Murder is defined by law as the taking of the life of another person. For such a crime, people receive long prison sentences, up to life. Cases related to causing death are regulated by the Criminal Code of the Russian Federation; when such acts are committed, a criminal case is initiated against the perpetrator. Any situation in this part of the law has many nuances that depend on the specific case. If a citizen did not even commit a murder, but, for example, was a witness, he needs a qualified lawyer.
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How does the law differentiate types of murder?
A person can take someone’s life by accident, without malicious intent, and then the punishment for him will not be as cruel as if he intentionally causes death. In this regard, legislators have divided such crimes into several types, each of which provides for different terms and penalties. Chapter 16 of the Criminal Code of the Russian Federation talks about all crimes against human life and health.
The law divides all crimes into light, moderate, grave and especially grave. So, murder belongs to the latter type, since it involves the taking of life; but how much they give for it depends on many factors. Article 105 of the Criminal Code of the Russian Federation calls murder the intentional infliction of death of another person and states that such a crime is punishable by 6 to 15 years in prison. The article also adds restriction of freedom for up to 2 years (which can be added to the main punishment).
According to paragraphs 16 of Chapter 16 of the Criminal Code of the Russian Federation, all murders can be differentiated into:
- intentional deprivation of human life as such (murder and its subtypes);
- causing the death of a newborn by his own mother;
- deprivation of a person’s life in an inadequate state (in a state of passion);
- murder in self-defense;
- causing death by negligence.
Punishments for all these acts can be very different, because the investigation always takes into account the condition of a particular person. How much they pay for murder depends on many factors. An important role is played by the circumstances in which the act was committed, as well as the time, place and availability of the opportunity to avoid it.
What does the article of the Criminal Code of the Russian Federation say for murder by negligence?
According to the law, negligent homicide involves some act or omission that results in the death of one or more people.
The main difference between unintentional murder and a specially planned crime can be called the lack of motivation. At the same time, one should not compare murder by negligence with accidental murder. If a person’s death was caused completely by accident, then the culprit is not punished. If we are talking about inattention, it means that the culprit had a chance to foresee the consequences of his actions, but did nothing about it. Accordingly, murder by negligence is punishable in accordance with the relevant article.
Such crimes include:
- murder due to rashness;
- murder due to careless behavior or actions.
As established in the first part of Article 109 of the Criminal Code of the Russian Federation, punishment for a crime of this nature occurs in the following cases:
- when violating or ignoring generally accepted rules;
- when precautions and safety measures are not observed;
- with one’s own carelessness and thoughtlessness.
Examples of such situations include careless use of weapons or dangerous substances.
The circumstances of the murder and the condition of the killer
The second part of Article 105 lists the main types of murder, including the most serious: the deprivation of life of a pregnant woman, helpless minors, committed with rape, for the use of human organs. For all these acts, the law establishes punishment from 8 to 20 years in prison, or life imprisonment.
Other articles dealing with causing death (106–109) describe various circumstances in which a person's life was taken. In addition, the physical and moral condition of the killer is of great importance. Taking these factors into account, the court determines the punishment.
There is another crime close to murder - incitement to suicide, inducement to it, assistance in such an act, for which they are also severely punished, no matter how many excuses the criminal comes up with. Other crimes against human life and health include:
- causing grievous harm intentionally and through negligence;
- beatings and torture;
- HIV infection;
- coercion to remove internal organs of people and others.
However, the most serious is the deliberate planned murder of a person, which is also called qualified. No mitigating circumstances will help here, and the punishment will be the most serious. The perpetrator may face life imprisonment and the statute of limitations will be lifted.
Issues of determining the amount of sanctions
In the process of determining the amount of the sanction, the court will have to qualify in detail the actions of the guilty person; for this purpose, the following circumstances must be established:
- how many people died from the actions of the perpetrator;
- the age of the victim and the offender;
- the nature of the act committed (whether there was a sign of particular cruelty);
- what method was used in the process of violent deprivation of life (a generally dangerous method is a qualifying method and entails a more severe punishment);
- the presence of other motives and motives of the guilty person.
