In society, not only physical, but also psychological violence is widespread. One of the most famous forms of mental harm is threat. An article of the Criminal Code of the Russian Federation reveals this crime and establishes sanctions for it. It is the concept of threat that will be considered in this article.
The objective side of the crime
The object of the presented crime is only one. This is the principle of the inviolability of man (he must not be harmed). The objective side also stands out here. According to the article “Threat” of the Criminal Code of the Russian Federation (Article 119), this party includes a form for communicating information to the victim about possible harm or murder. The form may be written, electronic, oral or any other. Often a criminal demonstrates a tool with which he can kill or cause harm to his health, makes certain gestures, etc.
A threat can only be considered if it is concrete and real. Concreteness implies the unambiguous intentions of the offender to commit murder or harm health. Reality, however, appears in two forms: subjective and objective. A subjectively real threat is unlikely to entail any more serious acts. In such cases, the offender relies only on intimidation of the victim. Objectively real threat implies the existence of such conditions under which the offender can truly fulfill his intentions.
The subjective side of the crime
From the article of the Criminal Code of the Russian Federation “Threat”, one more aspect of the crime can be singled out - this time subjective. Specialists in the field of law consider the perpetrator a threat. Any person whose age is at least 16 years old may be such. It is also worth noting that the offender must be sane, that is, mentally healthy.
What is characteristic of the subjective side of the crime? The article of the Criminal Code of the Russian Federation “Threat” refers to direct intent. The perpetrator must be aware that the threat contains the intention to harm or even commit murder. The same applies to the victim. If he regards the threat as real, then the subjective criminal side has a full-fledged character.
The specifics of the crime
The victim can make a statement to the police under the article of the Criminal Code of the Russian Federation “Threats” only if there is every reason to believe that the criminal clearly indicated his intentions. It is advisable that not only the victim, but also a number of persons hear about intentions to use physical force. Citizens who will appear as witnesses at the trial will significantly contribute to the speedy imposition of sanctions on the offender.
Article 119 of the Russian Criminal Code states that threats to the relatives of an individual are also considered a crime. Moreover, the victim can be both the main person and his family.
Recently, the Supreme Court presented a number of factors by which the realities of threats can be determined. Firstly, these are motives. If the offender is not just “joking”, but has real motivation for killing or causing harm, then the objective side of the crime will be much more complete. Secondly, this is information about the identity of the offender. Threats may come from an elderly female teacher or from an unemployed citizen who has recently left prison. It is not difficult to determine who exactly here can be a criminal. Another important factor concerns the acceptance of threats by the victims themselves and his relatives. It is important to establish whether a citizen who receives threats considers himself to be a victim.
Aggravating circumstances
The threat can have a variety of sources. Usually a crime is connected with the desire to take revenge or just to intimidate. However, there are also factors that will significantly aggravate the situation. The article of the Criminal Code of the Russian Federation “Threat to life and health” speaks of the following motives:
- National;
- religious;
- political;
- racial;
- ideological or ideological.
The incitement of hatred in all areas presented will significantly increase sanctions. Moreover, the court may issue a ban on the ability to occupy some professional position for a certain period of time.
Sanction
Finally, it is worth paying attention to the sanctions established by the article “Threats” of the Criminal Code of the Russian Federation. The punishment for a crime of the type in question is provided for in paragraph 1 of Article 119 of the Criminal Code of the Russian Federation. Here's what to highlight here:
- restriction of freedom for up to 2 years;
- work of a mandatory nature up to 480 hours;
- arrest up to six months;
- imprisonment up to 2 years;
- forced labor up to 2 years.
Part 2 of the article “Threats” of the Criminal Code of the Russian Federation provides for sanctions for an aggravated crime. In fact, all the types of sanctions presented here are increased:
- restriction of freedom up to 4 years;
- imprisonment up to 3 years;
- ban on holding office.
The difference between a threat and an attempted murder
When studying criminal law, many citizens confuse two completely dissimilar crimes - attempt and threat. Moreover, there are situations that even professional lawyers cannot differentiate between these two forms of crime.
What is the difference between a threat and an attempt? It would seem that everything is quite simple. If a person does not move from words to actions, then this is a threat. If it passes, but it doesn’t succeed, then this is an attempted murder. You can give one example from judicial practice.
After a quarrel, one citizen pointed a gun at the body of another and said: "Say goodbye to life." How to evaluate this situation? The gun may have been loaded, and it was aimed directly at the victim’s chest. Is there an attempt here, or is there only a threat of violence? An article of the Criminal Code of the Russian Federation cannot provide an answer to this question, and therefore, the lawyers themselves have to understand. In the presented situation, it is necessary to pay attention to how the situation was resolved, as well as what intent the culprit had. So, if he removed the gun himself, then we can talk about the threat. If the conflict was resolved by a third party, who also saved the victim from the possible death, the court can regard the situation as an attempted murder.