Any decent and sane person is obliged to treat with due respect the death of people, their burial places, memorial (gravestone) structures and everything that concerns such a difficult life situation as the loss of someone’s loved ones, friends, acquaintances. Unfortunately, not all citizens of the Russian Federation (and in the world community as a whole), especially the younger generation, lead a law-abiding lifestyle. They commit vile acts, completely devoid of morality and honor - they desecrate graves, mock the bodies of the dead, and also destroy tombstones, wreaths, fences, etc. Trying to understand the reasons for these actions, including determining the degree and severity of responsibility of the perpetrators, is the main goal of this article.
Punishment for desecration of the bodies of the dead and their burial places.
The concept and types of desecration of the bodies of the dead and burial places
Violation of the bodies of the dead means active actions consisting of:
- mockery of the remains of the deceased before burial;
- removing a buried person from the grave and causing mechanical damage to the remains, dismembering the body, and committing other cynical actions against it.
Desecration of burial sites consists of deliberate damage and destruction:
- graves;
- cemetery tombstones;
- places where rituals for burial and remembrance of the dead take place.
The elements of the crime, as well as responsibility for it, are specified in Article 244 of the Criminal Code of the Russian Federation.
Qualifying characteristics and measures of responsibility
A crime classified under Part 1 of Article 224 of the Criminal Code of the Russian Federation is a crime of minor gravity.
The following penalties are provided:
- Fine up to 40 thousand rubles. The amount of the fine may also be three months' income of the convicted person.
- Another type of punishment is compulsory work lasting up to 360 hours.
- Punishment in the form of correctional labor for up to 1 year or arrest for up to 3 months is also provided.
The crime has a number of qualifying characteristics. Responsibility for a qualified crime is higher. Punishment under Part 2 of Article 244 of the Criminal Code of the Russian Federation is assigned :
- in the form of restriction of freedom for up to 3 years;
- or in the form of forced labor for up to 5 years;
- or in the form of arrest from 3 to 6 months.
In addition, Part 2 of Article 244 of the Criminal Code of the Russian Federation provides for imprisonment for up to 5 years. Thus, the crime moves into the category of medium severity.
In paragraph “a” of part 2 the following qualifying characteristics are indicated::
- Committing a crime by a group of persons .
To qualify on this basis, there is no need to establish the preliminary nature of the agreement. It is enough to prove that not one person, but two or more, took part in the commission of the act, even if their actions were spontaneous. The legislator identified a group of persons as a separate qualifying feature, since damage from the actions of several people is always more significant. In addition, by performing joint actions, individuals are imbued with a common idea and feel support from their accomplices. - By a group of persons by prior conspiracy . To qualify a crime on this basis, it is necessary to establish an agreement between two or more participants to commit illegal actions. Conspiracy must precede the start of active actions. The severity of the crime increases because the act is preceded by planning and preparation of the crime.
- An organized group . The most serious of the qualifying criteria included in paragraph “a” of part 2 of this article. The crime in this case was committed not just by conspiracy, but by a stable group of people who deliberately united to commit crimes. As a rule, there is a distribution of roles within the group and careful planning of illegal acts.
Clause “b” of Part 2 of this article contains additional qualifying characteristics . These include committing actions motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity in relation to any social group, as well as in relation to:
- sculptural, architectural structure dedicated to the fight against fascism or victims of fascism;
- burial places of participants in the fight against fascism.
The legislator provides for more severe punishment for committing a crime for these reasons, because enmity and hatred in a multinational state may have the nature of a social problem. Stirring up political infighting:
- creates a situation of tension;
- shakes the existing foundations of society;
- may result in a violation of stability and public order.
A criminal who commits an act for these reasons is motivated by a feeling of hostility, antipathy, hatred towards representatives of others:
- nationalities;
- political beliefs;
- religious denominations.
Other reasons may include a sense of superiority or self-affirmation.
Persons who committed desecration of the graves of fighters against fascism are also subject to criminal liability under this paragraph. In addition, this clause includes actions to desecrate or damage sculptures, monuments, and architectural objects related to the fight against fascism.
