc. It is important to note that punishment under Article 105 occurs not only if there is a direct motive, prior intent and the desire to deprive man of life.

Even if the offender does not want 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.

In the second part of article 105 of the Criminal Code of the Russian Federation, cases of murder burdened with aggravating circumstances are considered, namely:

deprivation of life of several persons;
causing death to officials in the line of duty;
killing of minors;
murder aggravated by kidnapping;
deprivation of life, characterized by particularly cruel methods of killing;
causing death to a pregnant woman;
killing for organs;
committing a crime using the means, threatening people around;
premeditated murder, carried out by a group of persons by prior conspiracy.

The term of imprisonment of the offender will depend on the manner in which the encroachment on the life, safety and health of the person was committed. Deprivation of liberty can only be ordered by a court.

During judicial trial the prosecution and defense parties must present all the facts, evidence and testimonies available in the case.

Based on the information received, the court will be able to make a fair and reasoned decision.

What will be an attempt or a 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 sentences. Women end up in places of general regime detention. Even for exemplary behavior, those convicted of deprivation of life do not have the right to claim full release under the amnesty.

The investigation of such a crime always requires high qualification of the investigating authorities, as well as time. Sometimes the culprit of the crime is searched for years.

Researches and examinations conducted by professionals are of great importance. Specialists study the body of the victim, the evidence, the murder weapon, the mental state of the defendant, etc.

The expert opinion has great importance for the final judgment.

The statute of limitations for such a crime is limited to 15 years. The law prohibits the use of a simplified procedure for the consideration of a case in court proceedings without involving all the witnesses in the case.

Today it is not possible to terminate the proceedings on the basis of conciliation of the parties or reaching a compromise between the prosecution and the defense.

The accused must always be present at the 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 circumstances presented, 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 extenuating circumstances

For intentional murder, the most severe punishment is not always applied. The term of imprisonment may be reduced if the crime was committed in the presence of extenuating circumstances.

So, when a mother takes the life of a newborn child, she is waiting for 2-4 years in prison.

Such loyalty is connected with the fact that immediately after childbirth a woman is in a state of stress and does not always control her own behavior and gives an account of her actions.

Another mitigating measure when choosing the method and term of punishment of the offender for the murder of another person can be attributed to the situation when the deprivation of life is carried out during detention.

employee law enforcement they will not be convicted if it can be proved that during the arrest the offender 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 affect judgment and to reduce the term of punishment if the countermeasure was chosen objectively, and in accordance with the degree of the existing threat. Responsibility for murder in self-defence is established by Article 108 of the Criminal Code.

As a punishment for the committed crime, persons are waiting for a 2-year term of imprisonment. Alternative measures can also be used - correctional or community service for a period of 5 years. But in order to get the most loyal punishment for murder, it is necessary to have a significant 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 in court 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 mental unrest, stress and external pressure, which can manifest itself suddenly under the influence of certain factors.

Qualified murder - intentional deprivation of life in the presence of aggravating circumstances. In part 2 of Art. 105 provides for 13 points containing aggravating signs. The presence of any of these signs greatly increases the social danger of murder.

When qualifying, a person can be simultaneously imputed to several signs at once under Part 2 of Art. 105. In this case (Resolution of the Plenum of the Supreme Court of the Russian Federation of 1995), the punishment is imposed not on each basis separately, but in general under Part 2 of Art. 105.

Aggravating circumstances for hours. 2 Article. 105 are classified according to the elements of the crime. There are aggravating circumstances related to the object and the objective side (p. a, c, d, e, f), related to the subjective side (p. b, h, i, k, l, m), related to subjects (p. and).

It is impossible to impute several circumstances related to the subjective side at once.

P. "A" part 2 of Art. 105 UK. In accordance with Part.1 Article. 17 of the Criminal Code, the murder of 2 or more persons, committed simultaneously or at different times, 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, provided that none of these murders had been previously convicted.

