In jurisprudence, a huge number of difficulties arise when a certain case comes up that is extremely difficult to interpret under any separate article of the Criminal Code.
For example, attempted murder. The Code does not have a separate article for this crime. You have to refer to different sources, while dealing with each component of the crime in detail. And as a result, many questions arise. What is attempted murder? What is the punishment for it? Can a particular situation be considered an attempted murder? Or is this a completely different illegal act? Let's try to answer all these questions.
Contents of articles
Attempted murder is presented under Articles 30, 105 of the Criminal Code of the Russian Federation, the punishment period, accordingly, is provided for by them. The first comes down to a description of two illegal actions - preparation for a crime and an attempt on it, and the second describes the murder itself and all possible penalties that are provided for by law.
Let's look at each article separately.
Preparation and attempted crimes - Article 30 of the Criminal Code of the Russian Federation
As stated earlier, this article describes the preparation and attempted crime. These two phenomena are united by two interesting facts: firstly, the essence of these actions boils down to the fact that this is an unfinished crime for some reason (the reasons often do not depend on the criminal), secondly, both actions are considered crimes and are punishable by criminal punishment.
The article consists of three parts , in which all the definitions of the above-mentioned phenomena are described in detail.
- The first part describes what preparation for a crime is and in what forms it most often manifests itself (creating a weapon for a future murder, attracting partners to commit theft, etc.). This is considered preparation only if the crime itself was not carried out, but remained only at the stage of some “grand” plan.
- The second part states that liability occurs only when a grave or particularly serious crime was planned. You won't go to jail if you planned to scold your neighbor for ruining his dog's lawn.
- In the third part you can already find something about the assassination attempt. According to this article, an attempt is an action or inaction that was committed to harm another person or an attack on his life, but due to reasons that were not dependent on the offender, it was not carried out. Nevertheless, even though the intent was not achieved, liability arises in any case.
Murder - Article 105 of the Criminal Code of the Russian Federation, sentence
This article is about murder and the length of punishment that should be applied to the murderer. It is presented in two parts.
- The first part defines murder as an atrocity that results in the death of a person. Such a crime, without factors that aggravate it, is punishable by up to 15 years in prison.
- The second part describes those factors that will make murder more serious and, accordingly, increase the punishment for it. For example, if the action was committed by a group of people or was particularly cruel. In this case, imprisonment will range from eight to twenty years.
Material on the topic Comments on Article 306 of the Criminal Code of the Russian Federation for knowingly false denunciation
Actions regarding the already deceased
In addition to the above methods and directions, there are also acts that are not directly considered murder. For example, dismemberment of a corpse after a person has been deprived of life is classified as desecration of the body of the deceased.
This malicious action is a disposition contained in Criminal Article 244. The murder of a person can be committed by a person who mocks or dismembers a corpse, or it can be the result of the actions of another attacker.
All about attempted murder
In Part 3 of Art. 30 of the Criminal Code of the Russian Federation states that an attempted crime is an unfinished crime for reasons that were independent of who wanted to commit it. In addition, emerge in criminal law .
- The completed assassination attempt. It represents a completed crime, but the point is that the result was not achieved. As an example, a criminal stabbed a victim with a knife with the direct intent to kill her, but the person did not die due to timely medical assistance.
- An assassination attempt that could not be completed. The criminal intended to strangle the victim, but someone close to him managed to call the police. As a result, the possible killer was detained before he could take a person’s life.
- An assassination attempt carried out using means that could not cause harm. For example, when they tried to poison a person with a substance that in a certain concentration cannot cause harm.
All of these types apply to murder. But a large number of undesirable nuances arise, in which it is difficult to qualify a certain action as an attempt. Accordingly, it is difficult to reach a verdict on the punishment of the accused.
What types are there?