For the application of punitive sanctions under this provision of the law, the weapon of murder does not matter, with the exception of a generally dangerous method of deprivation of life. For example, taking a life with a knife or a gun will have the same legal consequences.
Establishing aggravating and mitigating circumstances will be important for assigning a final sanction for the composition in question. Identification of the following mitigating factors will allow the court to impose minimum terms of imprisonment:
- commission of a criminal act by a minor;
- the woman is pregnant or is raising a young child;
- the wrongfulness of the actions of the deceased himself.
- difficult life circumstances, as well as other factors regulated by Art. 61 of the Criminal Code of the Russian Federation.
Types of murder and punishments for them
Causing death by a mother to a newborn child. Such a crime is punishable by restriction of freedom for a term of 2 to 4 years, forced labor for up to 5 years and imprisonment for a term of up to 5 years. Despite the gravity of the crime, the state limits the term of punishment (Article 106 of the Criminal Code of the Russian Federation).
This is due to the possibility of depression, psychological postpartum trauma, and other mental disorders of the young mother. But if she took the life of her own child intentionally, fully aware of her act, her punishment increases.
Deprivation of life in a state of passion also applies to not particularly serious types of murder, but how many years are given for it depends on the circumstances and condition of the perpetrator. For such crimes, the court imposes punishment in the form of forced or correctional labor from 2 to 5 years, imprisonment for up to 5 years.
If a person killed his offender, who mocked him, insulted him, and forced him to commit illegal actions, this will be considered mitigating circumstances. In this case, the killer himself was a victim and took the life of another person in a state of passion. He could commit the same act against two or more people, and then he would be given a longer term of labor or prison (Article 107 of the Criminal Code of the Russian Federation).
If a person killed someone because he was defending himself and did not calculate his strength, the crime is classified as murder as a result of exceeding the limits of necessary self-defense. Despite the “unpremeditation” of the murder, the perpetrator faces correctional labor or imprisonment for up to 2 years (Article 108 of the Criminal Code of the Russian Federation).
Causing the death of a person who himself committed a crime and who needed to be detained is equated to the same type of crime. The perpetrator faces a similar punishment, only for up to 3 years. Such measures are due to the unplanned and “accidental” nature of the murder.
The lightest punishment for committing murder by negligence is forced labor, as well as restriction or imprisonment for up to 2 years. Causing death in such cases is usually associated with negligence in the performance of professional duties. Such a person is also prohibited from engaging in certain activities and working in leadership positions (Article 109 of the Criminal Code of the Russian Federation).
Confession when committing murder
Confession and assistance in the investigation can also be considered as a mitigating circumstance, however, in this case, the guilty person will have to take active actions aimed at assisting law enforcement agencies or the court in establishing all the accompanying factors of the crime (including searching for and bringing to justice other criminals ).
The court is also given the right to independently determine the list of additional mitigating factors not listed in Art. 61 of the Criminal Code of the Russian Federation. This allows the defense to use any evidence aimed at facilitating the fate of the defendant during the trial.
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Dmitry Leonov
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Contradictions in the classification of assassination attempts
The murder of two or more persons is considered as one criminal act and does not form a set of crimes. At the same time, in accordance with the changes in paragraph. 2 clause 5 of the Supreme Court Resolution No. 1 of January 27, 1999, the deprivation of life of one person and the unfinished murder of a second (attempt) cannot be attributed to the deprivation of life of two or more persons. In this situation, the offense should be considered, regardless of the intentions and timing of the act, as part 1, 2 of Art. 105, part 3 art. 30 of the Criminal Code of the Russian Federation.