The murder of one person and the attempted murder of another cannot be considered as a completed crime - the murder of 2 or more persons . In such cases, regardless of the sequence of criminal acts, the deed should be qualified according to the totality of crimes, namely, part 1 or part 2 of Art. 105 and according to part 3 of Art. 30, and paragraph "a" part 2 of Art. 105.

P. "b" part 2 of Art. 105 UK- the murder of a person or his relatives in order to prevent the person from exercising his official and official duties.

Under the performance of official activities, one should understand the actions of a person that are included in the scope of his duties arising from an employment contract with state, municipal, private and other in due course organizations.

The fulfillment of public duty is understood as the implementation by a citizen of both the duties specially assigned to him in the interests of society, and the fulfillment of other socially useful goals. For example, the suppression of offenses, reporting to the authorities about a crime committed, reporting the location of the person who committed the crime, etc.

Close victims, along with close relatives, may include other persons who are related to him or by property, close persons whose life, health and well-being are known to the victim by virtue of established close relations.

According to paragraph “B”, only the murder of such a person who acted lawfully, legally, should be qualified, t.to. performed their official activities or public duty lawfully.

If the reason for the murder was illegal acts (related to abuse of authority), then the deed cannot be qualified under paragraph “b” of Part 2 of Art. 105 of the Criminal Code.

P. "in" part 2 of Art. 105: the murder of a minor or other person, knowingly for the guilty person who is in a helpless state, as well as associated with the abduction of a person (as amended in 2009).

A juvenile in criminal law refers to a person under the age of 14 years.

A person who is known to be in a helpless state by the guilty person is a person who, due to his physical or mental state, is unable to defend himself, to actively resist the guilty person when the latter, while committing a murder, is aware of this circumstance. Such persons may include the seriously ill and the elderly, persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening.

According to paragraph "B" part 2 of Art. 105 should qualify the murder of a person who is in a faint, unconscious, severe intoxication.

Sleep is not a helpless state.

When qualifying for "in" part 2 of Art. 105, it should be borne in mind that, within the meaning of the law, liability under this paragraph arises not only for the deliberate infliction of death on the abducted person himself, but also for the murder of other persons committed by the perpetrator in connection with the abduction of a person. At the same time, according to the rules of qualification, the deed must be qualified in aggregate under Art. 126 and Art. 105.

In accordance with paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)”, according to paragraph “c” of Part 2 of Article 105 of the Criminal Code of the Russian Federation (the murder of a person who is in helpless state) it is necessary to qualify the intentional infliction of death on the victim, unable due to his physical or mental state to defend himself, to actively resist the perpetrator, when the latter, committing the murder, is aware of this circumstance. Persons in a helpless state may include, in particular, the seriously ill and elderly, young children, persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening.

Thus, from the point of view of the etymology of the concept "helpless state" it can be defined as the position of a person in which, due to some circumstances, he cannot defend himself at the moment of encroachment on his life.

The circumstances of the helpless state of the victim can be classified into subjective(individual, personal) and objective(external, situational).

To subjective circumstances can be attributed individual characteristics the body of the victim (infancy, old age, the presence of a severe physical or mental illness, etc.).

To objective circumstances should include situations in which the victim is at the time of the murder (turned out to be bound, hanging at a height, crushed by a load, closed in a closet, refrigerator, otherwise immobilized; a state of sleep, strong alcohol intoxication, hypnosis, other unconscious (insensible) state).

Depending on why the victim is in a helpless state, one can distinguish physical (old age, severe physical illness (lack of legs, arms), condition force majeure(bound, pinned down, suspended)) and mental (mental illness, state of hypnosis) inability of the victim. maybe combination physical and mental helplessness (infancy, state of severe intoxication, sleep, other unconscious state).

In the legal literature and judicial practice, the question of whether the qualification of the murder is influenced by who brought the victim to a helpless state: he himself or the guilty one?

