105 part 2 paragraph g of the Criminal Code of the Russian Federation. Clause “a”, part 2 of article 105 of the Criminal Code of the Russian Federation “Murder of two or more persons. Severe bodily injury

1. Murder, that is, intentional infliction of death on another person, -

a) two or more persons;

c) a minor or another person who is obviously in a helpless state for the perpetrator, as well as associated with the kidnapping of a person;

e) committed with special cruelty;

f) committed in a generally dangerous way;

f.1) on the basis of blood feud;

g) committed by a group of persons, a group of persons by prior agreement or an organized group;

h) for mercenary motives or for hire, as well as associated with robbery, extortion or banditry;

i) out of hooligan motives;

j) for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature;

l) for the purpose of using the organs or tissues of the victim, –

m) has expired. - Federal Law of 08.12.2003 N 162-FZ

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Commentary on Art. 105 of the Criminal Code of the Russian Federation

1. The direct object of the murder is the life of a person who is under criminal law protection from the moment of the onset of physiological childbirth until the onset of biological death (Order of the Ministry of Health of Russia dated March 4, 2003 N 73 “On approval of the Instructions for determining the criteria and procedure for determining the moment of death person, cessation of resuscitation).

2. Murder can be committed in the form of both action and inaction. The action can be expressed in mental or physical violence. Murder by mental influence will take place when the perpetrator, knowing about the morbid condition of the victim, uses psychotraumatic factors (threats, fear, etc.) in order to deprive him of his life.

3. The concept of murder is enshrined in part 1 of the commented article. It follows from it that the legislator associates murder only with a deliberate form of guilt. Careless infliction of death is qualified under Art. 109 of the Criminal Code.

4. The criminal law considers three types of murder:

1) the so-called simple (part 1 of article 105 of the Criminal Code);

2) qualified (part 2 of article 105 of the Criminal Code);

3) privileged (Article 106-108 of the Criminal Code).

5. According to part 1 of Art. 105 of the Criminal Code qualifies, for example, murder in a quarrel or fight in the absence of hooligan motives, out of jealousy, motivated by revenge (with the exception of those types that entail liability under paragraphs “b”, “e.1” and “l” part 2, article 105), envy, hostility, hatred arising from personal relationships. Euthanasia is qualified under part 1 of the commented article.

6. Murder of two or more persons (paragraph “a” of part 2 of article 105 of the Criminal Code). In accordance with the provisions of h. 1 Article. 17 of the Criminal Code, the murder of two or more persons, committed simultaneously or at different times, does not form a set of crimes and is subject to qualification under paragraph “a” of Part 2 of Art. 105 of the Criminal Code, and if there are grounds for this, also on other points of Part 2 of Art. 105 of the Criminal Code, provided that the perpetrator has not been previously convicted of any of these murders (paragraph 5 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated January 27, 1999 N 1 “On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)” ).

If, with the intent to kill two persons, it was possible to deprive only one of the lives, then the deed should be qualified under part 1 or 2 of Art. 105 and according to part 3 of Art. 30 and p. "a" part 2 of Art. 105 of the Criminal Code.

7. The murder of a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty (paragraph “b” of part 2 of article 105 of the Criminal Code) involves a special victim - a person carrying out his official activities or performing a public duty, or his loved ones.

The performance of official activities is understood as the actions of a person that are within the scope of his duties, arising from an employment agreement (contract) with state, municipal, private and other duly registered enterprises and organizations, regardless of the form of ownership, with entrepreneurs whose activities do not contradict the current legislation .

Fulfillment of public duty - the implementation by a citizen of both the duties specially assigned to him in the interests of society or the legitimate interests of individuals, and the performance of other socially useful actions. The implementation of public duties specially assigned to a citizen is participation in the work of a voluntary people's squad, operational detachments to maintain law and order, etc.

The commission of other socially useful actions can be expressed in the suppression of offenses, reporting to the authorities about a committed or impending crime or the whereabouts of a person wanted in connection with the commission of offenses, giving evidence by a witness or victim, incriminating a person in committing a crime, etc.

Close relatives of the victim, along with close relatives, may include other persons who are related to him, property (relatives of the spouse), as well as persons whose life, health and well-being are obviously dear to the victim due to established personal relationships.

The purpose of the murder is to prevent the legitimate activities of the victim; the motive is to avenge a legitimate activity carried out.

8. The murder of a minor or another person who is in a helpless state, known to the perpetrator (paragraph “c” of Part 2 of Art. 105 of the Criminal Code). Qualification on these points is possible only if the victims have special qualities (infancy, helplessness, pregnancy) and the perpetrator is aware of this.

As the murder of a person who is obviously in a helpless state for the perpetrator, it is necessary to qualify the intentional infliction of death on the victim, unable due to his physical or mental state to defend himself, to actively resist the perpetrator when the latter, committing the murder, is aware of this circumstance. Persons in a helpless state may include, in particular, the seriously ill and the elderly, persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening. The Supreme Court of the Russian Federation does not classify sleepers and persons in a state of alcoholic intoxication as helpless.

9. Murder involving kidnapping (clause “c” of part 2 of article 105 of the Criminal Code), robbery, extortion or banditry (clause “h” of part 2 of article 105 of the Criminal Code), rape or violent acts of a sexual nature ( p. "k" part 2 article 105 of the Criminal Code). Conjugation means that the indicated acts may precede the murder or coincide with it in time, or the murder follows immediately after such an act. In the first two cases, deprivation of life is a means of facilitating the commission of these crimes. In the latter case, the murder is committed out of revenge or in order to hide the crimes committed.

The victim of the listed actions and the victim of the murder may not coincide (for example, a person who tried to prevent the kidnapping is deprived of his life).

In accordance with Part 1 of Art. 17 of the Criminal Code, the actions of the perpetrators who committed the murder, accompanied by kidnapping, rape, etc., are fully covered, respectively, by the norms of paragraphs “c”, “h”, “k” of part 2 of Art. 105 of the Criminal Code and additional qualifications under Art. Art. 126, 131, 132, 162 of the Criminal Code do not require (the position of the Plenum of the Supreme Court of the Russian Federation on this issue is directly opposite).

10. Murder committed with special cruelty (clause “e” of part 2 of article 105 of the Criminal Code). The concept of special cruelty is associated both with the method of murder and with other circumstances. Particular cruelty exists, in particular, in cases where, before the deprivation of life or in the process of committing a murder, torture, torture or mockery of the victim was used on the victim, or when the murder was committed in a way that is known to the perpetrator associated with causing the victim special suffering (inflicting a large amount of bodily harm, the use of a painful poison, burning alive, prolonged deprivation of food, water, etc.). It can be expressed in the commission of a murder in the presence of persons close to the victim, when the perpetrator realized that by his actions he was causing them special suffering.

Mocking a corpse in itself cannot be regarded as a circumstance indicating the commission of a murder with particular cruelty. The committed in such cases, if there is no other evidence of the perpetrator's manifestation of special cruelty before depriving the victim of life or in the process of committing a murder, should be qualified under the relevant part of Art. 105 and Art. 244 of the Criminal Code, which provides for liability for desecration of the bodies of the dead.

