An important issue for law enforcement is the attempted murder. The Criminal Code of the Russian Federation defines it as a crime, which often qualifies with great difficulty, since difficulties arise with the determination of all elements of the composition. Judicial practice has repeatedly encountered problems with the correct application of the criminal law and, accordingly, the choice of punishment, which directly depends on the stage of the intentional causing of death under consideration.
What is an attempt
Any crime has several stages, the passage of which makes it completed, their qualifications depend on them. The first stage is preparation, the second is just an assassination attempt, and then directly the commission of the act, that is, the fulfillment of the objective side. Article 30 of the Criminal Code of the Russian Federation fixes questions regarding the first two stages, but only one of them will be considered, namely the attempted crime.
The attempt is the stage at which the person intentionally commits actions aimed at the realization of the objective side of the crime, but does not bring it to the end. It is important to remember that this stage will exist only when there was a direct intention of the death of another citizen, but the act was not completed by the subject due to circumstances that obviously did not depend on him. This is an important and even significant aspect.
Signs
In the theory of criminal law, as well as in practice, a number of significant features are distinguished that determine the stage under consideration and distinguish it from others. Most often, preparation for a crime and attempted crime require differences. So, the signs of the second stage of any act include only three points that intersect with each other, they are necessary to determine the composition.
The first sign is the obligatory beginning of the fulfillment of the objective side. That is, during an attempt, unlike preparation, a person already begins to commit a crime, realizing his intentions and manifesting them outside. For example, attempted murder. The article of the Criminal Code of the Russian Federation, fixing responsibility for this act, extends its sanctions to the case when everything ends in the second stage of the crime.
The second sign is the lack of full implementation of the objective side. He echoes the first, demonstrating that the actions begin to be carried out, but at the same time do not reach the end, which is also important for the composition.
And the third, last sign, which is also enshrined in Article 30 of the Criminal Code, is circumstances independent of the subject of the crime. The act should be interrupted for reasons that were not in the plans of the person, that is, it is not his desire that would change the situation as a whole.
Types of attempt
There are several classifications of attempt. The first is a complete assassination attempt and an unfinished one. The criterion is the completeness of the actions of the offender. That is, the person either performs all the planned actions, but the negative result does not occur, or not all planned actions are performed. Most importantly, the crime should be interrupted due to circumstances beyond the control of the subject.
The second classification, which is also widely used, is the allocation of an unsuitable attempt on a crime as a species, which, in turn, is divided into two independent subspecies: an attempt on an unfit object, an object, or an attempt committed by an unfit weapon. The criterion in this case are objective signs, both mandatory and optional. An obvious circumstance appears here, which did not depend on the subject and prevented the completion of the act, namely the unsuitability of one of the elements of the composition.
Attempted murder. Criminal Code
This type of action is one of the most common and common in practice. Regulated, or rather, qualifies for 105 and at the same time 30 tbsp. Criminal Code of the Russian Federation. An attempted murder is a deliberate infliction of death that has been committed, but not completed for reasons beyond the control of the subject of the act.
Judicial practice proves that in most cases it is precisely this corpus delicti. Of course, the completed murder is committed more often, which is also demonstrated by statistics, but the incompleteness of this crime is a frequent phenomenon, and law enforcement agencies play a significant role in this, repeatedly preventing the killing of a person by their actions.
Objective signs
The attempted murder has its own mandatory attributes. The subject of this crime will also be the life of a person, regardless of whether the act is completed or not. In order to clearly distinguish this issue, when qualifying by the Supreme Court, the article of the Criminal Code of the Russian Federation is enacted (when the attempted murder was committed), securing the sanction for the actions in question, that is 105, as well as Art. 30 of the Criminal Code.
As for the objective side, two key points are important here. First, the act must not be completed. By this it is understood that the subject of the crime should not achieve the result to which he sought, namely the death of a person. However, if the actions are completed, but instead of death other serious consequences occur, then a completely different qualification will be applied.
The second point is circumstances. There must be reasons that are independent of the subject and which led to the crime being unfinished. It can be anything: the intervention of another person, unforeseen actions, changed conditions. Most importantly, the one who commits the crime does not want to interrupt him.
Subjective symptoms
The subject of any crime is a sane person, and an individual who has reached the age of criminal responsibility. In the case of murder, the lower age limit is set by law at fourteen years old, which is due to the fact that intentionally causing death, as well as attempted murder, is a particularly serious crime.
The subjective side is the mental attitude of the person to the act, manifested in one form or another of guilt. The attempt is always committed intentionally, and this is necessarily a direct intent. The person directs his actions and wishes the onset of negative consequences. The Criminal Code in article 105 gives a clear concept of murder, which does not allow another subjective side of this crime.
Assassination attempt: sentence
As mentioned above, the Supreme Court clearly explains how the qualification of the crime in question should be made. It is understood that for the attempted murder of the Criminal Code of the Russian Federation the term of punishment is determined depending on the sanction of Article 105. In addition, there is a rule also enshrined in the Criminal Code of the Russian Federation that the measure should not exceed three quarters of the maximum punishment.
Accordingly, if article 105 of the Criminal Code of the Russian Federation imposes a punishment for an unqualified act of up to fifteen years in prison for a qualified term of up to twenty years, then the attempted murder (Criminal Code of the Russian Federation) implies a reduction of these sentences by one fourth.