With regard to the crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation unequivocally answered this question in its resolution “On judicial practice in cases of crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation” dated June 15, 2004 No. 11, in paragraph 3 of which it is indicated that “for the recognition of rape, as well as sodomy, lesbianism and other violent acts of a sexual nature, committed using the helpless state of the victim, does not matter (emphasis mine - O.B.), whether it was brought into such a state by the guilty person himself (for example, he gave him alcohol, drugs, sleeping pills, etc.) or was in a helpless state, regardless of the actions of the person who committed the specified crime”

Therefore, the qualification of the murder is not affected by who brought the victim to a helpless state: the perpetrator, other persons, the victim himself, or he ended up in such a state due to other circumstances. However, the following circumstance must be taken into account. If bringing the victim into a helpless state is part of the objective side of depriving him of his life , then the considered qualifying feature is absent. It means that violent(in addition to the will of the person) bringing the victim into a helpless state with the subsequent deprivation of his life does not form the composition of a qualified murder under paragraph “c” of Part 2 of Article 105 of the Criminal Code of the Russian Federation.

P. "g" part 2 of Art. 105- the murder of a woman, known to the perpetrator to be in a state of pregnancy. It is a particularly dangerous crime. The sign of knowingness is important, i.e. the perpetrator's awareness of the victim's pregnancy. The perpetrator must be reliably aware that the victim is pregnant, and the source of his knowledge about this fact not important. The duration of the pregnancy does not matter for qualification.

Part 3 Art. 30, paragraph "g" part 2 of Art. 105 - attempted murder of a pregnant woman, if the error is about the presence of pregnancy.

P. "d" part 2 of Art. 105- murder committed with extreme cruelty. The concept of special cruelty is associated both with the method of murder and with other circumstances that testify to special cruelty. Special cruelty in murder consists in inflicting special physical and moral suffering on the victim, i.e. strong, sufficiently long, repeated or single suffering. It must be established that there was intent to commit a crime with particular cruelty.

A sign of special cruelty is present, in particular, in the case when, before the deprivation of life, the victim is subjected to torture, torture, mockery of the victim, when the murder is committed in a way that is known to the perpetrator associated with causing the victim special suffering (causing a large amount of bodily harm, using painful poison, burning alive, prolonged deprivation of food or water). Also, special cruelty can be expressed in the commission of a murder in the presence of persons close to the victim, when the perpetrator realized that by his actions he was causing them special suffering.

Mocking a corpse in itself cannot be regarded as a circumstance indicating the commission of a crime with particular cruelty. What was done in such cases, if there are no other data on the manifestation of special cruelty, should be qualified according to the relevant part of Art. 105 and Art. 244 of the Criminal Code - crimes against public morality (desecration of the bodies of the dead).

P. "e" part 2 of Art. 105- murder committed in a generally dangerous way. A generally dangerous method of murder should be understood as such a method of intentionally causing death, which, knowingly for the perpetrator, poses a danger to the life of not only the victim, but at least one more person (murder by explosion, by arson, firing shots in crowded places). If, as a result of the use of a generally dangerous method of murder by the guilty, not only a certain person, but also other persons died, the deed must be qualified in addition to paragraph “e” of Part 2 of Art. 105, according to paragraph "a" part 2 of Art. 105, and in case of causing harm to health to other persons - according to paragraph "e" part 2 of Art. 105 and under the articles of the Criminal Code, providing for liability for intentional infliction of harm to health. The danger of taking the life of others must be real, not imaginary, exist in reality, and not be supposed. In cases where the murder by explosion, arson or other generally dangerous means is associated with the destruction or damage of someone else's property, committed in addition to paragraph "e" of Part 2 of Art. 105 qualifies under Part 2 of Art. 167.

