What are crimes against the person?

The list of crimes against a person is enshrined in Section VII of the Criminal Code (CC) of the Russian Federation. These include illegal acts that infringe on health and life, personal dignity, honor and freedom. They also include crimes directed against minors, families, rights and sexual integrity guaranteed by the Constitution of the Russian Federation.

In Art. 2 of the Russian Constitution, a person is recognized as the highest value for the state. Therefore, illegal acts committed against him are punished more severely than, for example, tax evasion.

If a crime has been committed against a person, the citizen has the right to seek protection from the police or prosecutor's office. Their responsibilities include advocating for the interests of the victim and imposing restrictions on the offender. However, police officers or prosecutors do not always achieve justice.

The criminal may not be punished, and sometimes innocent people are brought to justice. To correctly qualify the act and establish a punishment commensurate with it, you will need to consult a criminal lawyer. He will also help collect all the evidence in the case and become a defender of the victim or suspect in court.

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Crimes against health and life

Crimes against health and life include the following illegal acts:

murder - a separate classification is subject to the forcible termination of the life of a newborn child by the mother, in a state of passion, through negligence and in excess of necessary self-defense;
incitement to suicide - people who committed a crime deliberately, promoting suicide on their own or being members of an illegal organization are punished more severely (for example, the notorious “Blue Whale”, whose members drove teenagers to suicide);
causing harm to health - harm is classified from mild to severe, and people who intentionally or recklessly caused injuries to the victim are brought to criminal liability;
beatings - these include actions that caused pain to an individual, but did not lead to dangerous consequences for health (for example, fractures, serious blood loss);
torture is a special type of crime against a person’s personality, involving the systematic infliction of moral and physical suffering without dangerous consequences for the victim’s health;
threats of harm to health or murder - words are also considered a crime if a person had real fears of carrying them out (for example, the threatening person was holding a knife);
coercion to donate - if a citizen is forced to donate blood, donate an organ or live tissue, then such demands are considered a crime;
infection of an individual with HIV infection or a sexually transmitted disease - only people who knew about the presence of the disease in their body are brought to criminal liability;
illegal abortions;
failure to provide medical care or obstruction of urgent medical measures;
Leaving in danger - this act can include, for example, leaving a young child near the flame of a fire without support.

The most severe punishment for crimes against the person described above is life imprisonment. If the consequences are not serious, the judge has the right to replace the punishment with a fine (on average up to 80 thousand rubles), arrest, or forced labor for up to 5 years.

Important! A state of passion or self-defense does not exempt citizens from criminal liability, but only mitigates the punishment.

The concept of extremism. Administrative and criminal liability of minors for extremism.

Lack of tolerance in people often leads to negative consequences: the inability to recognize and accept what is different easily develops into hostility and can ultimately take on truly destructive proportions.

Extremism

(from French extremisme, from Latin extremus - extreme) - commitment to extreme views and, in particular, measures (usually in politics). Among such measures one can note the organization of riots, civil disobedience, terrorist acts, and methods of guerrilla warfare. The most radical extremists often deny in principle any compromises, negotiations, or agreements. The growth of extremism is usually facilitated by: socio-economic crises, a sharp drop in the living standards of the bulk of the population. In such situations, extreme measures may become for some individuals and organizations the only opportunity to really influence the situation, especially if a revolutionary situation develops or the state is engulfed in a long civil war - we can talk about “forced extremism.”

Extremism is a commitment to extreme views and measures.

Extremist acts can be defined more precisely based on two main criteria:

a) they are not only used as a direct way to achieve political, ideological and social goals, but are also an instrument of publicity and intimidation;

b) they are aimed at causing harm not to the direct enemy, but to other people.

The primary goal of extremist acts is not direct physical harm, but their psychological impact in terms of attracting public attention and undermining the authority of the state in ensuring the safety of its citizens.

Under political extremism

one should understand political activity, which is expressed in the desire of politically active individuals, public to realize their political ideals by all available means, including forms of violent influence aimed at state power, society as a whole or any of its elements. Extremism penetrates into all areas of public life:

Economic extremism

. Aimed at the destruction of diversity and the establishment of any one form of ownership, uniform methods of farming, etc.