Attempts in the theory of criminal law are usually divided into several different types:
- Finished. In this case, the perpetrator performed all the actions necessary to cause death. However, the result did not occur due to reasons beyond the control of the person. An example of this can be considered the following situation: the criminal took out a pistol, took aim correctly, pulled the trigger - but at the last moment his hand trembled or the intended victim suddenly abruptly moved from the line of fire. Here the would-be killer did everything that depended on him, but the crime could not end.
- Unfinished. Here the criminal does not complete the murder process - however, also not through his own fault. Relatively speaking, the killer took aim - but a random passer-by knocked the pistol out of his hands. Here it cannot be said that everything was done to obtain a result, however, as in the previous case, the criminal was unable to kill due to circumstances that were beyond his control.
- With worthless means. In this case, the criminal performed all the necessary actions, not knowing that the weapon he was using was not suitable for murder. Returning to the example with the pistol: the criminal took aim, pulled the trigger, no one stopped him - but it turned out that the pistol’s firing pin had long been sawed off, and the would-be killer did not know about it.
- To an unusable object. In this case, the offender does not know that his actions cannot harm the victim. If we continue to use the example with a pistol, then in this case the criminal shoots, not knowing that the bullet will hit the doll representing the victim - or the corpse, if the victim was already dead by that time. In practice, this type is extremely rare.
More details about the types of murders and other nuances of the crime can be found here.
Punishment period for attempted murder
According to Part 1 of Art. 105 of the Criminal Code of the Russian Federation, the maximum term of imprisonment for murder without aggravating factors is 15 years. Accordingly, the court cannot impose a punishment beyond this period.
According to legal norms, the punishment cannot be more than 3/4 of the maximum (15 years), which means it cannot be more than 11 years and 2 months.
But, despite all this , there is a list of factors that can increase the period. They will lead to lifelong restriction of freedom if the final result is achieved. All components of the crime are presented in detail in Part 2 of Art. 105 of the Criminal Code of the Russian Federation:
- the subject of the crime is not one person, but a certain group;
- socially dangerous action in the performance of public duty;
- a mother's attempt to kill her newborn child;
- attempted crime against a minor;
- with direct intent to kill a person and use his organs or tissues for one’s own purposes, etc.
Liability of a minor
According to Art. 20 of the Criminal Code of the Russian Federation, to liability for any type of murder provided for in Art. who has reached the age of 14 at the time of committing criminal acts can be charged Consequently, the guilty person in this case will be fully liable within the limits established by Art. 66 of the Criminal Code of the Russian Federation.
However, this applies only to Art. 105. In cases where we are talking about elements of a crime provided for in certain articles (Articles 277, 295, 317 of the Criminal Code of the Russian Federation), a minor aged 14 to 16 years cannot be held accountable for them. Here only Art. 105, if the teenager’s actions show signs of its composition.
More information about the punishment of minors for causing death can be found here.
When an action does not qualify as attempted murder
There are also cases when it is extremely difficult to apply both of these articles to the crime. In fact, according to Art. 105 of the Criminal Code of the Russian Federation, death did not occur, but also Art. 30 of the Criminal Code of the Russian Federation cannot be used to determine the elements of a crime.
Let's look at a few cases with specific examples.
Art. 108 of the Criminal Code of the Russian Federation - exceeding the necessary defense
Any actions aimed at protecting one’s life, if they were truly necessary, are considered lawful. And when a person tries to somehow defend himself, and in doing so he inflicts some serious injury on the person from whom he is defending himself, then the court cannot determine the elements of the crime.
Example . Citizen A.N. Aksyonov was walking down the street late at night. A tipsy man approached him and began to beg for a cigarette, which A.N. had. Aksyonov was not there. The drunk man began to be rude and hit A.N. Aksyonov in the chest, after which he took a stone from the ground and hit the drunken man on the head. The man was taken to the hospital on time and survived, but suffered a serious head injury. A.N. Aksenov was convicted under Part 3 of Art. 30, Art. 105 of the Criminal Code of the Russian Federation, but he filed an appeal, in which he stated that his actions were within the framework of necessary defense. The court did not change its decision, since no objective threat to life was found in this situation.