Compared with paragraph "d" Art. 102 of the Criminal Code of the RSFSR, the wording of paragraph "e" part 2 of Art. 105 of the Criminal Code has been changed. It is not about killing in a way that is dangerous to the lives of many people, but about killing in a generally dangerous way. This means that it means not only the danger of this method for the lives of many people, but also the danger of the onset of others. harmful effects such as destruction of houses, Vehicle, means of communication, etc. when killed by explosion, or contamination of the area or water sources, when the killing is carried out using harmful chemical substances. In this regard, we note that such consequences can be an element of a crime that requires independent qualification (along with murder), since these consequences are associated only with the method of the crime, i.e. committed by the same actions in an ideal combination.

P. "e 1" Part 2 of Art. 105- a murder committed on the basis of blood feud. Such a murder is due to the desire to take revenge on the offender or members of his family or clan for a real or imaginary insult inflicted on the killer or members of his family or clan.

Blood feud is a custom still preserved by some ethnic groups. Blood feud, as a rule, is carried out according to certain rules. For example, they take revenge only on the male line, a woman is always out of blood feud.

When discussing the draft of the new Criminal Code of the Russian Federation, the opinion was expressed that blood feud should be excluded from the aggravating circumstances in the case of murder due to the fact that this is revenge on the basis of personal relationships. However, this proposal did not receive support due to the fact that blood feuds lead in some cases to the commission of a "chain" of murders. Murder on the basis of blood feud, as a rule, induces the relatives of the second victim to revenge, and consequently, leads to the murder of several people.

In addition to the motive, when clarifying the signs of the subjective side to qualify the actions of the perpetrator under paragraph “l” of Part 2 of Art. 105 of the Criminal Code, it is necessary to establish the nature of the intent of the perpetrator. It seems that murder on the basis of blood feud cannot be committed with indirect intent, it is necessary to establish direct intent. In this regard, it is important to clarify the relationship between motive and purpose in the commission of such a murder. A. Mamutov writes that "the subjective side of this crime includes not only the motive - a feeling of resentment, but also the purpose of revenge." This position appears to be controversial. One could speak of a feeling of resentment if the actions of the perpetrator were not determined by the custom of blood feud. It is blood feud as a custom that acts here as the motive for the murder, and, therefore, it cannot but be recognized as a motive for committing a crime. The views of A. Mamutov regarding the purpose of the murder on the basis of blood feud are also incorrect. The purpose of the murder is not revenge at all, but the deprivation of the life of the offender, which indicates a direct intent to commit such a crime.

P. "g" part 2 of Art. 105- a murder committed by a group of persons, a group of persons by prior agreement or an organized group. Murder is recognized as committed by a group of persons, when 2 or more persons, acting jointly, with intent, directly participated in the deprivation of the life of the victim, using violence against him. Moreover, it is not necessary that the injuries that caused death were caused by each of them.

If, along with co-perpetrators, an organizer, instigator or accomplice participate in a group of persons by prior agreement, then their actions must be qualified under the relevant part of Article 33 and paragraph “g” of Part 2 of Art. 105.

The Plenum of the Supreme Court of the Russian Federation resolved this issue more successfully in paragraph 10 of the resolution of January 27, 1999, indicating that a murder is recognized as committed by a group of persons when two or more persons, acting together with intent aimed at committing a murder, directly participated in the process deprivation of the life of the victim, using violence against him, and it is not necessary that the injuries that caused death were caused by each of them (for example, one suppressed the resistance of the victim, deprived him of the opportunity to defend himself, and the other caused him fatal injuries). In the published rulings and rulings of the Supreme Court of the Russian Federation on cases of murders committed under various circumstances in co-perpetration, it is clearly indicated that the existence of a conspiracy to commit a murder in itself cannot be considered sufficient to qualify a crime under paragraph “g” of Part 2 of Art. 105 of the Criminal Code.

P. "h" part 2 of Art. 105- murder for mercenary motives or for hire, as well as associated with robbery, extortion or banditry. Murder for mercenary motives should be qualified as murder for the purpose of obtaining material benefit by the guilty or other persons (money, property, the right to property) or getting rid of material costs. Self-interest as a motive for murder is the desire for material gain in the broadest sense of the word.