Nationalist (national) extremism

. Finds expression in inciting enmity and hatred between nations and nationalities.

Extremism in the field of culture

. Focused on isolationism, rejection of experience, achievements of other cultures, manifested in the promotion of violence, cruelty, and destruction of historical monuments.

Environmental extremism.

He opposes scientific and technological progress in general, believing that the elimination of environmentally unfavorable industries is the only possible way to improve the quality of the environment.

Administrative and criminal liability for manifestations of extremism.

Hooliganism, public display of Nazi symbols, distribution of extremist materials, vandalism, desecration of burial sites, and much more can be considered as manifestations of extremism. Various manifestations of extremism are subject to both administrative and criminal liability.

Criminal liability is rightfully considered the most severe type of liability provided for committing crimes. Punishment for a criminal offense may include a fine, compulsory labor, or imprisonment up to life. The Criminal Code of the Russian Federation also provides for such a type of punishment as the death penalty for the most serious crimes. However, the death penalty is not yet used in practice in the Russian Federation. The Constitutional Court of the Russian Federation points out the impossibility of applying the death penalty even on the basis of a guilty verdict passed on the basis of a jury verdict.

Administrative liability is provided for less serious offenses. And accordingly, administrative penalties are not as severe as criminal ones. For example, for committing an administrative offense there may be a fine (for citizens - up to 5,000 rubles) and confiscation of certain items.

The list of administrative offenses and penalties is provided for by the Code of Administrative Offenses of the Russian Federation (CAO RF).

The list of criminal offenses and punishments is provided for in the Criminal Code of the Russian Federation (CC RF).

Administrative responsibility for manifestations of extremism

Before starting a discussion of specific administrative offenses, I would like to note that administrative responsibility lies with citizens who have reached the age of 16.

1. One of the most common types of offenses is hooliganism.

Moreover, administrative liability is provided for petty hooliganism.
For more serious cases – criminal charges. According to Art.
20.1 of the Code of Administrative Offenses of the Russian Federation , petty hooliganism is a violation of public order that expresses clear disrespect for society. This could be: obscene language in public places; offensive harassment of citizens; destruction or damage to someone else's property.

All these actions entail: the imposition of an administrative fine in the amount of 500 to 1000 rubles. The fine can be increased to 2,500 rubles if hooliganism was accompanied by disobedience to the legal demand of a government representative.

2. The next administrative offense is propaganda and public display of Nazi paraphernalia or symbols

, provided for in Art.
20.3 Code of Administrative Offenses of the Russian Federation .
Nazi paraphernalia and symbols may include banners, badges, uniform attributes, other distinctive signs, greetings and welcoming gestures. This ban is due to the fact that it insults the memory of the victims of the Great Patriotic War.

For such a violation, the following is provided: a fine in the amount of 500 to 1000 rubles with confiscation of attributes or symbols.

The production or sale of Nazi paraphernalia or symbols entails liability in the form of a fine for citizens in the amount of 1,000 to 2,500 rubles with confiscation of the subject of the administrative offense.

3. The next administrative offense is the production and distribution of extremist materials (provided for in Article 20.29 of the Code of Administrative Offenses of the Russian Federation).

Extremist materials are documents or information on other media that call for extremist activities. These include: the works of the leaders of the National Socialist Workers' Party of Germany, the Fascist Party of Italy, publications justifying national and (or) racial superiority; publications justifying the commission of crimes against any ethnic, social, racial, national or religious group.

This offense entails: the imposition of a fine on citizens in the amount of 1,000 to 3,000 rubles with confiscation of the specified materials.

Criminal liability for extremist crimes.

The range of extremist crimes is quite wide. In accordance with Note 2 to Art. 282.1 of the Criminal Code of the Russian Federation, crimes of an extremist nature are understood as crimes committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group.

