All the information you need about attempted murder. Responsibility for a crime under Article 105 of the Criminal Code of the Russian Federation

Murder is one of the most serious types of crime. However, criminal law provides for punishment not only for causing death itself, but also for attempting to commit this crime. In cases where a murder has taken place, the perpetrator will face punishment under Art. 105 of the Criminal Code of the Russian Federation, but even when it fails, the criminal will also have to face this article, as well as Art. 30 of the Criminal Code of the Russian Federation.

Article-by-article comments will help you understand in more detail what it is, what kind of intent is possible, how an attempt differs from a threat to murder - and how many years the criminal is ultimately given.

What it is? Definitions

In most cases, the punishment provided for by the Criminal Code of the Russian Federation is imposed for a crime that has already been completed. However, situations are possible when criminal actions for some reason were not brought to the result planned by the criminal. It is then that we can talk about an attempt or an unfinished murder.

Russian criminal legislation divides crimes into completed and unfinished (Article 29 of the Criminal Code of the Russian Federation). The difference between them is as follows:

1. An act that contains all the elements of a crime provided for by the relevant norm of the Criminal Code of the Russian Federation (in relation to murder - Article 105) is considered completed.
2. Preparation for a crime and an attempt on it are considered unfinished (Article 30 of the Criminal Code of the Russian Federation).

The concept of assassination attempt is described in Part 3 of Art. 30 of the Criminal Code of the Russian Federation. According to its norms, this concept means the following:

• The actions (or inaction, since in certain cases one can kill by inaction) of the guilty person have already taken place.
• The result to which the intent of the perpetrator was directed (namely, causing the death of another person) was not achieved.
• Moreover, the result was not achieved due to circumstances that did not depend on the will of the criminal (third parties intervened, the crime weapon turned out to be unusable, etc.).

For comparison, you need to indicate what is called preparation for a crime. According to Part 1 of Art. 30 of the Criminal Code of the Russian Federation, this concept refers to actions that are not yet directly aimed at committing a crime, but are preparation for it. This may be a conspiracy between accomplices, the search for instruments of crime, as well as other deliberate actions aimed at creating conditions for a criminal act. Cooking is punishable in two cases:

1. When it itself constitutes a crime (for example, when, in preparation for murder, a person illegally acquires and stores military weapons or other weapons of crime from among the things prohibited for circulation).
2. When it comes to preparing to commit a serious or especially serious crime. The degree of severity is determined according to the rules of Art. 15 – and art. 105 of the Criminal Code of the Russian Federation falls into this category.

Important! When the preparation contains signs of a separate crime, the perpetrator will be convicted under two articles at once, and the punishment will be assigned to him according to the rules of addition established by Art. 69 of the Criminal Code of the Russian Federation.

Differences between an attempt and a threat

Partially similar to an attempt or preparation is the crime of threat of murder (Article 119 of the Criminal Code of the Russian Federation). The main difference between these two types of illegal acts is as follows:

• The purpose of the threat is psychological pressure on the victim. The purpose of an unfinished murder is to directly cause death, even if not completed for some reason.
• The threat is qualified under a separate article of the Special Part of the Criminal Code of the Russian Federation and does not require a reference to Art. 30 General Part. Attempt always requires this link, since it usually does not form an independent crime - it is punished only as part of the general crime provided for in Art. 105 of the Criminal Code of the Russian Federation.
• Attempt requires certain actions aimed at causing death to the victim. For a threat, only the very fact of the statement is enough; no additional actions from the perpetrator are required.

Problems of differentiation from other crimes

It is often easy to confuse the articles and impose a punishment that is not what the accused deserves. In this case, we can talk about the problems of distinguishing crimes. Therefore, when qualifying an act, you need to carefully study the available evidence and evidence in order to choose the right article.

Such compositions include:

• Death threat. In this case, it would be incorrect to talk about an assassination attempt. Here there is only a threat of violence, that is, the criminal does not take action, but only talks about what he can do in theory.
• Serious injuries to the body. Such an act should also be distinguished from an assault, since here the actions are aimed at killing, but the offender did not complete it due to certain circumstances.
• Getting things done. The criminal is not always given the opportunity to bring his plan to its logical conclusion. This may be due to a number of factors, which may depend on the perpetrator or force majeure.