To recognize the murder as mercenary, it is necessary to establish that the mercenary motive in its commission arose from the perpetrator before the criminal act was committed and determined it. This does not require that the purpose of the murder was necessarily achieved. The main thing is that when committing this crime, the perpetrator is guided precisely by selfish motives. In cases where mercenary motives were not the motive for the murder, the taking of the property of the murdered person cannot be the basis for qualifying the deed under paragraph “h” of Part 2 of Art. 105.

As murder-for-hire it is necessary to qualify the murder, caused by the receipt by the perpetrator of the crime of material or other remuneration from the customer (directly or indirectly, through an intermediary).

As committed with robbery or banditry, it should be qualified in the presence of these acts. The deed qualifies under paragraph "h" part 2 of Art. 105 in conjunction with articles of the Criminal Code providing for liability for robbery, extortion, etc.

P. "and" part 2 of Art. 105- Murder with hooligan motives. Murder out of hooligan motives is a murder committed on the basis of a clear disrespect for society and generally recognized norms of morality, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to oppose himself to others, to demonstrate a disdainful attitude towards them.

A study of practice shows that hooligan motives in murder are more common than other aggravating circumstances listed in Part 2 of Art. 105 of the Criminal Code. The Plenum of the Supreme Court of the Russian Federation in paragraph 12 of the resolution of January 27, 1999 explained that according to paragraph “and” part 2 of Art. 105 of the Criminal Code, it is necessary to qualify a murder committed on the basis of a clear disrespect for society and generally accepted moral standards, when the behavior of the perpetrator is an open challenge to public order and is due to the desire to oppose himself to others, to demonstrate a dismissive attitude towards them.

When committing a murder out of hooligan motives, the perpetrator receives satisfaction from the very fact of depriving a person of life or from such actions (aimed at gross violation of public order and showing obvious disrespect for society) by which a person can be deprived of life with an indifferent attitude to this on the part of the perpetrator.

It is known that the motive is considered an optional feature of the subjective side of the crime. But in cases of murder out of hooligan motives, the motive, in any case, must be established as a necessary condition for the correct application of paragraph “and” of Part 2 of Art. 105 of the Criminal Code. Failure to establish the motive for the murder, as already noted, is not a basis for recognizing it as committed out of hooligan motives. The study of practice shows that a significant part of the errors in qualifying murders out of hooligan motives is explained by a superficial analysis of the circumstances of the crime, indicating the subjective side and, mainly, the motive for committing it. The motive by which the perpetrator was guided can be judged by his actions themselves, and in some cases the reason that was the external cause of the crime committed. Since in the murder we are talking about the actions of the perpetrator directed against another person - the victim, then in order to establish the motive for the murder, the actions of the latter, as well as the relationship between the perpetrator and the victim, acquire a certain meaning.

P. "k" part 2 of Art. 105- murder for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature.

Murder in order to cover up a crime is that the perpetrator, by committing a crime, pursues the goal of hiding both a previously committed crime and another crime that is supposed to be committed in the future. At the same time, for qualification under paragraph “k” of Part 2 of Art. 105 it does not matter whether the murderer himself or another person has committed or was about to commit another crime.

Murder in order to facilitate another crime is characterized by the fact that the perpetrator, depriving the victim of life, aims to create conditions that facilitate the commission of the intended crime. At the same time, by murder, the perpetrator seeks to facilitate the commission of a crime carried out both by himself and by other persons. Such actions of the perpetrator are possible both before the completion of the intended crime, and in the process of its implementation. Within the meaning of the law, qualification under paragraph “k” of Part 2 of Art. 105 excludes the possibility of qualifying for another reason.

Murder involving rape or sexual assault, whether committed to cover up a crime, or committed out of revenge for resisting rape. At the same time, the committed act must be qualified in totality: Art. 105 and 131 or 132.

