In relation to representatives of the authorities, quite often various events take place that allow us to say that they are, to put it mildly, not like. In connection with various events taking place with the participation of these persons, norms have been adopted at the legislative level that stipulate responsibility for infringing on the life and health of citizens endowed with authority.
In fact, the union of all existing articles in this regard has become in the current code of article 318 of the Criminal Code, the commentary to which states that this provision is a certain set of rules that were previously in the 1960 Criminal Code.
Who is the victim?
In fact, government officials are often exposed to all kinds of dangers from citizens. That is why it became necessary to introduce articles in the criminal code that contain sanctions, up to the appointment of a real term in a custodial institution, for the use of violence against persons performing their official duties in accordance with the job description.
To the authorities, according to the notes to Art. 318, it is customary to classify those who are an official who works in law enforcement bodies and has administrative powers in relation to all other citizens (not necessarily Russian). At the same time, it is noted that these representatives of the authorities should not be relative to the people to whom they apply their power capabilities, depending on the service.
Thus, for ease of understanding, it is possible to call the representatives of the authorities police officers, since basically they can be subjected to all kinds of violence. Although, for the sake of fairness, it is worth noting that such persons include customs officers, the migration service, sanitary control, road freight and veterinary control, similar employees.
First part
Police officers, in accordance with their duties, carry out various instructions of the leadership, protecting order in the territory that is in their department.
The Criminal Code distinguishes violence to which authorities may be exposed as not dangerous to life and health and vice versa - associated with a real threat to the general health or existence of an employee.
It is worth noting that Art. 318 of the Criminal Code of the Russian Federation provides for such acts of the perpetrator that were committed in connection with the performance by an employee of his duties. Thus, if the victim is not in the service, and the motives of the action are not related to this, the crime can be considered in the framework of other articles of a general nature. Whereas this article is a special rule in the Criminal Code.
Criminal action
Part one notes the use of violence, which is not dangerous to the health and life of the policeman, or the threat of using this type of violence. In addition, even the fact that the perpetrator used or threatened the close relatives of the employee would be considered a crime.
Non-dangerous violence can be of various kinds. In particular, it includes such actions as binding, keeping indoors and others, that is, those that do not cause particularly intense physical pain to the victim and do not entail any negative consequences for well-being and further life activities.
Punishment
The sanctions that apply to the guilty person begin from a fine of up to 200 thousand rubles to imprisonment for up to 5 years. Thus, the crime committed under Art. 318, moderate.
Some articles of the Criminal Code contain provisions that provide for exemption from criminal liability if the perpetrator committed an act for the first time, but collaborated with the investigation, made amends, etc. However, this in no way applies to the use of violence against a staff member.
Qualified crime
The second part of Article 318 of the Russian Federation provided that the violence applied to a representative of the authorities may not be limited, for example, to binding, but become dangerous to health and life. The situation also noted similar actions in relation to the relatives of the victim.
This refers to several degrees of severity of damage to health that may occur during the commission of a crime - light damage, moderate and severe. These can be ordinary beatings, which, bypassing Article 111 of the Criminal Code of the Russian Federation, are qualified under Part 2 of Art. 318 of the Tax Code of the Russian Federation. In relation to this, it can be noted that such actions can cause damage to health from mild to severe. After all, it is not known how the perpetrator struck damaging blows, for example, to the victim of the crime.
All other actions involve violence that causes physical pain, from small to significant. The strength of the pain experienced by the victim (if he is alive) is usually indicated in the protocols. When qualifying this crime under Art. 318, it is worth paying attention to the comments and notes that exist in the Criminal Code to the relevant articles if violence were applied to ordinary citizens.
Measures
The punishment associated with the infliction of tangible harm to health, not already associated with threats, but real, provides for a prison term of up to 10 years for a guilty person.
There is no lower limit, since the number of years a criminal will have to spend in prison is determined based on the severity of the damage to the health of the employee or his family.
Features of the norm
It should be noted some points related to Art. 318 of the Criminal Code. First of all, the crime is connected, on the part of the perpetrator, with the fact that he either impedes the execution of official instructions by a police officer or other control body, or avenges the work already done.
By the way, this can include any criminal actions, within the framework of this article, in relation to investigators, judges and prosecutors, who at one time contributed to the fact that some criminal was imprisoned.
In addition, any threats, including the threat of murder, the use of violence against an employee and his relatives, should not be considered under general articles, but under art. 318 of the Criminal Code.
In the event that the act was committed by a person who is 14 years old but not yet 16 years old, the crime must be qualified according to the relevant articles provided for ordinary citizens. At the same time, the degree of intentional infliction of harm to health is noted mainly - grave and moderate, and the provisions of the Criminal Code - 111 or 112.
Part 1 of article 318 of the Criminal Code: sentences
In one of his speeches about the rallies on Bolotnaya Square , Vladimir Putin expressed a rather interesting idea.
He said that if everyone was allowed to break shoulder straps and strangle government officials, the country would soon be left without a law enforcement system. No assault on employees. For example, in the USA they take this more strictly - even if a person poses a certain danger to a policeman, puts his hand in his pocket and pulls something out, a government official can shoot him. And he will be right.
Thus, we can assume, and judging by the statistics, those who first commit a crime under Part 1 of Art. 318 of the Tax Code of the Russian Federation (or for the first time in general), it will be primarily a fine (in 97% of cases) or conditional punishment, while the rest will serve their sentences either in the form of work or a real term in a colony.