11. Murder committed in a generally dangerous way (paragraph “e” of part 2 of article 105 of the Criminal Code) involves a method of intentionally causing death, which, knowingly for the perpetrator, poses a danger to the life of not only the victim, but at least one more person (for example, by explosion, arson, firing shots in crowded places, poisoning water and food, which other people use in addition to the victim). If, as a result of the generally dangerous method of murder applied by the guilty person, not only a certain person, but also others died, the deed must be qualified, in addition to paragraph “e” of Part 2 of Art. 105 of the Criminal Code, according to paragraph "a" part 2 of Art. 105 of the Criminal Code, and in case of causing harm to health to other persons - according to paragraph “e” of Part 2 of Art. 105 of the Criminal Code and under the articles of the Criminal Code, providing for liability for intentional infliction of harm to health (if property was additionally destroyed or damaged - under part 2 of article 167 of the Criminal Code).

12. Murder motivated by blood feud (clause “e.1” part 2 article 105 of the Criminal Code). Blood feud is a custom that exists among some nationalities. In accordance with it, the victim himself or a relative of the offended by a grave insult, abuse, murder, etc. must take revenge on the offender.

The place of commission of this crime is any geographical point on the territory of Russia. The victims of this crime can be any citizens, including those who are not representatives of a particular ethnic group.

13. Murder committed by a group of persons, a group of persons by prior agreement or an organized group (clause “g”, part 2, article 105 of the Criminal Code). Murder is recognized as committed by a group of persons when two or more persons, acting together with the intent to commit murder, directly participated in the process of depriving the victim of life, using violence against him, and it is not necessary that the injuries that caused death were caused by each of them. (for example, one suppressed the resistance of the victim, deprived him of the opportunity to defend himself, and the other caused him fatal injuries). Murder should be recognized as committed by a group of persons even in the case when, in the process of committing actions by one person aimed at intentionally causing death, another person (other persons) joined him for the same purpose.

A preliminary conspiracy to kill involves an agreement, expressed in any form, between two or more persons that took place before the start of the commission of actions directly aimed at depriving the victim of life. At the same time, along with co-perpetrators of the crime, other members of the criminal group may act as organizers, instigators or accomplices of the murder, their actions are covered by the relevant part of Art. 33 and p. "g" part 2 of Art. 105 of the Criminal Code.

When a murder is recognized as committed by an organized group, the actions of all participants, regardless of their role in the crime, should be qualified as complicity without reference to Art. 33 of the Criminal Code.

14. Murder for mercenary motives or for hire (paragraph “h” of part 2 of article 105 of the Criminal Code). It includes a murder committed in order to obtain material benefits for the perpetrator or other persons (money, property or the right to receive it, the right to housing, etc.) or to get rid of material costs (return of property, debt, payment for services, performance property obligations, payment of alimony, etc.).

As murder for hire should be qualified murder, due to the receipt by the perpetrator of the crime of material or other remuneration. Persons who organized a murder for reward, incited to commit it or assisted in committing such a murder, are liable under the relevant part of Art. 33 and p. "h" part 2 of Art. 105 of the Criminal Code.

15. Murder out of hooligan motives (paragraph “and” part 2 of article 105 of the Criminal Code). It is understood as a murder committed on the basis of a clear disrespect for society and generally accepted norms of morality, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to oppose others, to demonstrate a disdainful attitude towards them, for example, intentionally causing death for no apparent reason or using an insignificant reason. as an excuse to kill.

If the victim was the instigator of a quarrel or fight, as well as in the case when his unlawful behavior served as the reason for the conflict, the perpetrator cannot be held responsible for the murder out of hooligan motives.

16. Murder for the purpose of concealing another crime or facilitating its commission (clause “k” of Part 2 of Article 105 of the Criminal Code). The purpose of concealing another crime occurs when, even before the murder, some act was committed, which, in the opinion of the perpetrator, is still unknown to law enforcement agencies. It does not matter who committed such a crime - by the killer himself or by another person, whether it was completed or not. The goal of facilitating the commission of a crime during murder is obvious when the deprivation of life precedes the implementation of the planned crime or coincides with the last one in time.

17. Murder motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group (paragraph “l” of part 2 of article 105 of the Criminal Code). This murder is characterized by intolerance towards persons of another nationality, race, religion, political, ideological or social group, based on the ideology of the superiority of one's own and, on the contrary, the inferiority of all other nations, races, religions, etc.

18. Murder for the purpose of using the organs or tissues of the victim (par. "m" part 2 of article 105 of the Criminal Code). The subject of this crime can be any human organs and tissues, including those that are not the objects of transplantation. Such homicide is usually carried out by medical professionals, since special knowledge is required to harvest organs or tissues during or after the homicide.

19. Within the meaning of the law, a murder should not be regarded as committed with the qualifying signs provided for in paragraphs “a”, “d”, “e” of Part 2 of Art. 105 of the Criminal Code, as well as under circumstances that are usually associated with the notion of special cruelty (in particular, multiple wounds, murder in the presence of persons close to the victim), if it was committed in a state of sudden strong emotional excitement or when the limits of necessary defense were exceeded.

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Article 105 h 2 of the Criminal Code of the Russian Federation

The field, a detailed list of the disposition and conditions for committing such a crime as murder, contains Article 105, part 2 of the Criminal Code of the Russian Federation. According to this definition, murder will be recognized in criminal law as an intentional or intentional act of a citizen against another person with the aim of causing death to him. The second part of the article contains conditions of varying severity, according to which an executive decision of the judicial authority is issued in relation to the accused. Thus, Article 105 part 2 of the Criminal Code of the Russian Federation specifically indicates what motives a person should have when committing this category of crime.

If these acts fall under the action, and the description of which is indicated by Article 105. Part 2 of the Criminal Code of the Russian Federation, the guilty person will be punished in Lida imprisonment in a strict regime colony. The term of serving for the crime will be determined by the judge. The framework is established by article 105 part 2 of the Criminal Code of the Russian Federation. According to the sanction of the article, the punishment in the form of imprisonment cannot be less than 8 and more than 20 years. In some cases, during the mass murder of people or the commission of a crime in the aggregate, a person's term of serving in a strict regime colony can be replaced by life imprisonment. The death penalty in force for the period of the USSR and the RSFSR was abolished and can be used in some regions of the country only by decision of collegiate judicial bodies. The last time the execution was carried out according to the decisions of the judicial authorities on February 14, 1994 in relation to the serial killer Andrei Romanovich Chikatilo.

Article 105. part 2 of the Criminal Code of the Russian Federation extends its corpus delicti to the reduced age of criminal responsibility. If a teenager over the age of 14 has committed an act that falls under the disposition indicated by article 105 part 2 of the Criminal Code of the Russian Federation, then sanctions will be applied to him on an equal basis with adults. In this case, the person will go to serve his sentence in a juvenile colony. These measures for citizens committing such an unlawful act will apply if the murder was on the basis of blood feud or hostility. Additionally, it is worth noting the method of killing. In contrast to the sanctions in force in Part 1 of Article 159, Article 105. Part 2 of the Criminal Code of the Russian Federation also establishes responsibility for the methods of committing a murder.