The important aspect is that the necessary defense must be applied for objective reasons - a threat to life must really exist. If there was none, qualify the action as an attempt under Art. 108 of the Criminal Code of the Russian Federation is impossible.
Material on the topic Punishments provided for in Article 327 of the Criminal Code of the Russian Federation - forgery of documents
Art. 109 of the Criminal Code of the Russian Federation - careless causing of death
If the court considers certain criminal acts as attempted negligent homicide, then Article 30 will no longer be taken into account, because any negligent act is not a manifestation of direct intent to take a person’s life.
Example . V.V. Prokofiev was in his house when a neighbor came to him from the house opposite and began accusing him of being unfaithful to his wife, promising to reveal V.V. Prokofiev’s secret. A quarrel ensued between the people, during which the neighbor hit V.V. Prokofiev, and the man responded by pushing the woman away, but did not calculate the force. His neighbor was unable to maintain her balance and fell, hitting her head on the doorframe. The woman survived, having received particularly serious injuries, and V.V. Prokofiev was convicted under Art. 109 of the Criminal Code of the Russian Federation.
This attempt cannot be called intentional, because the man had no intention of killing the woman. Under this article, the punishment is usually reduced to imprisonment or correctional labor for up to 2 years.
Art. 317 of the Criminal Code of the Russian Federation - assault on a law enforcement representative
Example . A.P. Vasiliev tried to rob a small thrift store at night. Before the crime was realized, law enforcement agencies, represented by policeman O. N. Zhuravlev, arrived at the scene of a possible crime. When trying to detain A.P. Vasiliev took out a knife and began to threaten O.N. Zhuravlyov The policeman made a second attempt to arrest him, but was attacked by A.P. Vasiliev and received a knife wound in the liver area. The policeman was saved, while A.P. Vasiliev was convicted under Art. 317 of the Criminal Code of the Russian Federation and, as punishment, was imprisoned for a period of 20 years.
The corpus delicti is there, that's obvious. But the point is that even though Zhuravlev did not die, this means that the action can be regarded as an assassination attempt - but part 3 of Art. 30 will not be taken into account anyway. After all, both in the event of death and in the event of its avoidance, Vasilyev is judged only under Art. 317.
Murder by negligence
The category of committing a crime without intent can also include taking a life by accident. In practice, there is an example when a pipe fell from the roof of construction workers. A man was walking along the sidewalk and was killed by this building material.
In this case, Article 109 for murder by negligence provides for punishment of up to 3 years in prison.
The act described in the example is considered as deprivation of life due to improper performance of professional duties.
Attempted murder or something else?
Indeed, very often a huge number of difficulties arise when the court qualifies certain actions. Some are considered attempted murder, others are considered threat of death or serious injury.
A detailed analysis of each component of the crime is always required. And the proceedings can last more than one week. How to figure it all out? Let us again take into account certain examples. Material on the topic of Articles 198 and 199 of the Criminal Code of the Russian Federation on cash withdrawal
Article 119 of the Criminal Code of the Russian Federation - death threat
Example . Between V.P. Lozhkin and O.S. Andreev, a fight broke out over O.S.’s desire. Andreev to repay the debt that V.P. Lozhkin took from him more than a year ago. During the fight O.S. Andreev began to strangle the debtor, threatening him with death. But due to the fact that V.P. Lozhkin’s wife called the police in advance, O.S. Andreev was detained. He was tried under Part 3 of Art. 30, 105 of the Criminal Code of the Russian Federation, but the man filed an appeal after the trial, stating that he had no intention to kill V.P. Lozhkin, and his actions amounted only to intimidation. As a result, O.S. Andreev received a sentence of two years in prison under Art. 119 of the Criminal Code of the Russian Federation.
The court classifies such actions as a threat. This is Art. 119 of the Criminal Code of the Russian Federation and it “rewards” with correctional labor or imprisonment for only up to 2 years. While the punishment for attempted murder is much harsher. Accordingly, the court must conduct a careful analysis of the element of intent . If he really committed murder - punishment under Art. 30, 105 of the Criminal Code of the Russian Federation. If this criterion was not noted - Art. 119.
