A threat to the life and health of another person is considered a dangerous crime against a person. The domestic Criminal Code provides for an appropriate norm that characterizes the composition and establishes punishment for such an act. We will consider it in more detail below.
199 article of the Russian Federation "Threat"
Part 1 establishes the general composition of the act. The norm provides for punishment if there was a threat of murder or beatings and if there were reasons to be afraid of these warnings. The guilty person in such cases may be assigned:
- Up to 2 years in prison.
- Arrest up to six months.
- Up to 2 years of forced labor.
- Up to 480 hours of compulsory work.
- Up to 2 years of freedom restriction.
Aggravating circumstances
The threat of murder or other reprisal may be committed on the grounds of religious, racial, ideological, national or political hatred or enmity or as a result of hostility of any social group. In this case, the sanctions are as follows:
- Up to 5 years of forced labor.
- Imprisonment for the same period.
In addition to the verdict, the court may prohibit holding certain posts or performing any specific activity for three years.
Threat article: comments
The previous criminal law of 1960 provided for Art. 270. She qualified acts against public order and security, as well as the health of citizens. The new code establishes Art. 119. It is included in the section of norms that deal with crimes against the health and life of the population. From its dispositive part an indication of a warning about the destruction of property as a qualifying attribute is excluded.
Features of manifestation
A statement to the police about a life threat is filed if the victim clearly understood that there is a possibility of reprisal against him. Warnings about the use of force against him should be expressed in an understandable form both for him and for other persons. This can be done orally, in writing, by telegraph, telephone, fax and so on. The article for threats extends to actions aimed at the relatives of the victim. Alerts can be sent through neighbors or friends and acquaintances. They can be addressed to the victim in public speaking.
The specifics of the objective part
The article for threats clearly defines the object on which the perpetrator encroaches. Thus, warnings of rape, robbery and other things will not constitute the corpus delicti. The threat must be expressed specifically. It should become clear to the victim how, by what, by what behavioral acts the perpetrator intends to realize his warnings. Along with this, the threats must be real. In its commentary, the Sun indicated that liability only takes place if the victim has sufficient grounds for concern. They may indicate motives by which warnings were brought to the attention of, the relationship between the guilty and the victim, information about individuals, the conditions in which the reprisal was expressed. Thus, the article for threats is applicable if the reality of the embodiment of words is determined. To establish this, it matters how not only the victim himself perceives the warning, but also the people around him, familiar with both him and the perpetrator.
Delineation from other acts
The article for threats applies from the moment the warning is pronounced in the presence of the victim or other people. If a person learned about the reprisal from a written or other message, then you can be held accountable from the moment you familiarize yourself with the message. The threat of murder or other reprisals must be distinguished from preparation for these acts, as well as from some other related crimes. It should be said that in the structure of the formation of an unlawful action, a warning of this kind acts as intent. It is not punishable by itself. But the Criminal Code takes into account the need to strengthen protection and personal protection. In this regard, the threat of murder and other reprisals stands out as an independent structure. For example, if, warning about the use of force, the guilty fled for the victim with a knife, but did not catch him, then the behavior of the first is qualified according to Art. 105, Art. 30 or Art. 111. The use of a particular norm will depend on the specific circumstances of the incident. The threat in the above example turns into a proof of guilt and is not subject to qualification under Art. 119. At the same time, acts that are not aimed at causing death to the victim constitute only a warning. They cannot be considered an attempted murder.
Subjective part
This side of the criminal act in question may be expressed solely in direct intent. The culprit realizes that he threatens the victim with beating or killing. In this case, the subject wants these consequences to occur. The motive may be careerist or hooligan motives, jealousy, envy, revenge, hatred, and so on. You can be held liable for a commented article by a sane 16-year-old citizen.
Additionally
Hooligan impudent actions with a knife, when a warning about causing death was sent in relation to an indefinite category of persons, is incorrectly regarded as a threat of murder. Saying words about reprisal may be part of other crimes. For example, it can be rape, robbery, extortion. In such and other similar situations, article 119 of the Criminal Code does not apply.