P. "m" part 2 of Art. 105- murder for the purpose of using the organs and tissues of the victim. The murder is committed in order to use the organs and tissues of the victim, but the nature of their use may be different - not only for transplantation, but also for any other purposes. As follows from the Law of the Russian Federation “On transplantation of human organs and (or) tissues”, adopted on December 22, 1992, human organs and tissues should be understood as: heart, lungs, kidneys, liver, Bone marrow and other organs and tissues, the list of which is established by the Ministry of Health of the Russian Federation and the Academy of Medical Sciences of Russia; organs, their parts and tissues related to human reproduction, including reproductive tissues (ovum, sperm, testicles and embryos); blood and its components. At the same time, all these organs and tissues can be removed both by violence and deprivation of the life of the victim, and under various "plausible" pretexts, including under the pretext of conducting a medical operation "in the interests" of the victim, which can end in death for him.

The subject of this crime can be any sane person who has reached the age of 14, and not just a physician with special knowledge. If organs are "removed" for transplantation, then it can hardly be assumed that this can be done without the participation of a person with special knowledge. Naturally, the presence of a special purpose implies that this crime can only be committed with direct intent.

Crimes against life and health- these are socially dangerous acts committed intentionally or through negligence, provided for in Ch. 16 of the Criminal Code (art. 105 - 125), directed against human life and health.

generic object of all crimes provided for in section VII of the Criminal Code, including crimes against life and health, is a person. view object These crimes are life or health. By direct object these offenses are subdivided into crimes against life and crimes against health.

To crimes against life relate:

Murder (Art. 105);

Murder of a newborn child by a mother (art. 106);

Murder committed in a state of passion (Article 107);

Murder committed in excess of the limits of necessary defense or in excess of the measures necessary to detain a person who committed a crime (Article 108);

Causing death through negligence (art. 109);

Driving to suicide (Article 110).

To health crimes relate:

Intentional infliction of grievous bodily harm (Article 111);

Intentional infliction of moderate harm to health (Article 112);

Causing severe or moderate harm to health in a state of passion (Article 113);

Infliction of severe or moderate bodily harm when the limits of necessary defense are exceeded or when the measures necessary to detain a person who has committed a crime are exceeded (Article 114);

Intentional infliction of slight bodily harm (art. 115);

Beatings (art. 116);

Torture (art. 117);

Causing grievous bodily harm through negligence (Article 118);

Threat to kill or cause grievous bodily harm (Article 119);

Coercion to remove human organs or tissues for transplantation (art. 120);

Infection with a venereal disease (art. 121);

HIV infection (art. 122);

Illegal abortion (art. 123);

Failure to provide assistance to the sick (art. 124);

Leaving in danger (art. 125).

Murder (Article 105 of the Criminal Code) is defined as the intentional infliction of death on another person.

An obligatory sign of murder is the unlawfulness of deprivation of life.

immediate object murder is a life. The beginning of life is the moment of physiological childbirth, the end of life is physiological (biological) death.

objective side murder is expressed in the deprivation of human life.

Crime has material composition and is considered completed from the moment of the onset (causing) of death. Therefore, a mandatory sign of murder is a causal relationship between the act aimed at depriving life and the resulting death.

Murder with subjective side characterized by deliberate guilt. Both direct and indirect intent is possible. Face:

Realized that he was committing an act aimed at taking the life of another person;

Foresaw the possibility or inevitability of death and

It wished or consciously allowed its onset or was indifferent to such a consequence.

When deciding on the direction of the intent of the perpetrator, one should proceed from the totality of all the circumstances of the deed and take into account, in particular, the method and instrument of the crime, the number, nature and localization of bodily injuries (for example, injuries to vital organs of a person), as well as the previous and subsequent behavior of the perpetrator and the victim, their relationship.

