Violation of the statutory rules of relations between military personnel is perhaps the most common crime after that provided for in Art. 337 of the Criminal Code of the Russian Federation Unauthorized abandonment of a unit.
The specificity of military crimes is that a special subject - a military serviceman - takes part in their commission; the crime is committed by him during military service, and with regards specifically to Art. 335 of the Criminal Code of the Russian Federation, the victim of this crime must also be a military serviceman of equal rank and position.
The disposition of Art. 335 of the Criminal Code of the Russian Federation implies a violation of the statutory rules of relations between military personnel in the absence of a relationship of subordination between them, associated with humiliation of honor and dignity or mockery of the victim or associated with violence. That is, an ordinary situation, assault, mockery, humiliation of a young fighter by an old-timer, forms precisely this composition. Part 1 art. 335 of the Criminal Code of the Russian Federation belongs to the category of crimes of minor gravity and provides for liability of up to three years in prison.
Qualified personnel provided for in Part 2 of Art. 335 of the Criminal Code of the Russian Federation contains such qualifying criteria as violation of the statutory rules of relationships in relation to two or more persons, by a group of persons, by a group of persons by prior conspiracy or by an organized group, with the use of weapons, causing moderate harm to health. Such composition may include hazing actions committed by a group of military personnel against another or other (several) military personnel. Such a crime already falls into the category of medium gravity and carries a maximum penalty of up to five years in prison.
And part 3 tbsp.
335 of the Criminal Code of the Russian Federation provides for even more severe liability of up to ten years in prison; it refers to serious crimes; a criminal offense is formed under it if hazing has resulted in grave consequences. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Protection under Art. 335 of the Criminal Code of the Russian Federation Violation of the statutory rules of relationships
There have always been and will be hazing relationships in the army; one cannot say that this is normal, but it is obvious that the conditions of military service, conscription age and the situation contribute to the emergence of hazing relationships. Suppressing such relationships by the state through criminal prosecution is not always adequate. Conscripts with a certain amount of service experience build their relationships with newcomers based on their experience, just as they were once treated. And this model of behavior is ineradicable. Protection under Art. 335 of the Criminal Code of the Russian Federation is based on the circumstances of the case studied by the defense. Hazing could have been provoked by the victim, which could affect the course of the criminal case; it is also especially important to pay attention to whether the accused is the subject of the crime, whether at the time of the incriminated act he could have been conscripted for military service due to health reasons, whether his period of military service has expired by this time. Also, it would not be amiss for the defense to insist on including materials that positively characterize the accused in the case file; this can also have a positive effect on the verdict.
Commentary to Art. 335 Criminal Code
1. The objective side of this composition is a violation of the statutory rules of relations between military personnel in the absence of subordination between them. The rules of relations between military personnel are regulated by the Charter of the Internal Service of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of November 10, 2007 N 1495.
Violation of the statutory rules of relations between military personnel must be associated with humiliation of honor and dignity, mockery of the victim, or involve violence.
Humiliation of honor and dignity is belittling the dignity of the victim, undermining his reputation, etc.
Mockery is an evil mockery, mockery of the guilty. It can be carried out in a decent manner, although its content is cynical and offensive, deeply wounding the human psyche.
Violence can be either physical (beatings, minor harm to health, restriction of freedom, etc.) or mental (various types of threats).
2. The act is completed from the moment of violation of the statutory rules of relations between military personnel.
3. The subject is a serviceman who violates the statutory rules of relations with another serviceman, in the absence of a relationship of subordination between them.
4. The presence of grave consequences (Part 3) must be established in the court verdict. They may be recognized as causing grievous harm to the health of the victim, causing death by negligence, suicide of the victim, etc.
Lawyer under Art. 335 of the Criminal Code of the Russian Federation Violation of the statutory rules of relationships
Lawyer under Art. 335 of the Criminal Code of the Russian Federation, when providing protection for hazing, uses the most effective methods of protection. The line of defense is developed by the lawyer together with the client based on the studied circumstances of the case. First of all, the solvency of the subject of the crime is checked, whether the client could have served in military service at the time of the crime, this is discussed above. If it turns out that the defendant could not be called up for military service for various reasons, his term of service has expired, then the incriminated act against him is subject to reclassification to a less serious article, or even termination of criminal prosecution. If, nevertheless, for such reasons it is not possible to improve the situation of the defendant, it is necessary to use other methods of protection, use mitigating circumstances, and take all necessary legal actions to avoid or alleviate the fate. If you or your relative are accused of committing hazing under Art. 335 of the Criminal Code of the Russian Federation, ensure yourself the protection of an experienced lawyer, call the phone number listed on the website.