It does not matter whether these objects are located in burial places of soldiers and civilians or whether they are a separate monument.
, as well as the threat of its use, as a qualifying feature In the event of a beating or minor injury to the victim, no additional qualifications are required. If moderate or serious harm to health is caused, the act is subject to additional qualification under the relevant articles of the Criminal Code of the Russian Federation.
Judicial practice under Article 244 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 29, 2018 N 35-APU18-5
against the decision of the Deputy Prosecutor General of the Russian Federation Gutsan A.V. dated October 25, 2021 on his extradition to law enforcement agencies of the Republic of Uzbekistan for criminal prosecution under Part 1 of Art. 244-2 of the Criminal Code of the Republic of Uzbekistan, was left without satisfaction. After hearing the report of Judge Istomina G.N., the speech of Dalabaev Sh.A. and lawyer T.V. Shirokov, who supported the arguments of the prosecutor of complaints, the speech of prosecutor K.I. Koval, who believed that the court ruling should be left unchanged, Judicial Collegium
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 20, 2018 N 49-APU18-24
He asks to change the sentence, to reclassify Kochkin’s actions under Art. 244 of the Criminal Code of the Russian Federation, reducing the punishment. The convicted Kochkin, in his appeal, considers the verdict to be based on assumptions and considers it unfounded and unfair. He asks that the sentence be reviewed and the punishment reduced. The convicted Rogov, in his appeal, believes that the court unreasonably rejected his testimony at the trial and made its conclusions based on assumptions. He gave his testimony during the investigation under pressure. He claims that he was sleeping during the murder, which can be confirmed by a witness whose details he does not provide.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 24, 2019 N 49-APU18-27
- according to Part 1 of Art. 244 of the Criminal Code of the Russian Federation to correctional labor for a period of 6 months with the withholding of 20% of wages to the state. Based on Part 3 of Art. 69 of the Criminal Code of the Russian Federation and paragraph “c” of Part 1 of Art. 71 of the Criminal Code of the Russian Federation for the totality of crimes by partial addition of punishments, 17 years of imprisonment with restriction of freedom for 1 year 6 months were imposed, with the establishment of restrictions and obligations set out in the sentence.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 02/07/2019 N 45-APU19-2sp
- November 23, 1993 under paragraph “a” of Art. 242, part 2 art. 108, paragraph “c” of Art. 244 of the Criminal Code of the RSFSR, on the basis of Art. 40 of the Criminal Code of the Russian Federation to 9 years in prison, released on April 2, 1999 on parole for 2 years 8 months 19 days;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 20, 2019 N 81-APU19-9
convicted under paragraphs “a”, “g”, “k”, part 2 of Art. 105 of the Criminal Code of the Russian Federation to nineteen years in prison; according to Part 1 of Art. 244 of the Criminal Code of the Russian Federation to ten months of correctional labor with the withholding of 10% of earnings to the state income; according to Part 2 of Art. 167 of the Criminal Code of the Russian Federation to three years in prison.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 29, 2019 N 5-APU19-60
Sukharev Ivan Vasilyevich, ... convicted on May 27, 2008 under paragraph “c” of Part 3 of Art. 158, part 1 art. 158, paragraph 1, art. 244 of the Criminal Code of the Russian Federation to punishment in the form of imprisonment for a period of 4 years, released on March 7, 2012 after serving the sentence, convicted under paragraph “g” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation to 15 years in prison to be served in a high-security correctional colony;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 30, 2019 N 74-APU19-6sp
- under points “a”, “c” of part 2 of article 244 of the Criminal Code of the Russian Federation for 1 year 6 months of imprisonment; - under Part 1 of Article 244 of the Criminal Code of the Russian Federation for 6 months of correctional labor. Based on parts 3 and 4 of Article 69 of the Criminal Code of the Russian Federation on the totality of crimes by partial addition of punishments, finally Esaulov A.N. sentenced to 13 years of imprisonment in a high security correctional colony with restriction of freedom for 1 year 6 months.
Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 12, 2018 N 16-UDP18-17
In a cassation submission, Deputy Prosecutor General of the Russian Federation L.G. Korzhinek, disagreeing with the decision of the Volgograd Regional Court of October 23, 2021, as well as subsequent decisions of the courts of appeal and cassation, points out that the conclusions of the courts of the Volgograd region on the existence grounds for returning the criminal case to the prosecutor in order to charge Volkov A.A. charges of committing a crime under paragraph “b” of Part 2 of Art. 244 of the Criminal Code of the Russian Federation, are not based on the law and the materials of the case. At the same time, the author of the cassation submission refers to the fact that the courts did not take into account the object and objective side of the specified corpus delicti, the unlawful actions of A.A. Volkov. and evidence collected in the case; rejecting the arguments of the cassation presentation, the presidium of the Volgograd Regional Court allowed a broad interpretation of the disposition of Art. 244 of the Criminal Code of the Russian Federation. Taking this into account, the cassation submission raised the question of canceling court decisions made by the courts of the first, appellate and cassation instances, and transferring the criminal case against A.A. Volkov. for a new trial.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 14, 2019 N 84-APU19-2
according to Part 1 of Art. 244 of the Criminal Code of the Russian Federation to 7 months of correctional labor with the withholding of 10 percent of wages to the state, and for the totality of crimes determined according to the rules of Part 3 of Art. 69 and paragraph “c” of Part 1 of Art. 71 of the Criminal Code of the Russian Federation, by partial addition of the imposed penalties - to 19 years of imprisonment with serving the sentence in a maximum security correctional colony, with restriction of freedom for a period of 2 years, with the establishment of restrictions: not to travel outside the territory of the relevant municipality where the convicted person will reside or to remain after liberation; not to change the place of residence or stay without the consent of the specialized body supervising the serving of a sentence in the form of restriction of freedom, with the imposition of the obligation to appear three times a month for registration with the above specialized state body.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 2, 2019 N 5-APU19-50
examined in open court the material on the appeal of Shirinov Sh.M. to the resolution of the Moscow City Court dated April 11, 2021, by which the resolution of the Deputy Prosecutor General of the Russian Federation dated March 4, 2019 on extradition to the competent authorities of the Republic of Tajikistan for criminal prosecution under Part 2 of Art. 244 of the Criminal Code of the Republic of Tajikistan
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated December 23, 2019 N 222-APU19-5
The testimony of Davranov himself, examined in court, witnesses Kh., T., K.A., specialist D. and other evidence underlying the verdict, including copies of procedural documents issued by the investigator of the Investigation Department at the Internal Affairs Directorate ... region of the Republic of Uzbekistan on the initiation of against citizens M. and I. of criminal cases under paragraph “b” of Part 2 of Art. 223 of the Criminal Code of the Republic of Uzbekistan (illegal travel abroad committed by a group of persons by prior conspiracy), Part 1 of Art. 244-2 of the Criminal Code of the Republic of Uzbekistan (creation, leadership, participation in religious extremist, separatist, fundamentalist or other prohibited organizations), Part 12 of Art. 154 of the Criminal Code of the Republic of Uzbekistan (mercenarism), and in relation to M., in addition, under paragraph “g” of Part 3 of Art. 244-1 of the Criminal Code of the Republic of Uzbekistan (production, storage, distribution or demonstration of materials containing a threat to public safety and public order, committed using the worldwide information network “Internet”), confirm Davranov’s awareness of M. and I.’s involvement in the activities of a terrorist organization.
Composition of the crime and criminal legal characteristics
- The direct object of the crime , that is, those social relations that the criminal encroaches on, are moral principles and customs for burying the bodies of the deceased. The criminal encroaches on national traditions in the field of burial, on the blessed memory and honor of people resting in burial places.
- The optional object , that is, what the criminal attempts indirectly, during the commission of the act, is the property of the relatives of the deceased, their intangible benefits.
The objective side consists of a number of actions. These include:
- Abuse of the remains of the deceased, which can be expressed in removal from the grave, dismemberment and other damage to the corpse, removal and theft of clothing and valuables, illegal burial in another place, and other cynical actions.
