Article 30 of the Criminal Code of the Russian Federation - Preparation for a crime and attempted crime

1. Preparation for a crime is the search, manufacture or adaptation by a person of means or instruments for committing a crime, the search for accomplices to a crime, conspiracy to commit a crime or other deliberate creation of conditions for the commission of a crime, if the crime was not completed due to reasons beyond the control of this person. circumstances.

2. Criminal liability arises for preparation only for grave and especially grave crimes.

3. An attempted crime is the intentional actions (inaction) of a person directly aimed at committing a crime, if the crime was not completed due to circumstances beyond the control of this person.

• Article 29. Completed and unfinished crimes
• Article 31. Voluntary renunciation of a crime

Attempted murder, Article 30 of the Criminal Code of the Russian Federation

There is no separate legislative provision providing for punishment. The list of all applied sanctions is described in detail in Art. 105, which, in fact, has the general name “Murder”. Punishments mainly consist of deprivation/restriction of freedom. The period of time for which this occurs is from 6 years to life imprisonment. In some situations the death penalty is provided. However, the judge takes into account all the circumstances.

The corpus delicti under Article 30 of the Criminal Code of the Russian Federation

In this case, it is worth taking into account a few simple concepts.

• Subjective side. Awareness by the perpetrator of a social danger. Foresight on his part of the inevitability of death. Thirst on the part of the perpetrator for the death of the victim. That is, intent can only be direct. This means that the criminal wants the victim to disappear (to die).
• Subject. They can be any person who has reached 14 years of age. If the first sign is absent, a minor and even an adult citizen, if this sign is present, can avoid liability directly under the Criminal Code of the Russian Federation.
• An object. It is usually understood as an injured person who has become a victim of a crime that was not fully committed.
• Objective side. We are talking directly about the cause-and-effect relationship between the act and the consequences that subsequently occurred. It cannot be complete, since the results of a failed crime do not depend on the will of the criminal.

Under what article is the punishment determined?

As already noted, there is no legislation in this direction. The judicial conclusion, in simple words, the sentence, will describe Article 105 “Murder”, however, along with this, the fiscal authority will rely on the provisions of Article 30 “Preparation ...”. It is reasonable to assume that the sanctions applied in this case are not comparable to those applied in the event of the death of the victim.

However, the courts decide these issues individually in accordance with the specific circumstances:

• Part 1 Art. 105 states that in case of causing harm to a third party, which implied intent, the penalty is up to 15 years of LS or 2 years of OS;
• Part 2 indicates the likelihood of an increase in punishment due to excessive social danger (if the attempt occurred on two people, a pregnant woman, etc.);
• the greatest severity is observed in the case of more serious violations, it consists of 20 years of medical treatment and 2 years of OS maximum, along with this, life imprisonment or the death penalty may occur;
• Part 2 of the Resolution discussed above contains information that the murder of one individual and the attempted deprivation of life of a second person cannot be classified as a completed act of “murder of two persons” under Art. 30 or 105 of the Criminal Code of the Russian Federation.

Determination principle

So how many years will you have to serve in prison? In Art. 66 of the Criminal Code of the Russian Federation says that situations can be different. In total, this legislative norm contains 4 points. The first of them deals with preparation for an atrocity. In such cases, the court, when imposing a punishment, must take into account all the circumstances. This is especially true for those moments that led to the failure of the crime. It is worth noting that in this case they cannot be imprisoned for life, nor can they impose the death penalty. The term, in turn, should not be more than 3/4 of the maximum term of the most severe sanction. So, based on the data in Art. 66 of the Criminal Code of the Russian Federation, you can calculate the total number of years.

• If we consider the nuances of Part 1 of Art. 105, within this framework the maximum penalty will be 15 years of drugs. The maximum penalty in case of attempted deprivation of another person’s life is 11.25 years. In this case, the court, based on the specific circumstances of the case, may reduce this punishment. At the same time, the fiscal authority has no right to increase it.
• According to Part 2 of Art. 105, more stringent sanctions are imposed, which imply OS for 1-2 years. In the case of murder, the death penalty or life imprisonment may be imposed. As for the assassination attempt, the “tower” does not “shine” for it. The maximum period of time is LS – 15, OS – 1.5 years.
• According to Art. 30, if the offender was in a state of passion, the standards of Art. 107 of the Criminal Code of the Russian Federation. It is worth noting that affect is usually understood as serious emotional disturbance provoked by mental trauma, insult, or immoral act of the victim. In contrast to the previous paragraphs, the sanctions under this article are considered more lenient, because the victim himself provokes the perpetrator to commit a crime. If the criminal never completed the case for objective reasons, the court will treat him more loyally.
• According to Part 1 of Art. 107 of the Criminal Code of the Russian Federation, sanctions may be as follows: – appointment of an IR for up to two years; – OS for 3 years; – sending to PR for 3 years; – full medical insurance for 3 years.

