In Russia, violence is considered a criminal offense. And a certain punishment is due for him. Which one? It is difficult to predict, because many factors play a role. When it comes to violence that was committed against government officials, you can refer to article 318 of the Criminal Code. This is where the possible penalties for the offense are indicated. What to prepare for under certain circumstances? The Criminal Code of the Russian Federation will tell us about this.
Fine
So, the first measure is nothing but a fine. Or, as they are called correctly, fines. For the use of violence against certain authorities, according to Art. 318 of the Criminal Code, the offender will face a cash payment. True, this rule applies only when the victim has performed his duties. And of course, do not forget that the violence applied to the family of a representative of the authorities is also punished in the same way. It is important to note: there are only threats. Or just life-threatening violence.
How much do you have to pay? The amount is established during the judicial debate, but it does not exceed 200,000 rubles. Or, as article No. 318 of the Criminal Code of the Russian Federation states, it is possible to recover income from the defendant for a certain period of time. It should not be more than 18 months (or 1.5 years).
To work
Another form of criminal responsibility is the assignment of community service. Frankly, they are very often sentenced for criminals for violence. This is not such a serious measure, but it does take place.
Article 318 of the Criminal Code of the Russian Federation indicates that this punishment can be applied to the offender who committed non-dangerous violence (or threatened them) against government officials, as well as their families and families. That is, instead of cash payments, you may be assigned a certain work for a given term.
In this situation, according to article 318 of the Criminal Code, the so-called forced labor takes place. The specific term will be determined by the court individually. But there are some limitations to this sentence. The thing is that the maximum duration of forced labor cannot exceed 5 years. Although most often it is precisely the maximum given for violence against government officials. With rare exceptions.
Arrests
Article 318 of the Criminal Code of the Russian Federation also states that various measures of punishment of criminals are relied on for non-dangerous violence or for the immediate threat of its use. Fines and community service are, of course, not the only options that may occur. And not everyone is afraid of them.
A far more serious option is to seize. This is more associated with criminal liability. Thus, Article 318 of the Criminal Code of the Russian Federation provides for the arrest of a criminal for violence and his threat to a representative of the authorities, as well as against his relatives and family.
The duration of this measure is not too long. The exact term, again, will be established by the court after studying all the circumstances of the case. But if you rely on the data written in the Criminal Code of the Russian Federation, the maximum that shines on the offender is 6 months of arrest. Not the most serious punishment, given that most often criminals are ready for this measure.
Behind bars
Well, there are more familiar criminal liability options. It’s not a secret to anyone that most often criminality is associated with prison. And violence against a representative of the government, as well as his family, which is not dangerous to health and life (the threats thereof, are also taken into account), according to the text of Article 318 of the Criminal Code of the Russian Federation, may be punishable by imprisonment.
It is this point that makes you think before breaking the law. Nevertheless, the deprivation of liberty provided for a committed act in the form of violence or threats of its use is not too large. The maximum that is laid on the offender is 5 years. But an exact sentence is issued only after a thorough review of the case. In practice, the maximum duration is rarely assigned for harmless to health violence or for threats of its use. Most often, criminals are punished with the ruble. But imprisonment also takes place.
Danger is near
But what about if violence was applied to families / close or immediate representatives of the authorities, but dangerous to the life and health of citizens? In this case, as you might guess, the punishment will be really serious.
Article 318 of the Criminal Code of the Russian Federation indicates that there is only one measure applicable to criminals in this case. Moreover, there is no longer any arrest, nor monetary payments in the form of fines or compensation for non-pecuniary damage, or public works. Only imprisonment.
So, if there was violence characterized as dangerous for the health and life of the victims, then the verdict (318 of the Criminal Code of the Russian Federation will help in passing it) is expressed only in prison. For what period? Maximum for 120 months (10 years). Such measures are provided for by modern Russian legislation. No other is given. A sentence can be handed down in a milder or tougher form - it all depends on the presence of extenuating or aggravating circumstances.
Comments
It is worth paying attention to what comment is attached to article 318 of the Criminal Code of the Russian Federation. It helps to fully understand who such a representative of the government is, what he is endowed with, and also reveals the elements of the crime. Indeed, in the absence thereof there will be no offense.
Government officials are officials. They have certain administrative powers, as well as subordinates. It doesn't matter what kind of power is involved. All representatives of these may be victims (for example, employees of the Ministry of Internal Affairs or local authorities). Families of these citizens are also able to act as victims.
Art. 318 of the Criminal Code of the Russian Federation provides for punishment for the use of violence against high-ranking persons only when the act was committed in the exercise of legal actions by the victims, in the exercise of official powers. And the objective side of the crime is characterized by the use of violence in any of its manifestations. It doesn’t matter if it’s physical or psychological. The subjective side implies direct intent. That is, the offender is fully aware of what he is doing. Moreover, he wants to use violence against the victim for various purposes, and also anticipates the consequences. More precisely, understands their offensive.