If a murder can be committed both with direct and indirect intent, then an attempted murder is possible only with direct intent, that is, when the deed indicated that the perpetrator was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of death another person and wished for its occurrence, 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, the timely provision of medical assistance to the victim, etc.).

Subject murder under Art. 105, - a sane individual who has reached the age of 14.

Part 1 Art. 105 contains the basic composition of murder (the so-called simple murder). It qualifies a murder committed without aggravating and mitigating circumstances specified in the law (for example, murder in a quarrel or fight in the absence of hooligan motives, out of jealousy, motives of revenge, envy, hostility, hatred arising from personal relationships).

Separate questions of qualification of murder are contained in the Decree of the Plenum of the Supreme Court of the Russian Federation dated January 27, 1999 N 1 "On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)".

exhaustive list qualifying signs murder is contained in thirteen paragraphs of Part 2 of Art. 105.

1) Murder of two or more persons. It takes place when the deprivation of life of the victims was covered by a single intent. As a rule, the murder of two or more persons occurs simultaneously.

2) The murder of a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty. Means murder for the purpose of preventing the legitimate exercise by the victim of his official activities or the performance of public duty, or for revenge for such activities. Under the performance of official activities, one should understand the actions of a person that are included in the scope of his duties, arising from an employment contract with enterprises and organizations registered in the prescribed manner, with entrepreneurs whose activities do not contradict the law, and under the fulfillment of public duty - the implementation by a citizen as specially assigned to him obligations in the interests of society or the legitimate interests of individuals, as well as the commission of other socially useful actions (suppression of offenses, reporting to the authorities about committed or impending crimes or the whereabouts of a person wanted in connection with the commission of offenses, giving witness or victim testimony incriminating a person committing a crime, etc.).

Persons close to the victim, along with close relatives, may include persons whose life, health and well-being are known to the victim by virtue of established personal relationships.

3) Murder of a minor or other person who is obviously in a helpless state. It means the deliberate infliction of death on the victim, who, due to his physical or mental state, is unable to defend himself, to actively resist the perpetrator, when the latter, while committing the murder, is aware of this circumstance. Victims can be, in particular, the seriously ill and the elderly, young children, people suffering from mental disorders that deprive them of the ability to correctly perceive what is happening.

To the considered type of murder is equated murder involving kidnapping. At the same time, it does not matter to whom death is intentionally inflicted - to the abducted person or to another person. A murder committed must be qualified in conjunction with kidnapping (Article 126 of the Criminal Code).

4) Murder of a woman known to be pregnant. For qualification, the gestational age does not matter.

5) Murder committed with extreme cruelty. The concept of special cruelty is associated both with the method of murder and with other circumstances that testify to the manifestation of the perpetrator of special cruelty. At the same time, in order to recognize the murder as committed with special cruelty, it is necessary to establish that this circumstance was covered by the intent of the perpetrator.

A sign of special cruelty is present, in particular, in cases where, before the deprivation of life or in the process of committing a murder, torture, torture or mockery of the victim were used on the victim, or when the murder was committed in a way that is known to the perpetrator associated with causing the victim special suffering (infliction of great number of bodily injuries, the use of a painful poison, burning alive, prolonged deprivation of food, water, etc.). Particular cruelty can be expressed in the commission of a murder in the presence of persons close to the victim, when the perpetrator was aware that by his actions he was causing them special suffering. The destruction or dismemberment of a corpse for the purpose of concealing a crime cannot be grounds for qualifying a murder as committed with special cruelty.

6) Murder committed in a generally dangerous way. A generally dangerous method of murder should be understood as such a method of intentionally causing death, which, knowingly for the perpetrator, poses a danger to the life of not only the victim, but at least one more person (for example, by explosion, arson, firing shots in crowded places, poisoning water and food, etc.). used by other people besides the victim).

7) Murder motivated by blood feud. The killer and the victim may turn out to be representatives of the same national group that recognizes the custom of blood feud.