All these crimes can be divided into two groups:

1. Crimes against the person:

1) murder for these reasons – clause “l”, part 2 of Art. 105 of the Criminal Code of the Russian Federation;

2) intentional infliction of grievous bodily harm for the same reasons – clause “e”, part 2 of Art. 111 of the Criminal Code of the Russian Federation;

3) intentional infliction of moderate harm to health for the same reasons - clause “e”, part 2 of Art. 112 of the Criminal Code of the Russian Federation;

4) intentional infliction of slight harm to health for the specified reasons - Part 2 of Art. 115 of the Criminal Code of the Russian Federation;

5) beatings committed for the specified reasons - Part 2 of Art. 116 of the Criminal Code of the Russian Federation;

6) torture for the same reasons – clause “h”, part 2 of Art. 117 of the Criminal Code of the Russian Federation;

7) threat of murder or infliction of grievous bodily harm for the same reasons - clause 2 of Art. 119 of the Criminal Code of the Russian Federation.

2. Crimes against the constitutional rights and freedoms of man and citizen:

1) discrimination based on gender, race, nationality, language, origin, religion, etc. - Art. 136 of the Criminal Code of the Russian Federation;

2) obstruction of the exercise of the right to freedom of conscience and religion – Art. 148 of the Criminal Code of the Russian Federation;

3) obstruction of holding a meeting, rally, demonstration, procession, picketing or participation in them - Art. 149 of the Criminal Code of the Russian Federation.

Extremist crimes are crimes against public safety and public morality, as well as the security of the state:

1. Hooliganism committed on the grounds of political, racial, national or religious hatred or enmity or on grounds of hatred or enmity against any social group – Part 1 of Art. 213 of the Criminal Code of the Russian Federation.

2. Vandalism committed for the same reasons - Part 2 of Art. 214 of the Criminal Code of the Russian Federation.

3. Desecration of the bodies of the dead and their burial places, committed for the specified reasons - clause “b”, part 2 of Art. 244 of the Criminal Code of the Russian Federation.

4. Inciting hatred or enmity, as well as humiliation of human dignity for the specified reasons - Art. 282 of the Criminal Code of the Russian Federation.

5. Organization of an extremist community – Art. 282.1 of the Criminal Code of the Russian Federation

6. Organization of the activities of an extremist organization – Art. 282.2 of the Criminal Code of the Russian Federation.

As a general rule, persons over 16 years of age are subject to criminal liability.

However, for some, especially serious crimes (murder, vandalism, aggravated hooliganism, causing grave and moderate harm to health, and some others), citizens over
14 years of age bear responsibility.
Let's take a closer look at some of the crimes.

Article 213 of the Criminal Code of the Russian Federation

establishes criminal liability for hooliganism. Administrative liability has been established for petty hooliganism (which can only occur from the age of 16). But if hooliganism is committed with the use of weapons or motivated by political, ideological, racial, national or religious hatred, then this is already considered a crime and, accordingly, entails more severe liability in the form of:

-compulsory work for a period of 180 to 240 hours;

— corrective labor for a period of one to two years;

- or imprisonment for a term of up to five years.

Thus, if for petty hooliganism the offender faces only a small fine or arrest for up to 15 days, then if a crime is committed, even imprisonment for up to 5 years is possible. The age of responsibility in both cases is 16 years.

If hooliganism is committed by a group of people or is associated with resistance to a government official, then in this case the prison term can be increased to 7 years. By the way, in this case the age of responsibility has been reduced to 14 years.

It should be noted that the commission of any crime by a group of people or related to resistance to government officials is considered an aggravating circumstance and almost always entails more severe liability.

Article 214 of the Criminal Code of the Russian Federation

establishes liability for Vandalism. Vandalism is the desecration of buildings or other structures, damage to property on public transport or in other public places. If these acts are committed on the grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity against any social group, then they are considered extremist and are punishable by restriction of freedom for up to three years or imprisonment for a term up to three years. The age of responsibility has also been reduced to 14 years.

Article 243 of the Criminal Code of the Russian Federation

establishes liability for destruction or damage to historical and cultural monuments. This crime is punishable by:

- a fine in an especially large amount - up to two hundred thousand rubles or in the amount of the convicted person’s wages for a period of up to eighteen months;

- compulsory work for a period of one hundred twenty to one hundred eighty hours;

- imprisonment for up to two years.