Thus, paragraphs "d" and "e", which contains Article 105, Part 2 of the Criminal Code of the Russian Federation, indicate that a term of up to 20 years in prison will be established for causing death with special cruelty. This means that before death, the person experienced physical suffering for a certain time. The perpetrator could torture the victim intentionally, causing her pain. Torture, which brought the victim to death, will also apply to paragraph "e" of this article. Paragraph "e", which notes Article 105. Part 2 of the Criminal Code of the Russian Federation, indicates a generally dangerous way of committing a crime. It is bound in a naming way. If, for example, a citizen attached an explosive device to the victim's car and blew it up while driving, the act would be recognized as generally dangerous. This is due to the fact that other people may suffer with this type of murder.

If the murder of even this person was committed as part of a group of persons or an organized group, this will also fall under the action indicated by Article 105 Part 2 of the Criminal Code of the Russian Federation. Paragraph "G" establishes that in case of complicity in the crime, each of the members of the gang or group under the leadership of another person bears joint responsibility for the act they committed. As a result, the court for gang murder will assign equal punishments or punishments to all members of the organized group, depending on the degree of the crime they committed.

If the attacker intends to kill the victim with the further goal of obtaining organs or tissues for transplantation from the deceased, Article 105. Part 2 of the Criminal Code of the Russian Federation will also apply here according to the disposition and sanction. According to paragraph "M" it is also considered a wrongful intentional act. If a person is represented by a performer or a killer who has a certain material benefit from the murder, he also falls under the sanctions prescribed by Article 105. Part 2 of the Criminal Code of the Russian Federation. Common cases of a combination of punishments, where the charter also takes into account Article 105 h 2 of the Criminal Code of the Russian Federation, is the rape of the victim. So, when committing a violent sexual act, an attacker can hide this act by deciding to cause death to his victim.

As a result, the committed act will also be subject to the sanction under Article 105 Part 2 of the Criminal Code of the Russian Federation, which will lead to a total term of 12 years to life imprisonment. With hooligan motives, a crime committed that caused intentional death will be qualified as murder under Article 105. Part 2 of the Criminal Code of the Russian Federation. Equally recognized murder with aggravating circumstances against women at any stage of pregnancy. In this case, the person will be recognized in the murder of not 1 but several people, which is also recognized as an intentional committed illegal act on qualifying grounds.

In this article, you learned what Article 105 Part 2 of the Criminal Code of the Russian Federation is. If you have any questions and problems that require the participation of lawyers, then you can seek help from the specialists of the information and legal portal "Sherlock". Just leave a request on our website, and our lawyers will call you back.

Article 105 of the Criminal Code of the Russian Federation "Murder"

When a person hears the word "Murder", he has not the most pleasant associations. And this is not surprising - there is no more evil and illegal act than depriving another of his life. But do all cases of deprivation of life relate to murder? Are there any exceptions? And what is the punishment for the guilty?

Murder, like any other crime, has its own article in the Criminal Code of the Russian Federation at number 105 . And it is she who answers the above questions. We invite you to familiarize yourself with its main provisions and comments.

Article 105 of the Criminal Code of the Russian Federation

The criminal code has a variety of articles that are responsible for murder. These are Article 106 of the Criminal Code of the Russian Federation “Murder of a newborn by a mother”, and Article 277 of the Criminal Code of the Russian Federation “Murder of a political figure”, and even Article 357 “Genocide”. However, article 105 of the Criminal Code of the Russian Federation “Murder” is still considered the main one, since it is she who describes the standard version of this crime.

Article 105 of the Criminal Code of the Russian Federation is unique in its own way. Firstly, this is the first article of the Criminal Code, which describes the crime - before that, the main provisions, practices, definitions, and so on are signed. Secondly, this article has a very diverse second part, which contains a huge number of subparagraphs. Thirdly, this article most often echoes other crimes. Consider Art. 105 of the Criminal Code of the Russian Federation in more detail.

Part one

In Art. 105 of the Criminal Code of the Russian Federation, only two parts. The first one is very short and its main goal is define murder. So, Murder is the intentional forcible deprivation of a person's life.. Please note that the fact of intentional murder must be proven. That is, if the offender killed a person by accident or by some indirect influence (for example, as a result of negligence), then such an act will not be considered a murder. .

Likewise, in the first part of Art. 105 of the Criminal Code of the Russian Federation considers the case of an ordinary murder without any special features. For him, the guilty will receive from 6 to 15 years imprisonment followed by her limitation for 2 years.

Part two

This part of Art. 105 of the Criminal Code of the Russian Federation considers all other cases of murder. It includes everything - from the methods of killing to the composition of the crime itself. Since there are a lot of variations, the second part itself is divided into many points:

Item A. Considers the intentional violent killing of two or more people. At the same time, it is the number of those killed that often determines the term of imprisonment. Besides killing a few people With should be separated from other crimes such as genocide.
Item B. Murder of an official or his relatives and friends associated with the activities of this official. It is worth noting that such a murder has a number of differences from the simple murder of an official, since it is based precisely on stopping his activities;
Item B. Murder of a minor. The murder of a helpless person, for example, a kidnapped person, also falls into this part. It is worth noting that such an act should be separated from causing death by negligence during abduction - there is a separate article for this;
Item G. Murder of a pregnant woman. In this case, the killer must be aware that the woman at the time of the murder is pregnant. Whether the killer was aware or not is yet to be known by the court workers;
Item D. Murder with extreme brutality. Either prolonged torture or methods of killing that do not immediately lead to the death of the victim can be considered special cruelty during the murder. Also in this category are methods of deprivation of life, committed in a particularly painful way;
Item E. Murder committed in a socially dangerous way. If during the murder of another person the killer used methods that could harm other citizens, then the crime falls under this part;
Item G. A murder committed by several citizens. It is understood that the murder was committed by two or more citizens who had previously agreed among themselves and acted according to the plan. This category also includes crimes committed an organized crime group;
Item Z. Murder for selfish motives. This part deals with any murders committed for personal gain. These may be contract killings, robbery and some others not provided for by other articles of the Criminal Code of the Russian Federation;
Item I. Hooligan murders. This crime is described in great detail in Article 213 of the Criminal Code of the Russian Federation;
Item K. A murder committed to cover up another crime. Such acts include the killing of witnesses, other participants in crimes, judges, law enforcement officers and third parties related to the offense that the killer is trying to hide;
Item L. Killing out of hate. Such killings must be committed out of enmity based on political, religious, racial or other discord. Again, such crimes should not be confused with genocide;
Item M. Murder for the purpose of using the organs of the deceased. This means murder, the purpose of which was the theft of organs and tissues of the victim for sale or for other mercenary purposes.

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Criminal Code of the Russian Federation/Chapter 16

Chapter 16
CRIMES AGAINST LIFE AND HEALTH

Article 105. Murder

1. Murder, that is, deliberate infliction of death on another person, -

shall be punishable by deprivation of liberty for a term of six to fifteen years, with or without restraint of liberty for a term of up to two years.

‎ (as amended by Federal Law No. 377-FZ of December 27, 2009)

a) two or more persons;

b) a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

c) a minor or another person who is obviously in a helpless state for the perpetrator, as well as associated with the kidnapping of a person;

‎

d) a woman known to the perpetrator to be in a state of pregnancy;

e) committed with special cruelty;

f) committed in a generally dangerous way;

f¹) on the basis of blood feud;

‎ (Clause “e¹” was introduced by Federal Law No. 211-FZ of July 24, 2007)

g) committed by a group of persons, a group of persons by prior agreement or an organized group;

h) for mercenary motives or for hire, as well as associated with robbery, extortion or banditry;

i) out of hooligan motives;

j) for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature;

k) based on political, ideological, racial, national or religious hatred or hostility, or based on hatred or hostility towards any social group;

‎ (clause “l” as amended by the Federal Law of July 24, 2007 No. 211-FZ)

l) for the purpose of using the organs or tissues of the victim, -

‎

m) has expired. -

shall be punishable by deprivation of liberty for a term of eight to twenty years, with restriction of liberty for a term of one to two years, or life imprisonment, or the death penalty.