- Destruction of burial sites, structures and buildings on the territory of the cemetery in which memorial ceremonies are held. Actions that led to the destruction of the specified places or to their significant damage, in which their intended use becomes impossible.
- Damage to the specified objects, causing such damage as a result of which restoration and restoration are required.
- Desecration of objects by applying immoral inscriptions, images on them, leaving garbage and sewage in the indicated places with the aim of desecrating the burial site.
This crime has a material and formal composition. It is considered completed from the moment the consequences occur in the event of destruction or damage to the burial site.
In the case of committing actions to desecrate a burial place and desecrate the body of the deceased, the onset of socially dangerous consequences is not required, the crime is considered completed at the moment of commission of these actions.
The subject is a sane person who has reached the age of 16 . The legislator considered that full awareness of the illegality of one’s actions, their immorality and cynicism occurs by the specified age.
Younger adolescents may be driven by a desire for self-affirmation, imitation of elders, and other motives that are not directly related to the desire to damage morality and public interests.
The subjective side is characterized by direct intent . The criminal is aware of the social danger of his actions and desires the consequences.
If the harm was caused as a result of careless actions, there will be no crime. For example, if a driver, turning the car around near a burial site, inadvertently damages a tombstone, his actions will not be qualified under Article 244 of the Criminal Code of the Russian Federation due to the lack of direct intent.
Legal commentary on Article 244 of the Criminal Code of the Russian Federation
Criminal acts that are defined in part 1 of Art. 244 of the Criminal Code of the Russian Federation with comments, are distinguished by their low severity. The offenses recorded in Part 2 are moderate.
The direct object is considered to be relations in society of a moral nature, which relate to traditional events, customs, and rituals in the religion of burial. The unlawful act affects the memory of the deceased, their honor, the peace of their bodies, and the preservation of the burial site. An optional object is the non-financial well-being of relatives, housing and much more.
The subject is considered:
- The bodies of the buried.
- Burial site.
- Cemetery building.
- Construction over the grave.
The location of the burial should be considered a plot of land that was predetermined on the basis of environmental, sanitation, and ethical standards, with cemeteries for the burial of citizens or remains, and walls for placing vases with ashes.
This also applies to the crematorium and buildings that are intended for committing dead citizens to the fire, as well as other buildings that are used for rituals.
A building that is a monument, crypt, slab, sculpture, stele and other structure that has data about the citizen in whose memory these objects are installed should be recognized as a gravestone. A cemetery building is a structure that is used for ceremonies associated with the burial of the deceased.
This could be a chapel, a church, a hall for special funeral events, a crematorium and much more.
Burial is a rite of burial of a person upon the occurrence of his death based on traditional characteristics that do not contradict sanitary standards and other standards.
Thus, the above are the main legal points that relate to the analyzed article.
Art. 244 Criminal Code
1. The subject of the crime is the bodies of the dead, burial places, grave structures, cemetery buildings intended for ceremonies involving the burial of the dead or their commemoration.
2. The objective side of the crime is expressed in the commission of one of the actions listed in the disposition. Abuse of the bodies of the dead - actions in relation to buried or temporarily unburied remains, such as removing a body, a coffin with a body from the grave, removing objects from the body of the deceased, undressing, dismembering a corpse, etc. Desecration means the application of offensive inscriptions, signs, drawings that are incompatible with the purpose of the structure or object.
3. Actions to destroy or damage symbolic graves that do not contain human remains (with the exception of buildings dedicated to the fight against fascism or victims of fascism), as well as actions to steal objects located on or near the grave, do not fall within the scope of this action. articles.
Judicial practice under Article 244 of the Criminal Code of the Russian Federation
It is worth highlighting such judicial practice. Guilty citizen N. shouted phrases with a nationalistic character in front of unfamiliar citizens. In addition, he secretly stole objects from the grave.
For this he was punished in two categories:
- Art. 244 of the Criminal Code of Russia;
- Art. 282 of the Criminal Code of the Russian Federation.