The difficulty of qualification lies in the presence of contradictions. On the one hand, taking the lives of several people should be considered as one crime. On the other hand, when at least one murder attempt ends unsuccessfully, the event can be regarded as both one unfinished crime and as a set of such.
This contradiction can be resolved in one of two ways: either by recognizing the deprivation of life of one person and the attempt on the life of the second as an unfinished, ongoing offense, or by applying to such situations the interpretation of both multiple murder and aggregation of crimes.
The latter consideration of the issue presupposes double standards that are unacceptable in legislation from a position of fairness. The first option corresponds to the provisions of Part 1 of Article 17, Article 30, paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, but violates the procedure for independent examination of each illegal action (Part 1 of Article 17 of the Criminal Code of the Russian Federation).
Skilled Murder
Qualified act - in the presence of aggravating features specified in the 2nd part of the article. If there are 2 or more such signs in the actions, all of them are listed in the sentence.
Qualifying characteristics were introduced into the article in 1999. They are located depending on the connection with the elements of the composition, relate to the object, the objective side, the subjective side. The classification is conditional, but it helps in facilitating the search for the norm when qualifying a murder.
Qualified signs:
- Qualified characteristics include the murder of 2 or more persons. Since life is the object of crime, its danger increases with the number of people killed. Therefore, back in 1960, such a feature was recognized as qualified and aggravating. At the same time, a sign remained that the murder was committed by a repeat offender. In 1999, such competition was eliminated.
- A combination of direct intent to kill a person and indirect intent towards others is possible. A combination of different motives is not excluded. For example, the murder of a wife and a random eyewitness. If one of the motives is indicated in the 2nd part of the article, this is reflected in the qualifications. If in an attempt on several persons only one person died, then what was done forms the totality of the attempt and the completed murder. The act is qualified under 1 or 2 parts of the article.
- The murder of a person or his relatives because of official work poses an increased danger - it encroaches on life and social relations. Carrying out official activities - serving in institutions, performing job duties. Fulfillment of public duty – specially assigned duties, useful actions. For example, this is participation in the suppression of a crime.
- For qualification purposes, it does not matter whether the murder was committed for revenge or for the purpose of obstructing activities. In practice, this sign is not recognized when causing death for failure to fulfill official duties - there is no encroachment on an additional object.
- Causing the death of a minor or helpless person is associated with kidnapping. The symptom combines 2 aggravating circumstances - the characteristics of the victim and the method of action. With helplessness, the danger of crime is increased due to concern for human protection. Crime is dangerous because achieving a result, forming an intention is easier, since the victim cannot fight back. Juvenility has no boundaries in the Criminal Code, but according to other laws it is considered a person under 14 years of age.
- Other helpless persons are the seriously ill, the elderly, or with mental disorders. The list is not exhaustive, and some characteristics require assessment. Helplessness may occur due to a condition, but may not be a permanent feature. It also includes fainting, deep sleep, and severe intoxication. Helplessness is subject to the court's assessment. This is also age - a minor or an elderly person can fight back if there are signs of handling a weapon. Also, old age is a flexible concept. Illness also does not always equal a helpless state.
Helplessness as a result of the actions of the perpetrator - the person is in this state before the attack. Cases when the victim cannot defend himself due to the suddenness of the attack, stabs from behind, or significant superiority in strength should be distinguished from the murder of a helpless person.
Kidnapping-related homicide is widespread. The captured person finds himself in a helpless state. Other people may also be killed. The qualification additionally applies Art. 126. Criminal Code of the Russian Federation.
Qualification criteria
Causing the death of a pregnant woman - the offender must know about this condition. These may be visual signs or knowledge from others, from herself. The danger of the crime is the murder of both the woman and the child. If the killer believed the woman to be mistakenly pregnant, this is not an attempted crime, since death was actually caused. The mistake does not affect qualifications, the crime is over.
The objective side of qualified murder:
- with particular cruelty;
- in a generally dangerous manner;
- by a group of persons in conspiracy.