‎ (As amended by Federal Laws No. 73-FZ dated July 21, 2004, No. 377-FZ dated December 27, 2009)

Article 106. Murder of a newborn child by a mother

Murder by a mother of a newborn child during or immediately after childbirth, as well as murder by a mother of a newborn child in a psychotraumatic situation or in a state of mental disorder that does not exclude sanity, -

shall be punishable by restraint of liberty for a term of two to four years, or by compulsory labor for a term of up to five years, or by deprivation of liberty for the same term.

‎

Article 107. Murder committed in a state of passion

1. A murder committed in a state of sudden strong emotional agitation (affect) caused by violence, bullying or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a prolonged psycho-traumatic situation that arose in connection with a systematic illegal or immoral behavior of the victim, -

shall be punished by corrective labor for a term of up to two years, or by restraint of liberty for a term of up to three years, or by compulsory labor for a term of up to three years, or by deprivation of liberty for the same term.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

2. Murder of two or more persons, committed in a state of passion, -

shall be punishable by forced labor for a term up to five years, or imprisonment for the same term.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

Article 108

1. Murder committed while exceeding the limits of necessary defense, -

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

2. Murder committed in excess of the measures necessary to detain a person who has committed a crime, -

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

Article 109. Causing death by negligence

1. Causing death by negligence -

shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to two years, or forced labor for a term up to two years, or imprisonment for the same term.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

2. Causing death by negligence as a result of improper performance by a person of his professional duties -

shall be punishable by restraint of liberty for a term of up to three years, or by forced labor for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for the same term, with deprivation of the right to occupy certain positions, or engage in certain activities for a period of up to three years or without it.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

‎ (part two as amended by Federal Law No. 162-FZ of 08.12.2003)

3. Causing death by negligence to two or more persons -

shall be punishable by restraint of liberty for a term up to four years, or forced labor for a term up to four years, or imprisonment for the same term with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

‎ (as amended by Federal Laws No. 377-FZ of December 27, 2009, No. 420-FZ of December 7, 2011)

‎ (Part three was introduced by Federal Law No. 162-FZ of 08.12.2003)

Article 110. Driving to suicide

‎ (as amended by Federal Law No. 120-FZ of June 7, 2017)

1. Bringing a person to suicide or attempted suicide by means of threats, cruel treatment or systematic humiliation of the human dignity of the victim -

shall be punished by compulsory labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years or without it, or imprisonment for a term of two to six years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to seven years or not.

2. The same act committed:

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to ten years, and with or without restraint of liberty for a term up to two years.

‎

Article 110¹. Inducing or facilitating suicide

‎

1. Inducement to commit suicide by means of persuasion, offers, bribery, deceit, or in any other way, in the absence of signs of incitement to suicide, -

shall be punishable by restraint of liberty for a term of up to two years, or by forced labor for a term of up to two years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to two years, with deprivation of the right to occupy certain positions. or engage in certain activities for up to three years or without it.

2. Facilitating the commission of suicide by giving advice, instructions, providing information, means or instruments for committing suicide, or removing obstacles to its commission, or by promising to hide the means or instruments for committing suicide -

shall be punishable by restraint of liberty for a term of up to three years, or by forced labor for a term of up to three years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to four years, or by deprivation of liberty for a term of up to three years, with deprivation of the right to occupy certain positions. or engage in certain activities for up to four years or without it.

3. The deeds provided for by the first or second parts of this article, committed:

a) in relation to a minor or a person who is known to the perpetrator to be in a helpless state or in material or other dependence on the perpetrator;

b) against a woman who is known to the perpetrator to be in a state of pregnancy;

c) in relation to two or more persons;

d) by a group of persons by prior agreement or by an organized group;

e) in a public speech, publicly demonstrated work, mass media or information and telecommunication networks (including the Internet), -

shall be punishable by forced labor for a term up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term up to five years or without it, or imprisonment for a term up to four years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or without one.

4. The deeds provided for by the first or second part of this article, which caused suicide or attempted suicide, -

shall be punishable by restraint of liberty for a term of two to four years, or forced labor for a term of up to five years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to six years, or imprisonment for a term of five to ten years with deprivation. the right to hold certain positions or engage in certain activities for up to six years or without it.

‎ (as amended by Federal Law No. 248-FZ of July 29, 2017)

5. The deeds provided for in paragraphs 1 or 2 of this article, which resulted in the suicide or attempted suicide of a minor, or a person who is known to the guilty person to be in a helpless state or in material or other dependence on the guilty person, or a woman who is known to the guilty person to be in a state of pregnancy, -

‎ (as amended by Federal Law No. 248-FZ of July 29, 2017)

shall be punished by imprisonment for a term of six to twelve years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to seven years.

‎ (as amended by Federal Law No. 248-FZ of July 29, 2017)

6. Acts provided for by the first, second or third parts of this article, which caused the suicide of two or more persons, -

shall be punishable by imprisonment for a term of eight to fifteen years.

‎ (Part 6 was introduced by Federal Law No. 248-FZ of July 29, 2017)

Article 110². Organization of activities aimed at inciting suicide

‎ (introduced by Federal Law No. 120-FZ of June 7, 2017)

1. Organization of activities aimed at inciting to commit suicide by disseminating information about methods of committing suicide or calling for committing suicide, -

shall be punishable by imprisonment for a term of five to ten years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years.

‎ (as amended by Federal Law No. 248-FZ of July 29, 2017)

2. The same act involving a public performance, use of a publicly displayed work, mass media or information and telecommunication networks (including the Internet), -

shall be punishable by imprisonment for a term of five to fifteen years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to seven years.

‎ (as amended by Federal Law No. 248-FZ of July 29, 2017)

Note. A person who has committed a crime under this article, who voluntarily stopped the relevant criminal activity and actively contributed to the detection and (or) suppression of crimes provided for in articles 110, 110¹ of this Code or this article, shall be exempted from criminal liability, unless his actions contain a different corpus delicti .

Article 111. Intentional infliction of grievous bodily harm

1. Intentional infliction of grievous bodily harm dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of its functions by an organ, abortion, mental disorder, drug addiction or substance abuse, or expressed in permanent disfigurement a person who has caused a significant permanent loss of general ability to work by at least one third, or, knowingly for the perpetrator, a complete loss of professional ability to work, -

shall be punishable by deprivation of liberty for a term of up to eight years.

‎

‎ (Part one as amended by Federal Law No. 92-FZ dated June 25, 1998)

2. The same acts committed:

a) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

b) in relation to a minor or another person who is obviously in a helpless state, as well as with special cruelty, mockery or torment for the victim;

‎ (clause “b” as amended by the Federal Law of July 27, 2009 No. 215-FZ)

c) in a generally dangerous way;

e) out of hooligan motives;

‎ (Clause “e” as amended by Federal Law No. 211-FZ of July 24, 2007)

g) for the purpose of using the organs or tissues of the victim;

‎

shall be punishable by deprivation of liberty for a term of up to ten years, with or without restraint of liberty for a term of up to two years.

