In the modern world, many believe that it is not necessary to have a higher legal education to understand and interpret the article of a law. Unfortunately, this is a big mistake, because reading the text of an article or even the whole law is often not enough. That is why it is necessary to be able to interpret and disclose the meaning of the norm, for this there are comments, resolutions and additions. Some of them come from the authorities, some from scientists and teachers, but in general they are all aimed at understanding the essence of the norm. So, for example, now we will analyze article 114 of the Criminal Code of the Russian Federation, which at first glance may seem easy, but actually has some nuances and features.
Brief description of the article
The norm under consideration has a long name, the essence of which is to exceed the limits permitted by law, within which the necessary defense and measures are necessary to detain the suspect. Moreover, as a result of such excesses, the victim must be inflicted serious or moderate harm to health. The article has two parts. The first is devoted to the necessary defense, and the second, respectively, to the measures that are used by employees to detain criminals. We will conduct an approximate analysis of Article 114 of the Criminal Code of the Russian Federation, thanks to which we will try to make the norm more transparent and understandable for the average person.
What is necessary defense?
This is a special condition that occurs in a person when his rights and freedoms are violated or a real threat of their violation is created. The main thing at this institute is the presence of a dangerous assault, which should appear together with the physical impact, which as a result puts life in danger. A man under the forces of fear and threats is forced to commit an unlawful act in order to protect his life and health or the condition of his relatives. Article 37 of the Criminal Code excludes criminal acts when the person was in a state of necessary defense. Article 114 of the Criminal Code of the Russian Federation allows to prosecute people who exceed the limits of this same defense.
Measures needed to detain a suspect
If in the first case a state of defense can occur in any person, then the second option is provided for a particular subject. The person who harmed another during his detention is not punished and not held accountable. The motives of the person who caused the harm should be the suppression of criminal activity and the transfer of the offender to the police or other authorities. The subject can be both police officers and any citizens who have shown an indifferent position and have attempted to stop the crime and take the suspect to a designated place. It is the excess of these measures that the legislator speaks in part 2 of article 114 of the Criminal Code of the Russian Federation.
Excess Defense Required
In the analysis and qualifications of a committed act, value categories are important. That is, it is necessary to establish whether the person really got into such a situation and whether the threat was commensurate with the damage that was done to the attacker. Part 1 of Article 114 of the Criminal Code of the Russian Federation under the excess of self-defense means the deliberate actions of the suspect, which led to dangerous consequences that were close, but not equated with the death of the victim. There may be aggressive active behavior of the victim, but he did not create a threat to the extent that he was caused serious or moderate harm to health.
Corpus delicti. Part 1
Let us conduct a general analysis of Article 114 of the Criminal Code of the Russian Federation, namely, first of all, Part 1.
- The object is security, as well as human life and health, which are proclaimed the main value in the work of the state.
- The objective side is the infliction of life-threatening harm to health as a result of protection against encroachment, but exceeding the limits permitted by law. In this situation, the discrepancy between the applicable protective measures and the degree of danger of the attack should be clearly shown.
- Subject - a person aged 16 years or more.
- The subjective side is intentional guilt. The peculiarity of such a crime is the suddenness and spontaneity of the intent that arose; a person should not plan it in advance.
Having examined the corpus delicti provided for in Part 1, we tried to formulate a full-fledged idea of what the crime is and what features it has. Necessary defense is a specific category in criminal law that requires detailed subjective research and analysis.
Excess of measures necessary to detain a suspect
This phenomenon is regulated by Part 2 of Article 114 of the Criminal Code of the Russian Federation, which exists as a separate crime. The peculiarity of this article is that it consists of two parts and each of them represents an independent corpus delicti, and not an additional and qualified one. The excess is the apparent inconsistency of the measures taken to the suspect with the nature and danger of the actions committed by him. This is a situation where a potential criminal committed unlawful acts, but they are not so dangerous as to cause him serious harm.
Corpus delicti. Part 2
By analogy with part 1, we will analyze the crime described in part 2 of article 114:
- The object is the same as in the first part - security and human life.
- The objective side is the infliction of harm dangerous to the health of the detainee who committed the crime, exceeding the permissible detention measures. The harm caused to the detainee is not proportionate to the danger of the crime committed.
- Subject - a person aged 16 years or more.
- The subjective side is sudden intent, as in the first case.
We note important information, part 4 of article 114 of the Criminal Code, as well as 3, are excluded from the criminal code, which means that there are only two parts. They are not related to each other and are not dependent on each other, as noted earlier, they are a description of individual crimes without additional signs.
Conclusion
Now we have formed a full-fledged commentary on Article 114 of the Criminal Code of the Russian Federation, which reflected not only the elements of crimes, but also defined important common institutions in criminal law - the necessary defense and measures that are used to detain a suspect. An article is difficult to understand because it refers to other articles of the Criminal Code, which means it is a reference. It is necessary to conduct a detailed analysis of the nature of violence and its proportionality to external factors and provocation. In addition, it is important to understand that causing suffering through negligence is not a crime, it can only be committed with intent, when a person was aware and wanted to harm another. Both compounds are dangerous, you need to clearly and fully understand their essence and specific features.