Important! The correct definition of the composition is the key to the correct classification of the crime, which determines the assignment of the punishment that the offender actually deserves.

What types are there?

Attempts in the theory of criminal law are usually divided into several different types:

1. Finished. In this case, the perpetrator performed all the actions necessary to cause death. However, the result did not occur due to reasons beyond the control of the person. An example of this can be considered the following situation: the criminal took out a pistol, took aim correctly, pulled the trigger - but at the last moment his hand trembled or the intended victim suddenly abruptly moved from the line of fire. Here the would-be killer did everything that depended on him, but the crime could not end.
2. Unfinished. Here the criminal does not complete the murder process - however, also not through his own fault. Relatively speaking, the killer took aim - but a random passer-by knocked the pistol out of his hands. Here it cannot be said that everything was done to obtain a result, however, as in the previous case, the criminal was unable to kill due to circumstances that were beyond his control.
3. With worthless means. In this case, the criminal performed all the necessary actions, not knowing that the weapon he was using was not suitable for murder. Returning to the example with the pistol: the criminal took aim, pulled the trigger, no one stopped him - but it turned out that the pistol’s firing pin had long been sawed off, and the would-be killer did not know about it.
4. To an unusable object. In this case, the offender does not know that his actions cannot harm the victim. If we continue to use the example with a pistol, then in this case the criminal shoots, not knowing that the bullet will hit the doll representing the victim - or the corpse, if the victim was already dead by that time. In practice, this type is extremely rare.

More details about the types of murders and other nuances of the crime can be found here.

This classification is not the only one.

There is also another classification, which is based on the malfunction of the weapon, for example, the pistol did not fire or the handle of the knife fell off, or the unsuitability of the object chosen to carry out the criminal plan. An example here is a situation where the target of the attack was already dead at the time the act was carried out. Significant importance in this classification is given to circumstances that could not in any way depend on the offender. He could not know in advance that the object he was attacking was unsuitable for his plans.

Responsibility under Art. 105 of the Criminal Code of the Russian Federation

The maximum penalty here will depend on the sanction provided for in the relevant part of Art.
105 of the Criminal Code of the Russian Federation. They provide:

• For the first part (ordinary murder) – from 6 to 15 years in a colony.
• For the second (qualified/serious, we will talk about them later) - from 8 to 20 years or for life.

According to Art. 66 of the Criminal Code of the Russian Federation, punishment for attempted murder cannot exceed three-quarters of the maximum term, while a life sentence is not applied. Thus, for attempted ordinary murder the perpetrator cannot receive more than 11 years 3 months, for qualified murder - 15 years.

In addition, it must be borne in mind that in some cases the attempt as such will form an additional corpus delicti. This applies to those articles where an attempt on life is considered a completed crime. These include:

• Art. 277 – Encroachment on a state or public figure in connection with his activities.
• Art. 295 – Encroachment on an investigator, judge, juror or other person who administers justice or investigation.
• Art. 317 – Encroachment on a law enforcement officer or military personnel.

In this case, the perpetrator will be held liable primarily under these articles. This is due to the fact that when there is competition between general and special norms, it is the special one that is subject to application.

Let us remind you once again that for attempted ordinary murder (Part 1 of Article 105 of the Criminal Code of the Russian Federation), the maximum penalty will not exceed 11 years and 3 months.

You can find out more about the punishment for killing a person here.