‎

3. The acts provided for by paragraphs one or two of this article, if they have been committed:

a) by a group of persons, a group of persons by prior agreement or an organized group;

b) in relation to two or more persons, -

‎ (as amended by Federal Law No. 162-FZ of 08.12.2003)

c) has expired. - Federal Law No. 162-FZ dated 08.12.2003

shall be punishable by deprivation of liberty for a term of up to twelve years, with or without restraint of liberty for a term of up to two years.

‎ (As amended by Federal Laws No. 377-FZ dated December 27, 2009, No. 26-FZ dated March 7, 2011)

4. Acts provided for by the first, second or third parts of this Article, which negligently entailed the death of the victim, -

shall be punishable by deprivation of liberty for a term of up to fifteen years, with or without restraint of liberty for a term of up to two years.

‎ (As amended by Federal Laws No. 377-FZ dated December 27, 2009, No. 26-FZ dated March 7, 2011)

Article 112. Deliberate infliction of moderate harm to health

1. Intentional infliction of harm to health of medium gravity that is not dangerous to human life and did not entail the consequences specified in Article 111 of this Code, but caused a long-term health disorder or a significant permanent loss of general ability to work by less than one third, -

shall be punishable by restraint of liberty for a term up to three years, or forced labor for a term up to three years, or arrest for a term up to six months, or imprisonment for a term up to three years.

‎ (as amended by Federal Laws No. 377-FZ of 27.12.2009, No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011)

2. The same act committed:

c) in relation to a minor or other person who is obviously in a helpless state, as well as with special cruelty, mockery or torment for the victim;

‎ (Clause “c” as amended by Federal Law No. 215-FZ of July 27, 2009)

d) a group of persons, a group of persons by prior agreement or an organized group;

e) out of hooligan motives;

f) based on political, ideological, racial, national or religious hatred or hostility, or based on hatred or hostility towards any social group;

‎ (as amended by Federal Laws No. 211-FZ of July 24, 2007, No. 227-FZ of July 21, 2014)

g) has expired. - Federal Law No. 162-FZ dated 08.12.2003

h) with the use of weapons or objects used as weapons, -

‎ (Clause “h” was introduced by Federal Law No. 227-FZ of July 21, 2014)

Article 113

Intentional infliction of severe or moderate bodily harm, committed in a state of sudden strong mental agitation (affect), caused by violence, bullying or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a prolonged psychotraumatic situation that arose in connection with the systematic unlawful or immoral behavior of the victim, -

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

Article 114

1. Intentional infliction of grievous bodily harm, committed in excess of the limits of necessary defense, -

shall be punishable by correctional labor for a term up to one year, or restraint of liberty for a term up to one year, or forced labor for a term up to one year, or imprisonment for the same term.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

2. Intentional infliction of severe or moderate bodily harm, committed in excess of the measures necessary to detain a person who has committed a crime, -

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

Article 115. Intentional infliction of slight harm to health

1. Intentional infliction of minor bodily harm that caused a short-term health disorder or a slight permanent loss of general ability to work, -

‎ (as amended by Federal Law No. 162-FZ of 08.12.2003)

shall be punishable by a fine in the amount up to 40 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three months, or by compulsory works for a term of up to 480 hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months.

‎

2. The same act committed:

a) out of hooligan motives;

b) based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group;

‎ (As amended by Federal Law No. 227-FZ dated July 21, 2014)

c) with the use of weapons or items used as weapons, -

‎ (Clause “c” was introduced by Federal Law No. 227-FZ of July 21, 2014)

shall be punishable by compulsory labor for a term of up to 360 hours, or by corrective labor for a term of up to one year, or by restraint of liberty for a term of up to two years, or by compulsory labor for a term of up to two years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to two years.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

‎ (Part two as amended by Federal Law No. 211-FZ of July 24, 2007)

Article 116. Beatings

‎ (as amended by Federal Law No. 8-FZ dated February 7, 2017)

Beatings or other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, committed out of hooligan motives, as well as on the grounds of political, ideological, racial, national or religious hatred or enmity, or on the grounds of hatred or enmity in in relation to any social group,

Article 116¹. Beating by a person subjected to administrative punishment

‎ (introduced by Federal Law No. 323-FZ of July 3, 2016)

Beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, and do not contain elements of a crime under Article 116 of this Code, by a person subjected to administrative punishment for a similar act -

shall be punishable by a fine in the amount up to 40 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three months, or by compulsory works for a term of up to 240 hours, or by corrective labor for a term of up to six months, or by arrest for a term of up to three months.

Article 117. Torture

1. Causing physical or mental suffering by systematic beatings or other violent actions, if this did not entail the consequences specified in Articles 111 and 112 of this Code, -

shall be punishable by restraint of liberty for a term up to three years, or forced labor for a term up to three years, or imprisonment for the same term.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

2. The same act committed:

a) in relation to two or more persons;

b) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

c) against a woman who is known to the perpetrator to be in a state of pregnancy;

d) in relation to a known minor or a person who is known to the guilty person to be in a helpless state or in material or other dependence on the guilty person, as well as a person abducted or taken as a hostage;

e) with the use of torture;

f) a group of persons, a group of persons by prior agreement or an organized group;

h) based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group, -

‎ (clause “h” as amended by the Federal Law of July 24, 2007 No. 211-FZ)

shall be punishable by imprisonment for a term of three to seven years.

Note. In this article and other articles of this Code, torture is understood as the infliction of physical or moral suffering in order to compel one to give testimony or other actions contrary to the will of a person, as well as for the purpose of punishment or for other purposes.

‎

Article 118. Causing grievous bodily harm through negligence

‎ (as amended by Federal Law No. 162-FZ of 08.12.2003)

1. Infliction of grievous bodily harm by negligence -

shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory labor for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by restraint of liberty for a term of up to three years. or arrest for up to six months.

‎ (as amended by Federal Laws No. 162-FZ of 08.12.2003, No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011)

2. The same action, committed as a result of improper performance by a person of his professional duties, -

shall be punishable by restraint of liberty for a term of up to four years, or by forced labor for a term of up to one year, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to one year, with deprivation of the right to occupy certain positions. or engage in certain activities for up to three years or without it.

‎

3. No longer valid. - Federal Law No. 162-FZ dated 08.12.2003.

4. No longer valid. - Federal Law No. 162-FZ dated 08.12.2003.

Article 119

1. Threats of murder or infliction of grievous bodily harm, if there were grounds to fear that such a threat would be carried out, -

shall be punishable by compulsory labor for a term of up to 480 hours, or by restraint of liberty for a term of up to two years, or by compulsory labor for a term of up to two years, or by arrest for a term of up to six months, or by deprivation of liberty for a term of up to two years.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

2. The same act, committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on the grounds of hatred or enmity against any social group, -

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

‎ (Part two was introduced by Federal Law No. 211-FZ of July 24, 2007)

Article 120. Compulsion to remove human organs or tissues for transplantation

1. Coercion to remove human organs or tissues for transplantation, committed with the use of violence or with the threat of its use, -

shall be punishable by deprivation of liberty for a term of up to four years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

2. The same deed, committed against a person who is obviously in a helpless state or in material or other dependence on the guilty person, -

shall be punishable by deprivation of liberty for a term up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.