The first option is the most common. Particular cruelty is associated with the method of murder. This is a particularly painful outcome: before the deprivation of life, torture, mockery were used, poisons, fire, aggressive substances were used, burying alive, deprivation of food, in the presence of loved ones, no help was used to prolong the torture.
Previously, special cruelty meant mockery of a corpse, but now this is a separate article. If the killer mistakenly believes that the victim has died, and he mocks her, these actions are subject to special qualifications.
It is necessary to distinguish between causing torment and causing suffering. Multiple wounds do not equate to extreme cruelty. Sometimes this is a manifestation of a state of passion. If relatives were present at the death of a person, then special cruelty is considered such when mental suffering was caused to them. The degree of proximity is secondary. If, for special cruelty, the offender leaves the victim in a helpless state, no additional qualifications are required.
A generally dangerous method of causing death is dangerous for many people. The damaging properties of the weapon and the specific method of use are taken into account. This is an explosion, arson, shots in the crowd, poisoning of water and food. The crime may not be charged if the perpetrator did not understand that the threat was also directed against other persons. In case of real harm, additional qualification occurs under articles responsible for causing harm to health.
Increased liability applies if the act was committed by a group of persons. This makes it easier to achieve the result of the act and makes it difficult for the victim to resist. Group – at least 2 persons. If there was only one perpetrator, then instigators and accomplices are not qualified under Article 105. The perpetrator is a person with the intent to commit murder who is directly involved in the death of the victim. Accomplice - assists the perpetrator, gives advice, creates conditions favorable for murder. Concealment that was not promised in advance does not constitute complicity - actions are qualified under Art. 316.
Co-performer - each of the participants performs an element or a completely objective aspect of the act. Establishing the role of each participant is important for assigning a measure of responsibility. Any other participation without violence does not constitute co-execution.
The subjective side of qualified signs: revenge, self-interest, hiring, robbery, hooliganism, the purpose of concealing a crime, rape, social hostility, the purpose of using the organs of the murdered person. Blood feud - in some regions it means that the victim’s relatives must take revenge on the offender by killing. But the relatives of the new victim also follow this motive, which causes the death of many people. Unlike a simple act, this is accompanied not only by a feeling of personal hostility, but by the desire to observe custom and avoid shame. Qualification is not affected by the place where the act was committed or nationality.
Self-interest or hiring - accompanied by the receipt of remuneration. Accomplices are liable under Article 33. The customer is the organizer and intermediary who selects the performer. In the psychology of hired killers, self-interest is not always the determining factor. Robbery and banditry are always associated with the seizure of property. Additional qualifications under 209 and 30 are required.
The mercenary motive is taken into account when it occurs before the murder, and not after. No actual benefit is required. If the perpetrator had personal motives, then the qualifying feature does not apply. For example, killing a creditor does not require such qualification, since there is no acquisition of property or disposal of costs. Also, not every domestic murder is simple - self-interest when refusing a cigarette.
Ambiguity in the definition of motive
The motive of a crime is the reason that prompted the perpetrator to commit a criminal act aimed at achieving a specific goal (the murder of two or more persons).
The main problem in determining the motive for a murder is that it is not always possible to unambiguously establish the reasons for the crime. In addition, motivation in the process of committing illegal actions may undergo changes.
Another factor complicating the disclosure of the true reasons for the crime may be different motives united by one crime (for example, when several people are killed with a firearm). The motive acts as an independent characteristic of the subjective side of the offense, while qualifying one incident with different motives under paragraph “a”, part 2 of Art. 105 of the Criminal Code of the Russian Federation, one of them is not taken into account or is included in the murder to which it is not related.
The intent in a crime for the same motive may differ. So, one person can be killed by direct intent, the second - by indirect intent. If several persons are deprived of life by different actions and for different reasons, the act cannot be considered as a single thing and is classified according to the totality of crimes.