If we follow these legislative norms, we can conclude that an attempt in the case of passion implies the imposition of a minimum sanction of 2.25 years of drugs.

• According to the norms of Part 2 of Art. 107 provides for the following penalties: – appointment of a PR for 5 years; – absolute imprisonment of the guilty person for 5 years.

It is permissible for the court to also apply the standards of Art. 66 to determine the maximum possible period. On average, it is equal to 3.75 years of medicine.

• According to Art. 30 and part 1 of another article, punishment is provided in case of intoxication (due to alcohol or drugs). The maximum period of strict punishment is 11.25 years of medical treatment and 1.5 years of OS. However, the law specifies a list of circumstances that can mitigate the degree of punishment. It also indicates the fact that there is the possibility of aggravating circumstances.

Similarly, it is possible to determine punishments for attempted murder based on other articles. For example, for a mother’s attempt to kill a newborn child (regulations - Articles 30 and 106 of the Criminal Code of the Russian Federation). These standards contain an indication of mitigating circumstances in the form of emotional excitement and situations of a traumatic nature.

It is the court that decides what punishment will follow for the committed act:

• restriction of freedom for 2-4 years;
• sending the guilty person to prison for 5 years.

So, if a mother attempted to kill her baby, she faces a maximum of 3.74 years (5 years * 3/4). If the potential killer attempted the life of a pregnant victim (and he knew this), he would receive severe punishment.

It is logical to assume that when a criminal act is brought to an end, the punishments will be as severe as possible. You can be completely deprived of your freedom for 20 years, but the court has the right to limit it for only 2 years. In this case, the death penalty and life imprisonment are also provided.

In Art. 66 of the Criminal Code of the Russian Federation there is a direct indication that the highest penalty for attempted crimes is not accepted. This means that the maximum penalty is 3/4 of the most severe penalty. In our case, this is 20*3/4, that is, 15 years of imprisonment, as well as 2*3/4, that is, 1.5 years of restriction. Of course, the court may not impose the maximum punishment, but, taking into account specific circumstances, settle on lighter sanctions.

Arbitrage practice

Let's consider a situation where a citizen was detained by police officers after he attempted to sell a prohibited substance to his friend. However, the latter did not use it, but handed it over to law enforcement officers in order to expose the culprit. If, after arrest, a citizen confesses, the court may assign him a minimum sentence using Art. 30 part 3 of the Criminal Code of the Russian Federation.

The sentences for this act can reach six years, but taking into account the fact that the person has repented and confessed to his crime, he can receive only two years of isolation from society.

Attempted murder and threat: what are the differences?

For committing one of these crimes, 11 years are given, for the other - only 2. But this is far from the only difference between them. Unfinished murder (i.e., attempted murder, regulated by Articles 30 and 105 of the Criminal Code of the Russian Federation) is a complex issue, and in practice it can be problematic to solve. This is not so much about verbal threats as it is about the fact that assessing the seriousness of violations is not easy.

If for attempted murder you can go to jail for 11.25 years, then for threat the term on average is 5 times less. To easily understand this issue, it is worth familiarizing yourself with some data. They are presented in detail in the table.

They are presented in detail in the table.

In judicial practice, we are often talking about so-called “unsuitable attempted murders.” Their essence lies in the fact that they are committed by a person and cannot entail socially dangerous consequences. That is, there is no cause-and-effect relationship between them. This also indicates the absence of a mandatory criterion for corpus delicti. Accordingly, in this case it is impossible to talk about any specific article.

If we consider examples in practice, such acts include:

• conspiracies;
• rituals;
• spells;
• damage;
• whisperings from the attacker and a third party involved;
• visiting magicians and fortune tellers.

In the situations under consideration, liability for murder is not provided. This is due, first of all, to the fact that the actions of the guilty person are “defective,” although in practice they, unfortunately, can lead to some negative consequences.

That is, the court takes into account the fact that they do not entail the direct and immediate infliction of the desired harm, although they are aimed at worsening the quality of life of the potential victim and causing her certain damage. They are harmful to health and even to some extent to life.

Liability for voluntary renunciation of a crime

In Art. 31 of the Criminal Code of the Russian Federation, at the legislative level, refusal to complete an unfinished crime is recognized as voluntary, when all preparatory and preparatory actions for the intended crime cease.

Criminal liability for crimes that people changed their minds about voluntarily has its own characteristics. No measures of influence are applied to a specific person, they are not applied. But, if during the course of the crime being conceived and prepared, another criminal act was committed that violated the law, then one will have to answer for the crime committed.

The release of accomplices, as a group of accomplices in a crime, is more simplified than that of persons organizing illegal events and morally inciting them to commit it.

It is important to remember that it is possible to voluntarily stop illegal plans at any stage of the preparation and preparation of the action itself that violates the law until the moment it is committed. If the completion of a criminal act was prevented by external interference, this does not apply to a voluntary refusal to commit a crime.

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