‎ (as amended by Federal Law No. 26-FZ of March 7, 2011)

Article 121. Infection with a venereal disease

1. Infection of another person with a venereal disease by a person who knew that he had this disease, -

shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by compulsory works for a term of up to 480 hours, or by corrective labor for a term of up to two years, or by arrest for a term of up to six months.

‎

2. The same act, committed against two or more persons, or against a minor, -

‎

shall be punishable by a fine in the amount up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to two years, or by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to two years.

‎ (as amended by Federal Laws No. 162-FZ of 08.12.2003, No. 420-FZ of 07.12.2011)

Article 122. Infection with HIV infection

1. Knowingly placing another person at risk of contracting HIV infection -

shall be punishable by restraint of liberty for a term up to three years, or forced labor for a term up to one year, or arrest for a term up to six months, or imprisonment for a term up to one year.

‎ (as amended by Federal Laws No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011)

2. Infection of another person with HIV infection by a person who knew that he had this disease, -

shall be punishable by deprivation of liberty for a term of up to five years.

3. An act provided for by paragraph two of this article, committed against two or more persons, or against a minor, -

‎ (as amended by Federal Law No. 14-FZ dated February 29, 2012)

shall be punishable by deprivation of liberty for a term up to eight years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to ten years.

‎ (as amended by Federal Law No. 14-FZ dated February 29, 2012)

4. Infection of another person with HIV as a result of improper performance by a person of his/her professional duties -

shall be punished by compulsory labor for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

Note. A person who has committed the deeds provided for by parts one or two of this article shall be exempted from criminal liability if another person, placed at risk of infection or infected with HIV infection, was warned in a timely manner that the first person had this disease and voluntarily agreed to commit actions that created danger of infection.

‎ (Note introduced by Federal Law No. 162-FZ of December 8, 2003)

Article 123. Illegal performance of artificial termination of pregnancy

‎

1. Carrying out an artificial termination of pregnancy by a person who does not have a higher medical education of the relevant profile, -

‎ (As amended by Federal Law No. 317-FZ dated November 25, 2013)

shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory works for a term of up to 480 hours, or by corrective labor for a term of up to two years.

‎ (as amended by Federal Laws No. 162-FZ of 08.12.2003, No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011)

2. No longer valid. - Federal Law No. 162-FZ dated 08.12.2003.

3. The same act, if by negligence it entailed the death of the victim or the infliction of grave harm to her health, -

‎ (as amended by Federal Law No. 162-FZ of 08.12.2003)

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

Article 124. Failure to provide assistance to a patient

1. Failure to provide assistance to a patient without good reason by a person who is obliged to provide it in accordance with the law or with a special rule, if this negligently entailed the infliction of medium-gravity harm to the patient's health, -

shall be punishable by a fine in the amount up to 40 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three months, or by compulsory works for a term of up to 360 hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to four months.

‎ (as amended by Federal Laws No. 162-FZ of 08.12.2003, No. 81-FZ of 06.05.2010, No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011)

2. The same act, if it entailed by negligence the death of a patient or the infliction of grave harm to his health, -

shall be punished by compulsory labor for a term of up to four years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to four years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or without one.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

Article 125. Leaving in danger

Knowingly leaving without help a person who is in a state of danger to life or health and deprived of the opportunity to take measures for self-preservation due to infancy, old age, illness or due to his helplessness, in cases where the perpetrator had the opportunity to help this person and was obliged to take care of him or himself placed him in a state of danger to life or health, -

shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to six months, or by compulsory labor for a term of up to 360 hours, or by corrective labor for a term of up to one year, or by compulsory labor for a term of up to one year. or arrest for up to three months, or imprisonment for up to one year.

‎ (As amended by Federal Law No. 420-FZ of December 7, 2011)

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When a person hears the word "" (Article 105 of the Criminal Code of the Russian Federation), he has not the most pleasant associations. And this is not surprising - there is no more evil and illegal act than depriving another of his life. But do all cases of deprivation of life relate to murder? Are there any exceptions? And what is the punishment for the guilty?

The criminal code has a variety of articles that are responsible for murder. This is "", and article 277 of the Criminal Code of the Russian Federation "Murder of a political figure", and even article number 357 "Genocide". However nevertheless, it is considered the main one, since it is she who describes the standard version of this crime.

Article 105 of the Criminal Code of the Russian Federation is unique in its own way. Firstly, this is the first article of the Criminal Code that describes the crime - before that, the main provisions, practices, definitions, and so on are signed. Secondly, this article has a very diverse second part, which contains a huge number of subparagraphs. Thirdly, this article most often echoes other crimes. Consider Art. 105 of the Criminal Code of the Russian Federation in more detail.

Part one

Likewise, in the first part of Art. 105 of the Criminal Code of the Russian Federation considers the case of an ordinary murder without any special features. Behind him followed by her limitation for 2 years.

Part two

Item A. Considers the intentional violent killing of two or more people. At the same time, it is the number of those killed that often determines the term of imprisonment. Besides killing a few people With should be separated from other crimes such as genocide.
Item B. Murder of an official or his relatives and friends associated with the activities of this official. It is worth noting that such a murder has a number of differences from the simple murder of an official, since it is based precisely on stopping his activities;
Item B. Murder of a minor. The murder of a helpless person, for example, a kidnapped person, also falls into this part. It is worth noting that such an act should be separated from causing death by negligence during abduction - there is a separate article for this;
Item G. Murder of a pregnant woman. In this case, the killer must be aware that the woman at the time of the murder is pregnant. Whether the killer was aware or not is yet to be known by the court workers;
Item D. . Either prolonged torture or methods of killing that do not immediately lead to the death of the victim can be considered special cruelty during the murder. Also in this category are methods of deprivation of life, committed in a particularly painful way;
Item E. Murder committed in a socially dangerous way. If during the murder of another person the killer used methods that could harm other citizens, then the crime falls under this part;
Item G. A murder committed by several citizens. It is understood that the murder was committed by two or more citizens who had previously agreed among themselves and acted according to the plan. This category also includes crimes committed
Item Z. Murder for selfish motives. This part deals with any murders committed for personal gain. These may be contract killings, robbery and some others not provided for by other articles of the Criminal Code of the Russian Federation;
Item I. Hooligan murders. Very detailed is a crime
Item K. A murder committed to cover up another crime. Such acts include the killing of witnesses, other participants in crimes, judges, law enforcement officers and third parties related to the offense that the killer is trying to hide;
Item L. Killing out of hate. Such killings must be committed out of enmity based on political, religious, racial or other discord. Again, such crimes should not be confused with genocide;
Item M. Murder for the purpose of using the organs of the deceased. This means murder, the purpose of which was the theft of organs and tissues of the victim for sale or for other mercenary purposes.

Info

For all the crimes described above, the same punishment applies - either imprisonment for a term of 8 to 20 years, followed by 2 years. In particularly serious cases, the death penalty or life imprisonment are also provided. can range from 2 to 15 years, depending on the severity of the crime.

Murder is considered the most cruel and terrible crime that a person is capable of. For such an act, a tougher punishment is provided, up to The reasons for the criminal act, the severity and other circumstances determine how much the defendant will be given for killing a person.