8) Murder committed by a group of persons, a group of persons by prior agreement or an organized group. The murder is declared committed group of people when two or more persons, acting together with intent to commit murder, directly participated in the process of taking the life of the victim, using violence against him, and it is not necessary that the injuries that caused death were caused by each of them (for example, one suppressed resistance the victim, deprived him of the opportunity to defend himself, and the other caused him fatal injuries). Murder should be recognized as committed by a group of persons even in the case when, in the process of committing actions by one person aimed at intentionally causing death, another person (other persons) joined him for the same purpose.

A preliminary conspiracy to kill involves an agreement, expressed in any form, between two or more persons that took place before the start of the commission of actions directly aimed at depriving the victim of life. At the same time, along with the co-perpetrators of the crime, other members of the criminal group can act as organizers, instigators or accomplices of the murder, and their actions must be qualified with reference to Art. 33 of the Criminal Code.

An organized group is a group of two or more persons united by the intent to commit one or more murders. As a rule, such a group carefully plans the crime, prepares the murder weapons in advance, distributes roles among the members of the group. Therefore, when a murder is recognized as committed by an organized group, the actions of all participants, regardless of their role in the crime, should be qualified as complicity without reference to Art. 33 of the Criminal Code.

9) Murder committed for mercenary motives or for hire, as well as associated with robbery, extortion or banditry. As a murder committed out of mercenary motives, a murder is qualified in order to obtain material benefits for the perpetrator or other persons (money, property or rights to receive it, rights to housing, etc.) or to get rid of material costs (return of property, debt, payment for services, fulfillment of property obligations, payment of alimony, etc.).

Murder for hire qualifies as a murder caused by the receipt by the perpetrator of the crime of material or other remuneration.

Murder in the process of committing these crimes should be qualified as associated with robbery, extortion or banditry. The deed in such cases is qualified under paragraph "h" part 2 of Art. 105 of the Criminal Code in conjunction with articles of the Criminal Code providing for liability for robbery, extortion or banditry.

10) Hooligan murder. A murder committed on the basis of a clear disrespect for society and generally accepted norms of morality is qualified, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to oppose others, to demonstrate a disdainful attitude towards them (for example, intentionally causing death for no apparent reason or using an insignificant reason as an excuse to kill).

In order to correctly distinguish between murder out of hooligan motives and murder in a quarrel or fight, it is necessary to find out who initiated them, whether the conflict was provoked by the perpetrator to use it as a pretext for murder. If the victim was the instigator of a quarrel or fight, as well as in the case when his unlawful behavior served as the reason for the conflict, the perpetrator cannot be held responsible for the murder out of hooligan motives.

11) Murder committed with the aim of concealing another crime or facilitating the commission of another crime, as well as involving rape or sexual assault.

The qualification of the murder of a certain person committed by the guilty in order to conceal another crime or to facilitate its commission excludes the possibility of qualifying the same murder, in addition to the specified paragraph, under any other paragraph of Part 2 of Art. 105, providing for a different purpose or motive for the murder.

Murder involving rape or violent acts of a sexual nature should be understood as murder in the process of committing these crimes or for the purpose of concealing them, as well as committed, for example, for reasons of revenge for resisting the commission of these crimes.

Considering that two separate crimes are committed in this case, the deed should be qualified under paragraph "k" of Part 2 of Art. 105 and, depending on the specific circumstances of the case, on the relevant parts of Art. 131 or Art. 132 of the Criminal Code.

12) Murder committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on the grounds of hatred or enmity against any social group. Victims are people other than the perpetrator, national, racial or religious, or belonging to another social group. It is because of this belonging that they become victims. The actual incitement of social, political, ideological, racial, national or religious hatred or enmity lies outside the scope of murder. Together with Art. 282 of the Criminal Code is not excluded.

13) Murder committed for the purpose of using the organs or tissues of the victim. For qualification, it does not matter for what purposes - medical or otherwise - the organs or tissues of the victim are going to be used.