Art. 111 of the Criminal Code of the Russian Federation - causing grievous harm to health
This is perhaps the most difficult area to classify as a crime. After all, when a person remains on the verge of life and death, isn’t this serious harm to health? At the same time, inflicting such damage, did the criminal really want to simply injure a person? Or did he want to kill him, but for some reason could not achieve his goal?
Example . B.A. Dyorov beat his colleague A.S. Stepanov, allegedly due to secret machinations. At A.S. Stepanov, multiple rib fractures and damage to internal organs were discovered, resulting in internal hemorrhage. A.S. Stepanov miraculously survived, and B. A. Derov was tried under Art. 30, 105 of the Criminal Code of the Russian Federation. The re-trial forced the investigation to change its decision, since it is assumed that B.A. Dyorov, under other circumstances, might not have inflicted fatal injuries with kicks and his intent was not to murder, but to inflict serious injuries. B. A. Derov was convicted under Art. 111.
How many nuances appear when considering just one psychological aspect—intention. In addition, with such distinctions between crimes that are similar, but differ in terms of punishment, there are also circumstances that prevented the person from being killed. For example, in a case where a criminal wanted to kill a person, but stopped at a certain moment, then this is Article 111; if he was detained, then this is already part 3 of Art. 30, 105 – attempted murder.
What factors cannot be considered cruelty in murder?
There are only two factors that have signs of cruelty in the deprivation of life, but at the same time are not it. We are talking about mocking the victim’s body and dismembering the body. In the first case, everything is simple - if the killer continued to abuse the victim after his death, then he will be charged with another very serious offense, namely Article 244 of the Criminal Code of the Russian Federation “Desecration of the body.” In the case of dismemberment, everything is more complicated. It will, of course, be taken into account by investigators and the court, but what factor it will act as when passing a sentence is another question. And only the judge himself can answer it, based on his own practice.
Customer Reviews
Gratitude from N.A. Uvarova I express my deep gratitude to lawyer Sergei Vyacheslavovich for his attitude towards me and my question. There are no words to describe the feelings of gratitude for the professionalism shown and the greatest human sympathy and understanding! All the best to you! Health, success in work and long life!
Thank you very much! Sincerely, Nadezhda Anatolyevna Uvarova, 07/25/2019
Feedback from Gizatullina Dear leader!
I would like to express my deep gratitude to lawyer Lidiya Aleksandrovna Kuznetsova for her professional advice in solving my problem, for her sensitive, attentive attitude towards me as a client, for her competent approach to the matter. I also want to express my sincere gratitude to the team for their friendliness and professionalism. I wish you continued success in your legal career.
Gratitude from V.N. Skorokhodova Dear Alexander Viktorovich! Let me express my sincere gratitude to you for your understanding, sensitive approach to the situation, openness, emotions and professionalism. I wish you good luck, success in your work and prosperity.
Sincerely, Skorokhodova V.N.
Thanks to Mavrichev S.V. from Bars Dan A. I thank the wonderful Lawyer Sergei Vyacheslavovich Mavrichev for thorough, competent advice and human mutual assistance to all his clients who are in deep need of qualified and timely legal and psychological advice.
Leopard Dana A. 09/18/2018
Gratitude from gr. Bogodyazh N.G. I, Bogodyazh N.G. turned to the Legal Agency of St. Petersburg for help in a dispute with the company RTC JSC regarding the refusal to return the goods in accordance with the rules of trade, thereby my consumer rights were violated.
Thanks to the company’s lawyer, Stepanov D.Yu., I was able to return the money for the low-quality product, and I also received an apology from my opponent. I would like to express my gratitude for the qualified assistance provided to me by D. Yu. Stepanov and the Legal Agency of St. Petersburg.
With gratitude, Bogodyazh.