Kill Qualification

In accordance with the Criminal Code of the Russian Federation, crimes are divided into several types, on which the term of imprisonment depends.

Ordinary murder. The punishment for this category is presented in Part 1 of Article 105 of the Criminal Code. A citizen who committed actions that caused the death of a person due to malicious intent, revenge, as a result of a fight, is sentenced by the court to imprisonment from 6 to 15 years.
Murder with It qualifies as especially serious. Considered by article 105, part 2 of the Criminal Code of the Russian Federation. The nature of the crime depends on how much will be given for the murder of a person. At best, it is assumed that the defendant will be imprisoned for a period of 8 years. At worst, life imprisonment.
Such murders are committed in a state of psychological breakdown or unintentionally. They represent a lesser danger to society, therefore, the terms of punishment are more loyal - from 2 years of restriction of freedom (probation) to 5 years in prison in accordance with articles 106-109 of the Criminal Code of the Russian Federation.

Circumstances of the murder

When pronouncing a final sentence on a criminal, the court takes into account the motives of the crime and the circumstances. Some of them are softening, others, on the contrary, aggravating. It is up to them to decide how much will be given for the murder of a person to the defendant.

Killer state.
Aggravating: alcohol intoxication, malicious intent, prior conspiracy.
Emollient: a state of passion, insanity, regret about the act, awareness of guilt, readiness to suffer a just punishment.
The nature of the crime.
Aggravating: intentional, planned, spontaneous or group murder.
Emollient: an accidental crime (by negligence), in order to protect, in the performance of duties or assist in the capture of a criminal.
Interaction with investigators.
Emollients: frank confession, help in clarifying the circumstances and collecting evidence.
Aggravating: resisting arrest, harming representatives of the authorities.
Defendant's age. Criminal liability is borne by persons who have reached the age of 14 at the time of the commission of the crime. For minors, the law provides for "indulgences" that limit the term of imprisonment.

105 article of the Criminal Code of the Russian Federation. Part 2

Particularly serious crimes. How much is given for the deliberate murder of a person under aggravating circumstances? It depends on many factors: the way the crime was committed, public danger, and even on who became the victim of the act. The term of imprisonment ranges from 8 years in prison to life imprisonment.

Paragraphs of article 105 of part 2, the circumstances of the murder:

a) The death of several people.
b) The murder of a person performing a civic duty or in the performance of official duties.
c) Crime against a minor or kidnapping of the victim.
d) Death of a pregnant woman.
e) Especially brutal murder.
f) The method of the crime is recognized as dangerous to society.
g) Group action.
h) Selfish motives or murder for hire.
i) Hooligan motives.
j) With rape, abuse of the victim.
l) 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 victim).

Article 106 of the Criminal Code

The murder 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 considered according to the relevant articles, and the term of punishment is increased.

Article 107 of the Criminal Code

A 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, control himself. Such a state manifests itself with loud cries, 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 do they give for killing a person in a state of passion? If the defendant is declared insane by a psychological and psychiatric examination, the term of punishment is limited to 3 years of restriction or imprisonment.

Article 108 of the Criminal Code

How many years are given for killing a person depends on the specific circumstances that led to death. threatens the defendant with up to 2 years of probation or imprisonment for the same period. In case of exceeding the necessary measures with assistance, the Criminal Code provides for a punishment of up to 3 years of probation or imprisonment.

Article 109 of the Criminal Code

Manslaughter resulting in the death of the victim as a result of the inattention and frivolity of the defendant. How much do they pay for killing a person by negligence? If the crime happened as a result of improper performance of official duties, then it entails a punishment for up to 3 years - imprisonment or restriction of liberty, removal from office. In the event of an error that resulted in the death of a person, the defendant faces up to 2 years of probation or actual imprisonment.

Killing multiple people

Usually gang crime is intentional. It may be spontaneous or planned, which has no bearing on sentencing. The murder of several people is considered by part 2 of article 105 of the Criminal Code of the Russian Federation and provides for severe punishment in the form of imprisonment from 8, and sometimes life imprisonment. It depends on the motives of the crime how much they will give for the murder of a person. If the murderer deliberately takes the lives of several people, then he is convicted under paragraph "a" of Article 105, Part 2 of the Criminal Code.

In the case when the offender kills one person, but his actions entail the death of people who are 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 of the Russian Federation.

If the killings are committed over a period of time (serial crimes), then article 17 of the Criminal Code comes into force. At the same time, the defendant is convicted for each criminal act, and the term of imprisonment is summed up according to the articles that provide for punishment for a specific murder.

Examples of punishment for murder

How much do you get for killing someone 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 bladed weapons during the murder 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 a beating? Such a crime is considered under several articles, depending on the circumstances. If the beating involved further murder, then the offender is convicted under several paragraphs of part 2 of part 105 of the article, depending on the purpose of the violence. If the beating caused the death of the victim through negligence, Article 111 of Part 4 of the Criminal Code comes into force, while the term of imprisonment is up to 15 years.

Murder is one of the most serious crimes under the criminal law. Thus, Article 105 of the Criminal Code of the Russian Federation establishes responsibility for such crimes and contains an exhaustive list of signs of murder.

I must say that thousands of murders are committed in Russia every year. Therefore, the practice of investigating these crimes and considering such cases in court is very extensive. In addition, in the development of the provisions of the law, the Supreme Court of the Russian Federation issued a Resolution of the Plenum. It summarized existing practice and clarified several contentious issues.

Article Menu

Article 105 of the Criminal Code of the Russian Federation

The specified structure of a crime provides criminal punishment for commission of murder. It must be pointed out that murder is the intentional infliction of death on another person. Based on this wording, several main signs of murder should be distinguished:

the presence of direct intent is fundamentally important. That is, the guilty person understands that he is committing murder. Moreover, it must want precisely this and directly desire to inflict death on another person. Therefore, murder is significantly different from causing death by negligence. This affects the qualification of the actions of the perpetrator. For example, in case of negligence, the offender does not want the onset of death, but assumes such consequences and treats him indifferently. For example, a person strikes another person in the chest area. From the blow, only a bruise is formed, which in no way threatens the health of the victim. However, from the specified impact, the victim falls and hits the concrete curb. From the blow, he receives serious bodily injuries and dies.

Such actions will be qualified as causing death by negligence. After all, death was a consequence of hitting the curb. And the direct actions of the guilty person only led to the presence of a bruise that does not pose a health hazard;

death by murder occurs immediately after receiving bodily harm. In this case, the wound can be caused by a knife, another object, a firearm, and so on. But regardless of this, the victim must die directly at the scene or within a short time. If the victim dies from blows in a few days or even weeks, then another article of the Criminal Code of the Russian Federation is responsible. For such cases, Part 4 of Art. 111 of the Criminal Code of the Russian Federation. It provides for criminal punishment for causing grievous bodily harm that led to the death of the victim;
The criminal's motive can be anything - personal hostility, debt obligations, revenge, and so on. In any case, his actions will be qualified as murder.

Thus, the commission of unlawful acts against another person, from which his death occurs, is recognized as murder. At the same time, the guilty person desires the onset of death, and this is precisely what becomes his goal.

Part 1

The vast majority of crimes under Art. 105 of the Criminal Code of the Russian Federation qualify precisely for the first part. Such criminal cases are considered by judges of the district or city level.