Part 2 of Article 244 of the Criminal Code of the Russian Federation

establishes liability for desecration of the bodies of the dead and their burial places on grounds of political, ideological, racial, national or religious hatred or enmity, or on grounds of hatred or enmity in relation to any social group, as well as in relation to a sculptural or architectural structure dedicated to the struggle with fascism or victims of fascism, or burial places of participants in the fight against fascism are punished:

— restriction of freedom for up to three years;

- arrest for a period of three to six months,

- imprisonment for a term of up to five years.

Article 280 of the Criminal Code of the Russian Federation

establishes liability for public calls for extremist activities. Firstly, this article provides for a fairly large fine - up to three hundred thousand rubles or in the amount of the convicted person’s salary for a period of up to two years. Secondly, arrest for a term of four to six months, or imprisonment for a term of up to three years is also possible.

Article 282 of the Criminal Code of the Russian Federation

establishes liability for inciting hatred or enmity, as well as humiliation of human dignity. Responsibility arises only if these actions were committed publicly or using the media. The punishment for this crime is:

- either a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages of the convicted person for a period of one to two years;

- or deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years;

- or compulsory work for a period of up to one hundred and eighty hours;

— or correctional labor for up to one year;

- imprisonment for a term of up to two years.

Article 282.1
of the Criminal Code of the Russian Federation
establishes responsibility for organizing and participating in an extremist community. An extremist community is an organized group of individuals for preparing or committing crimes of an extremist nature.

Organizing an extremist group carries stricter penalties than simply participating. For example, the fine for organizing can reach up to two hundred thousand rubles, and for participation - only up to forty thousand rubles. In addition, a person who voluntarily ceases participation in the activities of an extremist group is exempt from criminal liability unless his actions contain another crime.

Crimes against personal dignity, honor and freedom

Spiritual values of an individual are also subject to protection by criminal law. Among the crimes that encroach on the moral and physical well-being of citizens are:

kidnapping - a crime refers to the actions of an attacker aimed at removing a citizen from his usual microsociety and detaining him in another place against his will;
unlawful deprivation of liberty - this act in the Criminal Code of the Russian Federation differs from kidnapping in that a person can be used not only to obtain a ransom or satisfy personal needs, but as a commodity (for example, when sold into slavery);
illegal placement in a psychiatric clinic;
slander is the dissemination of false information that unreasonably undermines the reputation of people and causes them damage (from moral to material).

Punishment for the above crimes: imprisonment for up to 5-6 years or forced labor for the same period, fines up to 5 million rubles.

The system of the Special Part of Criminal Law and the course system of the Special Part of the Criminal Code of the Russian Federation

The meaning of the Special Part of Criminal Law.

The meaning of the Special Part of Criminal Law:
1) in it, in exhaustive and strict accordance with the principle “there is no crime without an indication of it in the law,” those socially dangerous acts that encroach on the interests of the individual, society and the state, which are crimes, are described. There are no other elements of crime other than those provided for by the Special Part of the Criminal Code of the Russian Federation;

2) analysis of the norms of the Special Part allows us to answer the question: whether a person has committed a criminal offense and what crime it contains;

3) the norms of the Special Part determine the application of criminal liability measures.

The system of the Special Part of Criminal Law is a scientifically based arrangement of norms that determine responsibility for certain crimes in certain groups depending on generic and specific objects relative to each other within each chapter.

The criterion for constructing a system of the Special Part of the Criminal Code is generic and specific objects, i.e. groups of homogeneous social relations violated by essentially homogeneous criminal attacks.

The course system of the Special Part of the Criminal Code almost completely coincides with the system of the Special Part of Criminal Legislation, i.e. strictly corresponds to the sequence of sections and chapters of the Criminal Code of the Russian Federation.