The crime has elements based on materiality and formality. During the desecration of a citizen, the desecration of burial grounds, cemetery buildings, monuments over the grave and devices, the offense is designated as completed in the situation of the origin of any act that forms the objective part of the unlawful offense.
During liquidation or destruction, the illegal act will become complete when certain consequences occur. A subject who can be found guilty under Art. 244 of the Criminal Code of Russia, is an individual sixteen years old, who is also sane.
Commentary on Article 244 of the Criminal Code of the Russian Federation
1. The object of the criminal attack is public morality, which requires respectful treatment of the deceased.
2. Subject of the attack: a) bodies of the dead; b) grave structures; c) cemetery buildings intended for ceremonies related to the burial of the dead or their commemoration.
3. The objective side is characterized by: a) desecration of the bodies of the dead; b) destruction, damage or desecration of burial sites, gravestones or cemetery buildings.
4. Abuse of the bodies of the dead should be considered any immoral desecrating actions that are contrary to the traditions and customs accepted by a given people (digging up a grave and pulling the body out of the grave, not interring the body, illegal removal of organs, as well as damage, dismemberment or destruction of the corpse, etc.) .
5. Destruction should be understood as the complete destruction of monuments, tombstones, fences, which excludes their restoration or restoration.
6. Damage involves the making of obscene inscriptions on buildings, damage to monuments, fences, which does not exclude their restoration at certain costs.
7. Desecration of burial places, gravestones or cemetery buildings is any cynical immoral action that contradicts accepted traditions in society.
8. The subjective side of the crime is characterized by guilt in the form of intent, and direct intent.
9. General subject - a physically sane person who has reached the age of 16.
10. A qualifying circumstance is the commission of a crime: a) by prior conspiracy by a group of persons or an organized group (see commentary to Article 35); b) based on national, racial, religious hatred or enmity; c) in relation to a sculptural, architectural structure dedicated to the fight against fascism or victims of fascism, or burial places of participants in the fight against fascism; d) with the use of violence or the threat of its use.
11. The presence in the actions of the guilty party of a motive associated with national, racial, religious hatred is included in the subject of proof. The reasons for such hatred do not affect qualifications.
12. The legislator connects the qualifying circumstances with the subject of the criminal attack, if the act was committed in relation to a sculptural or architectural structure dedicated to the fight against fascism, victims of fascism, or burial places of participants in the fight against fascism. In this case, we mean objects related to the consequences of the Great Patriotic War, monuments perpetuating the feat of the people.
13. Violence or the threat of violence involves causing minor harm to health or beatings to the victim. Infliction of intentional moderate harm to health or intentional grievous harm requires additional qualification under Art. 111, 112.
14. The main elements of the crime reflect intentional crimes of minor gravity, while the qualified ones reflect those of medium gravity.
Distinction between related offenses
To correctly qualify unlawful acts, it is necessary to distinguish between related crimes.
Vandalism - Article 214 of the Criminal Code of the Russian Federation
The crime provided for in Article 244 of the Criminal Code of the Russian Federation differs from the crime provided for in Article 214 of the Criminal Code of the Russian Federation for the object of the criminal attack.
- The object of vandalism is public safety and the normal functioning of society. A criminal, by committing acts of damage to property, infringes on the interests of people using this property. The subject of encroachments are structures, buildings, structures, transport facilities intended for public use.
- The object of desecration of bodies and desecration of graves is public morality, the memory of the deceased, their good name, and burial traditions. The objects of criminal assault in this case are the bodies of the deceased, tombstones and monuments, objects used to commemorate the dead.
Hooliganism - Article 213 of the Criminal Code of the Russian Federation
The object of hooliganism under Article 213 of the Criminal Code of the Russian Federation is public order. A hooligan disturbs the peace of citizens, wants to disturb the peace of citizens, and causes outrage with his actions.
Actions under Article 244 of the Criminal Code of the Russian Federation are directed against public morality and morality, affecting the following issues:
- burials of the deceased;
- preserving the memory of them;
- keeping the remains intact.