Such crimes are of the greatest public danger. Therefore, article 105 of the Criminal Code of the Russian Federation, part 1, provides for punishment exclusively in the form of imprisonment.

Moreover, these acts are classified as particularly serious. This is determined by Art. 15 of the Criminal Code of the Russian Federation. This rule establishes categories of crimes. According to its provisions, acts for which a sentence of 10 or more years of freedom can be received are classified as especially grave.

Sanction Art. 105 of part 1 of the Criminal Code of the Russian Federation establishes punishment in the form of isolation from society for a period of 6 to 15 years. Such a large difference in punishments is due to the different circumstances of the commission of these crimes.

For example, if the deceased behaved defiantly, his actions were aggressive or offensive, then the guilty person can count on leniency. In such situations, a sentence of 8 years in prison is often imposed.

Important!!! The unlawful actions of the victim are recognized as a mitigating circumstance. But they must be established during the investigation and confirmed by the case materials. For example, the testimony of eyewitnesses of the incident.

Part 2

This offense has two parts. The first part establishes punishments for unqualified crimes. This means there are no aggravating circumstances. And Article 105 of the Criminal Code of the Russian Federation, part 2, establishes punishment for the commission of murder in the presence of aggravating conditions. They should be listed in more detail:

killing two or more people. This means that causing the death of several persons, the actions of the culprit will not be assessed separately. If the event took place at the same time and in connection with similar circumstances, the crime will be qualified under Part 2 of Art. 105 of the Criminal Code of the Russian Federation. An important condition will be the intent of the person.

For example, a criminal quarrels with two neighbors during the joint drinking of alcohol. He takes a gun and kills both. That is, he had a single intent to kill these persons. Therefore, his actions are not separated from each other by a significant period of time. The murders themselves were committed because of the general conflict, in which both the dead and the perpetrator are involved. If the murders are committed for different reasons and are in no way interconnected with each other, the crimes should be classified separately. That is, the person will have several acts under Part 1 of Art. 105 of the Criminal Code of the Russian Federation;

in connection with the performance of duty by the deceased. In this case, there is a motive for revenge. That is, the deceased exercised his powers and there are no violations in his actions. But the guilty person believes that he was treated unfairly. For this reason, the offender commits the murder of an official or his relatives. When proving, much attention should be paid to the relationship between the actions of the offender and the professional activities of the deceased;
if the murder is committed against a pregnant woman. At the same time, the state of pregnancy should be obvious to the offender due to the long term. If the offender is aware of the pregnancy and knows it reliably, then such actions will also be qualified under Part 2 of Art. 105 of the Criminal Code of the Russian Federation;
when the murder is committed with extreme cruelty. As a rule, such crimes are committed through the use of knives, cutting or stabbing objects. But such actions can be even more cruel. For example, according to Part 2 of Art. 105 of the Criminal Code of the Russian Federation will be assessed as murder by burning a person or in any other painful way. If the victim experienced great suffering or the killing process was extended in time, this will be an aggravating circumstance;
murder committed in a way that is dangerous to others. This may be blowing up a car or other actions that pose a threat to others. Accordingly, criminal acts contain the potential risk of causing bodily harm to other people, damage to their property;
murder committed for hire also qualifies under the second part. This is true, because in this case, causing the death of another person is work. In addition, not only the contractor himself, but also the customer is liable for the second part. His actions will also be judged by the second part, but only as an organizer;
Separately, it should be noted the commission of a murder in connection with the race, nationality of another person. This is an attack on the principle of equality of citizens. At the same time, encroachment is the most dangerous of all possible forms.

All of these actions are of the highest public danger. This found its expression in the sanction of the second part of Art. 105 of the Criminal Code of the Russian Federation. The specified part provides for imprisonment for a term of 8 to 20 years. That is, it is simply impossible to get less than 8 years. Moreover, in some cases, criminals can receive life imprisonment. Such a punishment is prescribed for the most dangerous and harsh methods of murder.

It must be said separately that the sanction of the second part also implies the death penalty. But this type of punishment has not actually been executed for more than 20 years.

Part 3

It must be pointed out that Article 105 of the Criminal Code of the Russian Federation, part 3, is missing. This article contains only two parts. Therefore, it is not possible to describe the third one. At the same time, it should be noted that in the criminal law there is the concept of an unfinished crime. This means that the perpetrator performed all the actions to achieve his goal. However, his goal was not achieved due to circumstances beyond his control.

For example, the perpetrator struck a blow to a vital organ - the heart. However, the victim survived, thanks to timely medical assistance. In this case, the person's actions will be assessed as attempted murder. The qualification will look like this - part 3 of Art. 30 (attempt), part 1 of Art. 105 of the Criminal Code of the Russian Federation (murder). It matters for sentencing.

With an unfinished act, the punishment for it cannot be maximum. The court will be obliged to limit itself to 3/4 of the most severe type of punishment. For example, the sanction of the first part of the article establishes a punishment of 15 years in prison. Accordingly, 15 years is 180 months. So 3/4 is 135 months. It's a little over 11 years old. Thus, for attempted murder, the perpetrator cannot receive a more severe punishment than 11 years in prison.

Part 4

Similarly, article 105 of the Criminal Code of the Russian Federation, part 4, is not included in the criminal law. This part of the article does not exist. However, attention should be paid to the presence of extenuating circumstances. These are circumstances that directly affect sentencing. Such circumstances must be taken into account and described by the court when sentencing. They need to be considered in more detail:

immoral or illegal behavior of the victim. His actions should provoke the guilty. It is necessary to establish the fact that without such actions, the crime would not have been committed;
if the perpetrator has children. This is certainly an extenuating circumstance. The only exception is the deprivation of a person's parental rights. However, the fact of having children should be documented;
serious disease. There is a list of such diseases. As a rule, these include injuries, disability, hepatitis, HIV, and so on.

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Chapter 16 CRIMES AGAINST LIFE AND HEALTH

Article 105. Murder

Article 106. Murder of a newborn child by a mother

Article 107. Murder committed in a state of passion

Article 108

Article 109. Causing death by negligence

Article 110. Driving to suicide

Article 110¹. Inducing or facilitating suicide

Article 110². Organization of activities aimed at inciting suicide

Article 111. Intentional infliction of grievous bodily harm

Article 112. Deliberate infliction of moderate harm to health

Article 113

Article 114

Article 115. Intentional infliction of slight harm to health

Article 116. Beatings

Article 116¹. Beating by a person subjected to administrative punishment

Article 117. Torture

Article 118. Causing grievous bodily harm through negligence

Article 119

Article 120. Compulsion to remove human organs or tissues for transplantation

Article 121. Infection with a venereal disease

Article 122. Infection with HIV infection

Article 123. Illegal performance of artificial termination of pregnancy

Article 124. Failure to provide assistance to a patient

Article 125. Leaving in danger

Part one

Part two

Kill Qualification

Circumstances of the murder

105 article of the Criminal Code of the Russian Federation. Part 2

Article 106 of the Criminal Code

Article 107 of the Criminal Code

Article 108 of the Criminal Code

Article 109 of the Criminal Code

Killing multiple people

Examples of punishment for murder

Article 105 of the Criminal Code of the Russian Federation

Part 1

Part 2

Part 3

Part 4

Chapter 16
CRIMES AGAINST LIFE AND HEALTH