Crimes against sexual integrity

Sexual integrity means that each person has the right to determine for himself with whom to enter into intimate relationships. Forcing sexual intercourse, as well as disseminating corrupting information, are punishable by criminal law. The Criminal Code of the Russian Federation includes crimes against sexual integrity of a person:

rape - coercion of a woman into intimate relations by a man without her consent and taking advantage of her helpless position;
violent acts of a sexual nature - these will include cases if, on the contrary, a woman forced a man to have an intimate relationship with her, as well as actions of both sexes aimed at committing unconventional sexual acts (including oral, anal penetration or other actions);
coercion to sexual activity - when a criminal threatens a person with reprisals against him, his loved ones, destruction of his property, slander if he refuses to have an intimate relationship with the attacker;
violation of sexual integrity of children and adolescents under 16 years of age;
lewd acts without violence against minors under 16 years of age - for example, demonstration of pornographic materials, genitals, sexual intercourse in the presence of children or adolescents, masturbation in front of them.

The crimes described above may be punishable by imprisonment for up to 20 years, a ban on holding professional positions for up to 20 years, a fine of up to 120 thousand rubles, and forced labor for up to 5 years.

Crimes against the person

Crimes against the person are one of the most dangerous types of crimes in terms of the object of attack.

Crimes against the person are such guilty illegal acts that are directly and directly aimed at causing harm to a person, his life, health, freedom, honor, dignity.

The Criminal Code has 53 articles providing for liability for this type of crime. They are divided into 5 chapters:

crimes against life and health: murder, incitement to suicide, beatings, torture, etc.;

crimes against freedom, honor and dignity of the individual: kidnapping, slander, insult;

crimes against sexual integrity and sexual freedom of the individual: rape, indecent assault, etc.;

crimes against the constitutional rights and freedoms of man and citizen: violation of the equality of citizens, violation of the inviolability of the home, etc.;

crimes against family and minors: trafficking in minors, child substitution, etc.

Crimes against life and health

Encroachments on human life and health are one of the most serious and dangerous crimes, since they cause irreparable (irreversible) harm to the most important social values - human life.

Criminal law knows the following crimes against life: murder (Article 105 of the Criminal Code of the Russian Federation), murder by the mother of a newborn child (Article 106 of the Criminal Code of the Russian Federation), murder committed when the limits of necessary defense were exceeded or when the measures necessary to detain the person who committed the crime were exceeded ( Art. 108 of the Criminal Code of the Russian Federation), causing death by negligence (Art. 109 of the Criminal Code of the Russian Federation), incitement to suicide (Art. 110 of the Criminal Code of the Russian Federation).

As can be seen from this list, most crimes against life are murders, followed by crimes such as causing death by negligence and inciting suicide

The object of murder, causing death by negligence and suicide is human life.

From the objective side, murder, causing death by negligence and suicide can be committed both through action and inaction. Actions in this case can be expressed in the direct physical impact of the perpetrator on the victim (wounding, poisoning, etc.), and indirect mental impact (threats, unexpected fear, etc.), which led to the unlawful deprivation of the life of another person or myself.

Death can also be caused by inaction. This is possible if the perpetrator is specifically charged with the duty to prevent the infliction or occurrence of death (of a mother in relation to a newborn child, a driver in relation to other road users, a doctor in relation to a patient and any person if his life is in danger, etc.).

The subjects of these crimes are natural, sane persons who have reached the age of 16, with the exception of Article 105 of the Criminal Code of the Russian Federation, the subjects of which are persons who have reached the age of 14.

The subjective side of murder presupposes a deliberate form of guilt (direct or indirect intent), when the guilty person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of socially dangerous consequences, and desired or consciously allowed these consequences, or was indifferent to them.

Crimes against sexual integrity and personal freedom

A type of crime against the person is socially dangerous attacks on a person’s sexual integrity and sexual freedom. Such attacks harm normal relationships between the sexes and are associated with the violent gratification of sexual desires, or with actions of a sexual nature against minors or minors. That is why they are often called sexual crimes.

The direct object of the crime is the relationship associated with an attack on the sexual integrity and sexual freedom of a particular person, violated by a socially dangerous action.

From the objective side, all crimes of this type are committed through action.

The subjects of these crimes are sane individuals who have reached the age of 14 for rape (Article 131 of the Criminal Code), violent acts of a sexual nature (Article 132 of the Criminal Code), for other crimes responsibility begins from the age of 16.

From the subjective side, the encroachments in question presuppose direct intent; motives are not significant when qualifying criminal actions.