Thanks to Pavlyuchenko A.V. from Astafieva A.S. I express my gratitude to the Legal Agency and in particular to lawyer Alexander Viktorovich Pavlyuchenko for the work done, high qualifications and high-quality approach. Thanks to Alexander Viktorovich, we managed to achieve a result in court in a case on the protection of consumer rights that I did not even expect. The amount recovered in court even exceeded my expectations. Thank you very much for your qualified work and professionalism.
Sincerely, Astafieva A.S., 03/01/2019
Gratitude from Plisetsky V.V. I would like to express my gratitude to Sergei Vyacheslavovich Mavrichev for his sensitive attitude and understanding towards clients. The issue was resolved within one day. I am very grateful to Sergei Vyacheslavovich.
Plisetsky V.V. October 19, 2018
Gratitude from Busygin A.I. I express my gratitude to Vasily Anatolyevich Kavalyauskas for the qualified management of my case, competent advice and justification for the decision, which led to compensation of the stated claims.
Sincerely, Busygin Alexander Ivanovich
26.12.2017
Review by Lobova E.I. Dear Lyubov Vladimirovna, I, Evgenia Ilyinichna Lobova, would like to express my deep gratitude to lawyer Yuri Vladimirovich Sukhovarov for the objective, complete, competent consultation on an issue that interests me. As theater begins with a hanger, I cannot help but note the exceptional politeness of the administrator Daria Vladimirovna Kutuzova.
I wish you great success! Lobova E.I.
Gratitude from Elena and Alexander I sincerely thank lawyer Vasily Anatolyevich for his qualified and polite service. We will always contact you and tell our friends. Thank you.
Elena
Alexander 998-98-59
You are viewing the Murder section
- At least two people (or more) become victims of murder.
- Criminals kill a person who fulfills his official duties and observes his public duty. Relatives of such a person can become victims.
- Murder + kidnapping. Here - causing the death of a young child or simply a clearly helpless person (disabled, elderly, sick).
- The victim is a pregnant woman, and the criminals know this.
- Particular cruelty of the crime (burning alive, slow drowning, with torture).
- The chosen method of murder is generally dangerous. It’s one thing to shoot a person in a dark alley, another thing to start a shootout in a shopping center, where there are many possible random victims.
- The motive is blood feud. The qualification of such cases involves a lot of nuances. For example, the killer must be related to a nation that practices such revenge.
- Murder is committed by a group of any degree of organization.
- The victim dies as a result of robbery, robbery, or bandit attack. As an option - hired murder, as well as obvious self-interest.
- Criminals are driven by hooligan motives. This may include the desire to distinguish oneself, to oppose oneself to the victim and the law.
- Rape + murder. The desire to hide some crime.
- There is a hostile attitude towards a person of a certain nationality, political beliefs, belonging to a hated religious denomination.
- Murder + use of internal organs/tissues.
You are viewing the Murder section
- Immediately or shortly after birth, the mother kills her newborn child. It is believed that in this case the woman is in a state of extreme stress and often loses the ability to fully understand and control her actions. Article 106 is considered very ambiguous by practicing criminologists and ordinary people. The need to tighten punishment for mothers in such cases has been discussed for a long time.
- Murderers often appeal to Article 107, which talks about the state of passion. If a person has become a victim of bullying or torture, he can often turn into a punisher. In such cases, one of the key factors in proving/refusing affect is the conclusion of a psychological and psychiatric examination.
- One of the less recognized articles by the courts is the excess of defensive measures. Judicial practice knows a huge number of cases when crimes are reclassified from Art. 108 at station 105. Murders specifically under Article 108 are considered one of the most difficult to prove.
Court decisions
Mitigation of the sentence under Art. 159 part 4: is it possible to reduce the punishment for fraud on a particularly large scale?
Robbery is discord: how to achieve a lenient sentence under a “harsh” article
The term was reduced by 6 times: defense of the accused under Article 228.1 of the Criminal Code of the Russian Federation
Article - fraud: how to get rid of unfounded accusations?
They planted drugs at a disco
