The most cruel and terrible crime that a person is capable of is considered murder. For such an act, the Criminal Code (CC) of the Russian Federation provides for tougher punishment, up to life imprisonment. How much will be given to the defendant for the murder of a person depends on the causes of the criminal act, severity, and other circumstances.
Killing qualifications
In accordance with the Criminal Code, crimes are divided into several types, on which the term of imprisonment depends.
- Ordinary kill. The punishment for this category is presented in part 1 of article 105 of the Criminal Code. A citizen who committed acts that resulted in the death of a person due to malicious intent, revenge, as a result of a fight, shall be sentenced by the court to imprisonment from 6 to 15 years.
- Aggravated homicide. Qualifies as particularly severe. It is considered 105 articles of part 2 of the Criminal Code. How much will be given for killing a person depends on the nature of the crime. In the best case, it is supposed to imprison the defendant for a period of 8 years. At worst, life imprisonment.
- Privileged crimes. Such killings are committed in a state of psychological breakdown or unintentionally. They pose a lesser danger to society, therefore the sentences are more loyal - from 2 years of restriction of freedom (suspended sentence) to 5 years of imprisonment in accordance with Articles 106-109 of the Criminal Code of the Russian Federation.
Murder circumstances
When a final verdict is passed to a criminal, the court takes into account the motives of the crime and circumstances. Some of them are softening, others, on the contrary, are aggravating. The decision depends on how much they will give for the murder of the defendant.
- The condition of the killer.
Aggravating : alcohol intoxication, malicious intent, preliminary conspiracy.
Mitigating : the state of affect, insanity, regret about the act, guilty awareness, willingness to suffer a fair punishment. - The nature of the crime.
Aggravating : intentional, planned, spontaneous or group murder.
Mitigating : accidental crime (through negligence), in order to protect, in the performance of duties or to assist in the capture of the offender. - Interaction with the investigation.
Mitigating: sincere recognition, help in clarifying the circumstances and collecting evidence.
Aggravating: resistance to detention, harming authorities. - The age of the defendant . Persons over 14 years of age at the time the crime was committed are held criminally liable. For minors, the law provides for “concessions” that limit the term of imprisonment.
105 article of the Criminal Code. Part 2
Particularly serious crimes. How much is given for the intentional killing of a person under aggravating circumstances? It depends on many factors: the method of committing a crime, public danger, and even on the one who became the victim of the act. The term of imprisonment is from 8 years in prison to life imprisonment.
Paragraphs of Article 105 of Part 2, circumstances of the murder:
a) The death of several people.
b) The murder of a person performing a civil duty or who is in the line of duty.
c) Crime over a minor or kidnapping a victim.
d) The death of a pregnant woman.
e) Particularly brutal murder.
f) The method of crime is recognized as dangerous to society.
g) Group act.
h) Selfish motives or murder for hire.
i) Hooligan motives.
j) With rape, abuse of the victim.
k) Motives that are associated with religious, racial, political conflicts.
l) To use the body of the victim for personal gain (sell organs, tissues of the murdered).
106 article of the Criminal Code
The killing of a newborn by a mother who is in a state of mental disorder after or during childbirth threatens the woman with a suspended sentence of 2 to 4 years or up to 5 years in prison. If the crime is committed intentionally, the case is examined under the relevant articles, and the sentence is increased.
107 article of the Criminal Code
Crime committed in an insane state. This is the name of a strong and pronounced impulse of emotions, as a result of which a person loses the ability to think, to control himself. A similar state manifests itself with loud screams, incoherent and meaningless speech, and sudden movements. Strong emotional experiences, bullying of a person, insults and other immoral acts can provoke an inadequate reaction.
How many years are given for killing a person in a state of passion? If the defendant is recognized as insane by psychological and psychiatric examination, the term of punishment is limited to 3 years of restriction or imprisonment.
108 article of the Criminal Code
How many years are given for killing a person depends on the specific circumstances that led to death. Exceeding self-defense threatens the defendant with up to 2 years of probation or imprisonment for the same period. If the necessary measures are exceeded with the assistance in the detention of the offender, the Criminal Code provides for a punishment of up to 3 years of probation or imprisonment.
109 article of the Criminal Code
Manslaughter that resulted in the death of the victim as a result of the carelessness and frivolity of the defendant. How much is given for killing a person by negligence? If the crime occurred as a result of improper performance of official duties, then it entails a punishment of up to 3 years - deprivation or restriction of liberty, removal from office. In the event of an error resulting in the death of a person, the defendant faces up to 2 years of suspended or actual term.
Killing several people
Usually a gang crime is intentional. It can be spontaneous or planned, which has no role in the sentencing. The murder of several people is considered in Part 2 of Article 105 of the Criminal Code of the Russian Federation and provides for severe punishment in the form of imprisonment of 8, and sometimes life imprisonment. From the motives of the crime depends on how much will be given for killing a person. If the killer takes the lives of several people on purpose, then he is convicted under paragraph "a" of article 105, part 2 of the Criminal Code.
In the case when a criminal kills one person, but his actions entail the death of people not involved in the case (in case of poisoning, explosion, shots in a public place), the case is considered in accordance with paragraph “e” of Art. 105, part 2 of the Criminal Code.
If the killings are committed for some time (serial crimes), then article 17 of the Criminal Code comes into force. In this case, the defendant is convicted of each criminal act, and the term of imprisonment is summed up under the articles that provide for punishment for a specific murder.
Kill punishment examples
- How much do they give for killing a person with a knife? Depending on the circumstances of the crime, the term of punishment of the defendant depends. If the lawyer proves that such a measure was forced, as self-defense, then the case is considered under article 108, and the punishment does not exceed 2 years in prison. However, the presence of knives during the killing is an obvious sign of a planned crime, therefore, most likely, the term of imprisonment is determined in accordance with article 105 of the Criminal Code.
- How much will they give for killing a man with beating? A similar crime is considered under several articles, depending on the circumstances. If the beating involved further murder, the offender is convicted on several points of part 2 of article 105, depending on the purpose of the violence. If the beating resulted in the death of the victim through negligence, 111 article 4 of the Criminal Code comes into force, and the term of imprisonment is up to 15 years.