Other types of crimes against the person

The chapter of the Criminal Code of the Russian Federation on liability for crimes against freedom, honor, and dignity of the individual follows from the constitutional provisions on the protection of freedom, honor, good name, and dignity of the individual (for example, Articles 21 - 21 of the Constitution of the Russian Federation).

The group of crimes against personal freedom includes kidnapping, illegal imprisonment, and illegal placement in a psychiatric hospital.

Kidnapping (Article 126 of the Criminal Code) means the taking of a person against his will, a seizure as a result of which he falls into the possession of the kidnappers

The Criminal Code of the Russian Federation includes “insult” and “slander” as crimes against the honor and dignity of a person. According to Article 130 of the Criminal Code of the Russian Federation, insult is understood as humiliation of the honor and dignity of another person, expressed in an indecent form.

According to Article 129 of the Criminal Code of the Russian Federation, libel is the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation. Unlike slander, with insult it does not matter whether the negative assessment of the victim’s personality corresponds to reality. Criminal liability for libel and insult is provided for from the age of 16.

Crimes that infringe on the constitutional rights and freedoms of man and citizen.

All constitutional rights and freedoms of man and citizen protected by criminal law form the specific object of the crime - a set of constitutional rights and freedoms.

The immediate object is a specific constitutional right or freedom granted by law, which is encroached upon by a specific crime. A number of compositions contain additional objects, which, in relation to specific articles, will be discussed below.

The objective side of crimes is expressed in action, or less often in inaction. A mandatory feature of several articles (Articles 139, 142 of the Criminal Code) is the method of committing the crime.

The subject of crimes against the constitutional rights and freedoms of man and citizen is a natural, sane person who has reached the age of 16. In a number of crimes - a special subject, for example, an official.

The subjective side of crimes encroaching on constitutional rights and freedoms. They are committed with direct or indirect intent; only one crime (Article 143 of the Criminal Code) can be committed through negligence - frivolity or negligence.

The motive for crimes is indicated as a mandatory feature only in Articles 137 and 145 of the Criminal Code; in other elements its establishment is not necessary.

The purpose of the crime is not a mandatory feature of the offenses under consideration.

Crimes against family and minors.

The criminal legal regulation of responsibility and punishment for involving a minor in the commission of antisocial acts (consumption of alcoholic beverages, intoxicants, prostitution, vagrancy, begging) has much in common with the regulation of responsibility and punishment for involvement in a crime. And in these cases we are talking about encroachments on the interests of the proper development and upbringing of a minor, on the rights and responsibilities of parents or persons replacing them.

Article 125. Leaving in danger

Knowingly leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, 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 he himself put him in a condition dangerous to life or health, is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a period of one hundred twenty to one hundred eighty hours, or correctional labor for a term of up to one year, or arrest for a term of up to three months, or imprisonment for a term of up to one year.

A victim is a person who is in a condition dangerous to life or health, deprived of the opportunity to take measures for self-preservation due to his youth, old age, illness or due to his helplessness. At the time of being left without help, the person must be in a condition that is dangerous to life or health (the reasons for getting into such a situation may be different). The danger to life or health is not apparent, but real.

The crime is expressed in inaction - leaving a victim in danger without help.

Article 125 of the Criminal Code stipulates the basis for the need to provide assistance to the victim: the perpetrator was obliged to take care of him. The existence of such an obligation is assumed even before the danger arises by virtue of law or contract (parents are obliged to take care of their children, and children are obliged to take care of their parents, a private security guard, by virtue of a contract, is obliged to take care of the protected person).

An important condition for criminal liability for inaction is that the person could act, which is directly stipulated in Art. 125 of the Criminal Code: “if the perpetrator had the opportunity to provide assistance.”

The crime is considered completed at the moment of failure to provide assistance to a person in need. A mandatory statement of any consequences for the victim is not required. If, as a result of inaction, the death of the victim occurs or harm is caused to his health, this is taken into account when choosing a punishment.

The subjective side presupposes knowledge: a person intentionally, deliberately leaves the victim without help.

