Art. 105 of the Criminal Code of the Russian Federation "Murder" establishes sanctions for the intentional deprivation of another person's life. This crime is considered particularly serious and punishable in all severity of law. Without aggravating circumstances, this act is assigned to 6-15 years in prison.
Part two
Qualifying features are established in it. These include the murder:
- Two or more people.
- An employee or his relatives in connection with the first exercise of his duties or the performance of a duty.
- A minor or another person who is in a knowingly helpless position for the perpetrator.
- Associated with the abduction of a citizen.
- Women known to the abuser to be pregnant.
- Perfect by the generally dangerous method.
- A group of individuals, including by prior arrangement or by an organized community.
- With particular cruelty.
- Based on blood feud.
- For hire or from self-interest.
- Combined with banditry, robbery or extortion.
- To conceal another crime or facilitate its commission.
- Associated with rape or violent sexual activity.
- From hooligan motives.
- To use the tissues / organs of the deceased.
- From racial, national, political, religious, ideological hatred and enmity, or for the same reasons in relation to a social group.
These signs are considered aggravating circumstances under Art. 105 of the Criminal Code. Punishment for deeds - imprisonment for 8-12 years. Additionally, up to two years of restriction of liberty may be assigned. Depending on the circumstances of the crime, as well as other criteria that are essential for the qualification of the offense under Part 2, Art. 105 of the Criminal Code, the term of imprisonment may be increased to life.
A comment
In the current Code, simple and qualified compositions are combined in one article. This is consistent with the structure of other criminal norms, which provide for additional features in their parts and paragraphs. The criteria for the basic composition are mandatory for qualifying a crime under part 2 of article 105 of the Criminal Code. These aggravating circumstances, among other things, are significant when considering other acts against life. In this regard, the analysis of a simple composition can be qualified as the analysis of the “deliberate causing of death in general”.
Definition Features
In the first part of Art. 105 of the Criminal Code of the Russian Federation, the interpretation of the crime is given - intentionally causing another person to die. In general terms, it corresponds to the definition adopted in the framework of the theory of criminal law. Along with this, one nuance should be noted. Earlier, murder was understood to mean intentional deprivation of life, and careless infliction of death. The commented article gives a fairly clear definition of the act. Such a thing as “careless killing” is not provided for in the Criminal Code. In this case, such concretization makes sense. The fact is that the need to name the guilty killer often often acted as an internal psychological and linguistic brake in the course of consideration of cases on bringing to justice specialists from various fields (teachers, doctors, educators, etc.), who are inadvertent, and in some cases due to inaction, caused other people death in the process of fulfilling their duties.
An object
In his capacity is human life. It should be considered not only as a biological process, but also the possibility of the existence of an individual in society, provided by law. As an object of an unlawful act, life is not subject to quantitative or qualitative assessment. The most important principle of criminal law is to ensure equal protection of people from attacks on their existence. When qualifying the offense under Art. 105 of the Criminal Code does not matter: age, physical condition, position of the victim in society. Criminal law in Russia does not recognize the legitimacy of causing death to a hopelessly sick person, even if he himself agrees.
Subjective part
A crime that qualifies under Art. 105 of the Criminal Code, provides for the presence of indirect or direct intent. Another person dies not only when the deprivation of life acts as an end in itself of the guilty. In some cases, random witnesses are killed in order to avoid exposure, cashiers - to seize money. The target, therefore, may be beyond the scope of the offense. However, in these cases, desire, acting as a volitional component of intent, is also present. Although the general attitude of the perpetrator towards the murder may be negative. The crime is considered completed from the moment of biological death. For the qualification of the act, the time of the cessation of the life of the victim will not matter. In the case of actions involving murder, but not completed (death did not occur), they are regarded as an attempt.