Commentary on Article 335 of the Criminal Code of the Russian Federation
1. The objective side of the crime is a violation of the statutory rules of relations between military personnel, committed through the use of violence by some military personnel over others, humiliation of their honor and dignity, and mockery of them.
Humiliation of honor and dignity should be understood as a negative assessment of the personality of a serviceman and a citizen, humiliation of his reputation in the eyes of others, discrediting human dignity and military rank. Humiliation of honor and dignity can be expressed in the process of hazing, both verbally and in other actions of a demonstrably humiliating nature. Bullying involves performing the same actions, but in a more sophisticated form.
2. Violence can be physical or mental. Physical violence refers to beatings, as well as any actions that cause pain or slight harm to health.
3. The crime in question covers violent and other actions committed in connection with the official activities of the victim or not in connection with the service (for other reasons), but provided that at the time of the commission of the crime the victim or the perpetrator was performing military service duties. This act may be committed outside the performance of military service duties, when it was accompanied by a clear disrespect for the military team.
4. The subjective side of the crime presupposes the presence of direct intent.
5. The subject of the crime is a military serviceman who is not in a relationship of subordination with the victim.
6. The qualifying features of the crime are:
- commission of a crime against two or more persons;
- commission of a crime by a group of persons, a group of persons by prior conspiracy or an organized group;
— use of weapons;
- causing moderate harm to health.
In relation to two or more persons, the act may be committed simultaneously or at different times. Violation of the statutory rules of relationships, committed against the same person at different times, does not provide grounds for qualifying a crime under paragraph “b” of Part 2 of Art. 335.
The use of a weapon is its actual use in the process of committing the crime in question for the purpose of exerting physical or mental influence.
The concept of moderate harm to health is disclosed in Art. 112 of the Criminal Code.
7. Grave consequences (Part 3 of Article 335) may include causing grievous harm to the health of the victim, murder and causing death by negligence, as well as suicide of the victim or attempt on his life, etc.
Classification
According to Russian legislation, violations of the regulations by military personnel who do not have a relationship of subordination are classified as hazing in the army (Criminal Code of the Russian Federation, Art. 335) and are punished by detention in a disciplinary military unit or imprisonment for a prescribed period. There are several classes of illegal interpersonal interaction between military personnel:
1. Hazing in the army between colleagues of equal rank, the influence exerted on “young” soldiers by older soldiers (exceptions are cases of urgently needed defense):
- physical violence (bullying, beatings, forced labor, exploitation, forced physical activity in excess of established standards);
- economic (extortion, financial motives in the conflict, taking away money, deprivation of food, encroachment on personal belongings and allowances);
- sexual (harassment, rape);
- psychological violence (humiliation, insults, incitement to suicide).
2. Illegal forms of violence between equals in position and rank (officers, warrant officers, sergeants).
3. Illegal actions with manifestation of subordination - “boss - subordinate”:
- abuse of authority (exceptions include cases of influencing a coward in a combat situation, necessary self-defense);
- economic violence against subordinates (exceptions - actions of management when absolutely necessary);
- labor exploitation and abuse of official position;
- sexual violence against a subordinate.
4. Hazing actions of military personnel in relation to a leader - “subordinate - superior”:
- any form of violence towards the boss (bodily injury, injury, threat with a weapon);
- violence of an economic nature (robbery, robbery, theft);
- sexual violence.
The most typical forms in which hazing manifests itself in the army are the beating of new recruits by old-timers, the imposition of additional household and official duties, various types of coercion to fulfill whims, personal insults, moral pressure, threats of violence using physical force.
In some cases, the sign of subordination acts as an aggravating circumstance, and the same unlawful act or action can be qualified depending on the degree of subordination. This is how hazing in the army is regulated; the article of responsibility under the disciplinary charter and the Criminal Code of the Russian Federation will be different.
Nature of hazing
Depending on the composition of the offense, NDOs may be of the following nature:
- A disciplinary offense is an action of an illegal nature that does not contain criminal characteristics, but violates the charter of the armed forces and the requirements of administrative legislation. Responsibility for such violations is provided for in accordance with the disciplinary regulations - in the form of detention in a guardhouse or punishment.
- A crime is an action that poses a social and public danger and violates the law. Liability is provided for in accordance with criminal law and occurs in accordance with the requirements of the Criminal Code of the Russian Federation.
Judicial practice: sentences and punishment under Art. 335 of the Criminal Code of the Russian Federation
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