Article 127. Unlawful deprivation of liberty

1. Illegal deprivation of a person’s freedom, not related to his abduction, is punishable by restriction of freedom for a term of up to three years, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years.

2. The same act committed:

by a group of persons by prior conspiracy;

no longer valid

with the use of violence dangerous to life or health;

using weapons or objects used as weapons;

in relation to a known minor;

in relation to a woman who is known to the perpetrator to be pregnant;

against two or more persons,

shall be punished by imprisonment for a term of three to five years.

3. Acts provided for in parts one or two of this article, if they were committed by an organized group or caused by negligence the death of the victim or other grave consequences, are punishable by imprisonment for a term of four to eight years.

A crime encroaches on a person's physical freedom. Additional objects of crime are honor, dignity, health, life, and property. The victims can be any person.

The objective side is characterized by a real restriction of the physical freedom of the victim. In contrast to the elements of kidnapping, in this case the victim is limited in freedom of movement against his will in the place where he was at his own request (locked in an apartment, office, etc.). Unlawful deprivation of liberty does not include moving the victim to another place.

The crime is ongoing and is legally considered completed from the beginning of the person’s deprivation of freedom of movement. The length of imprisonment does not affect qualifications.

From the subjective side, it is done with direct intent. The perpetrator is aware of the social danger of limiting the personal freedom of a person and desires this. Motives and goals may be different.

The subject of the crime is a person who has reached the age of 16 years.

A situation with illegal deprivation of liberty can arise in the activities of any private security guard, when, while performing his duties, a person may be illegally deprived of liberty, for example, in order to ensure the safety of the protected person, restrict access to him by strangers, the guards blocked exits from adjacent premises for third parties , thereby illegally depriving them of their freedom.

Article 137. Violation of privacy

1. Illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly displayed work or the media - is punishable by a fine of up to two hundred thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to eighteen months, or compulsory work for a period of one hundred twenty to one hundred and eighty hours, or correctional labor for a period of up to one year, or arrest for a period of up to four months.

2. The same acts committed by a person using his official position are punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions. or engage in certain activities for a term of two to five years, or arrest for a term of four to six months

The collection of information about a person’s private life means the theft or purchase of information that constitutes his personal or family secret. The collection of this information can be carried out in other ways: through surveillance, surveillance, surveys for storing and using the obtained information for any purpose without the consent of the person holding the personal secret.

In cases where obtaining information about the private life of a person by such methods is associated with a violation of the secrecy of correspondence, telephone conversations, postal, telegraph or other messages, the act is qualified under Part 1 of Art. 137 and art. 138 of the Criminal Code.

The dissemination, against the will of a person, of information about his private life that constitutes a personal or family secret means communicating it (orally or in writing) to other persons (at least one), as well as performing any other actions, as a result of which the information becomes available to many.

A crime can be committed with both direct and indirect intent.

The subject of the crime is a person who has reached the age of 16 years.

In part 2 art. 137 provides a qualifying feature: the use by a person guilty of violating privacy of his official position.

In cases where an official’s use of his official position in violation of privacy is associated with abuse of office, the actions should be classified as a set of crimes.

Violation of privacy may be associated with violation of the secrecy of correspondence, telephone conversations, postal, telegraph and other messages (Article 138 of the Criminal Code), as well as violation of the inviolability of the home (Article 139 of the Criminal Code). In case of harm to the rights and legitimate interests of a person whose personal life was interfered with by these methods, the act is covered by Art. 137, 138, 139 CC.

Article 138. Violation of the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages

1. Violation of the secrecy of correspondence, telephone conversations, postal, telegraph or other messages of citizens - shall be punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of one hundred twenty to one hundred. eighty hours, or correctional labor for up to one year.

2. The same act, committed by a person using his official position or special technical means intended for secretly obtaining information, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one year. up to two years, or deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or compulsory work for a period of one hundred eighty to two hundred and forty hours, or arrest for a period of two to four months.

3. Illegal production, sale or acquisition for the purpose of sale of special technical means intended for secretly obtaining information is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by restriction of freedom for a term up to three years, or imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

This crime can be committed by illegally listening to telephone conversations, reading correspondence, postal, telegraph or other messages made without the consent of the person interested in maintaining personal secrets. Those of the listed actions that are committed by persons (including officials) who are not authorized to carry out these actions by the legislation of the Russian Federation are illegal. Such persons also include private security guards.

The crime is completed from the moment of illegal familiarization with the contents of a telephone conversation, letter, telegraph, postal or other message (when obtaining information in an illegal way), as well as from the moment of communication of information obtained legally to other persons.

A crime can only be committed with an intentional form of guilt.

The subject of the crime is a person who has reached the age of 16 years.

In addition to the use of official position, Part 2 of Art. 138 provides as a qualifying feature the use of special technical means intended for secretly obtaining information.

Part 3 of Art. 138 provides for criminal liability for the illegal production, sale or acquisition for the purpose of sale of special technical means intended for secretly obtaining information.

Production, distribution (sale, transfer for permanent or temporary use), as well as acquisition for the purpose of distribution are illegal if they are carried out by persons not authorized to carry out operational investigative activities and who do not have a license for the production, sale and acquisition for the purpose of selling special technical means.

The subjective side is characterized by direct intent.

The subject of the crime is a person who has reached the age of 16 years.

Article 139. Violation of the inviolability of the home

1. Illegal entry into a home, committed against the will of the person living there, is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of one hundred twenty to one hundred eighty hours, or correctional labor for up to one year, or arrest for up to three months.

2. The same act, committed with the use of violence or the threat of its use, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by imprisonment for a term of up to two years.

3. Acts provided for in parts one or two of this article, committed by a person using his official position, are punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, or deprivation of the right to hold certain positions or engage in certain activities for a term of two to five years, or arrest for a term of two to four months, or imprisonment for a term of up to three years

Note. Housing in this article, as well as in other articles of this Code, means an individual residential building with its residential and non-residential premises, residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings that are not part of the housing stock, but are intended for temporary residence.

Article 25 of the Constitution of the Russian Federation guarantees the right to inviolability of home. No one has the right to enter a home against the will of the persons living there, except in cases established by federal law, or on the basis of a court decision.

To penetrate a dwelling means to get inside (enter the confines of a dwelling), to gain access for this (break a lock, open a door with a stolen, selected or made key, break or open a locked window, make a hole in a wall, etc.). Methods of penetration can be both open and secret.

The signs of the dwelling are indicated in the note to Art. 139. When defining housing, premises intended for permanent or temporary residence should be distinguished from premises used for temporary residence. For example, a warehouse, basement, attic or other space adapted for a homeless person to live in is not considered a dwelling.

It is illegal to enter a home if it is done against the will of the persons living there.

The crime is considered completed from the moment the action specified in the law is committed.

The subjective side is characterized by direct intent.

The subject of the crime is a person who has reached the age of 16 years.

As a qualifying feature in Part 2 of Art. 139 of the Criminal Code specifies the use of violence or the threat of its use. This sign determines the method of illegal entry into someone else’s home: beatings, harm to health, the use of physical force to suppress the victim’s resistance, as well as the threat of committing these actions.

Crimes against constitutional rights

The Constitution of the Russian Federation is considered a document with the highest legal force on the territory of our country. Therefore, it is not surprising that crimes against the person aimed at depriving the enjoyment of guaranteed constitutional rights will be severely punished. A person has the right to bring the perpetrators to justice if they:

discriminate against people based on race, nationality, gender, language, property, or religion;
disseminate family or personal secrets of a citizen;
publish postal and electronic messages, telephone conversations without consent;
engage in “espionage” using listening and video recording equipment;
illegally enter a home;
do not provide information to which a person is entitled or provide false information;
interfere with the holding of political elections;
do not comply with labor protection requirements;
do not employ a person, although according to all criteria he is suitable for a particular employer;
do not pay scholarships, wages, pensions;
violate copyright;
forced to become an adherent of one religion or another;
interfere with peaceful assemblies and rallies.

Punishment for crimes committed against the constitutional rights of an individual can be in the form of imprisonment for up to 6 years, fines up to 300 thousand rubles, forced labor for up to 5 years.