Qualifying features

In the event that not an additional article is applied, but Art. 105 in conjunction with Art. 30 of the Criminal Code of the Russian Federation, additional qualifying features listed in the relevant paragraphs of Part 2 of Art. 105. These include:

• Attempt on two or more persons (item “a”). An unfinished crime is possible against not only one person, but also several.
• An attempt on the life of the person himself or his loved ones due to official actions or the performance of public duty (clause “b”). Here you need to make sure that in the end the attempt does not turn out to correspond to the composition of one of the special articles listed above.
• For a minor or other helpless person (item “c”) or for a pregnant woman (item “d”). This type of crime is considered especially socially dangerous.
• Associated with special cruelty (item “d”) or committed in a socially dangerous way (item “f”). While these criteria typically apply to completed crimes, they will also be considered if the victims ultimately survived.
• Related to blood feud (clause “e.1”). The custom of blood feud is a dangerous relic for society, so even attempted murder in this case will be punished especially harshly.
• A group of persons with or without conspiracy, as well as an organized group (clause “g”). In cases where a whole group turns out to be criminals, the crime carries a special danger, and therefore even an attempt on it will be punished especially harshly.
• Associated with selfish motives, hiring, as well as robbery, banditry, etc. (item “h”).
• Associated with hooligan motives - that is, with a rude challenge to others and a demonstrative violation of public order (item “and”).
• Committed to hide another crime (in particular, rape) (item “k”).
• Associated with political, social, racial or other hatred (clause “l”).
• Committed for the use of the victim’s organs (clause “m”).

Important! Regardless of the qualifying feature, the maximum penalty is no more than 15 years (Part 3 of Article 66 of the Criminal Code of the Russian Federation).

Types and examples

The question of what this crime consists of should be analyzed using examples from real judicial practice.

Example 1. Citizen Ivanov, in order to individually receive an inheritance from his father, decided to “remove” his competitors, his older brother and sister, with whom he had strained relations, from his road. Choosing a pistol as his “punitive weapon,” Ivanov fired two shots (not in a crowded place) at his relatives. As a result, the older brother was seriously wounded in the chest, and the sister was wounded in the shoulder. Due to the timely call of an ambulance and thanks to the competent work of doctors, the brother and sister remained alive.

In this example, there are two aggravating circumstances characteristic of paragraphs “a” and “h” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation.

Example 2. Citizen Sidorov spent a long time planning exactly how he would take the life of his wife’s lover. As a result, he kidnaps him and locks him in the basement of his own house, where he subjects him to all sorts of torture and beatings. As a result, Sidorov decides to kill and begins to strangle his captive, but at that moment a local police officer was passing by the house and, hearing a plea for help, burst into the basement in time and stopped Sidorov’s actions, which were undoubtedly aimed at causing death.

Sidorov’s actions are typical for paragraph “e” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation.

Example 3. Citizen Alekseev, trying to hide the fact that he had committed another illegal act - rape, decided on an even more terrible act and intended to kill his victim so that she would not be able to contact the police and, accordingly, he could feel relatively safe. The incident took place in a public park, off the footpath, near a pond. At that moment, when Alekseev began to drown the victim, two young men passed by and, using force, detained the criminal.

It is also necessary to understand that this act can be considered not only within the framework of Article 105 of the Criminal Code of the Russian Federation.

Article 106 of the Criminal Code of the Russian Federation - the murder of a newborn child by a mother is a terrible act both by law and by moral and human standards, but, unfortunately, quite often encountered.

For example, citizen Ivannikova did her best to hide her pregnancy from her relatives. This citizen was in her last month of pregnancy in her apartment; she went into labor, and since she did not like pregnancy, she did not call an ambulance. Miraculously, the birth was successful, but, realizing that it is now no longer possible to hide her situation, the new mother decides to do a terrible thing. Using a pillow, she begins to strangle the newborn child, but fortunately, a neighbor arrived in time to the screams, interrupted the criminal’s actions and thereby saved the child’s life.

So, the provisions of Article 106 of the Criminal Code of the Russian Federation are as follows:

Causing death by a mother of a newborn child during or immediately after childbirth, as well as murder by a mother of a newborn child in a psychotraumatic situation or in a state of mental disorder that does not preclude sanity, is punishable by restriction of freedom for a term of two to four years, or by forced labor for a term of up to five. years, or imprisonment for the same period.

Article 107 of the Criminal Code of the Russian Federation is murder committed in a state of passion. Example:

The young man, Full Name 1, was subjected to insults and humiliation in every possible way from his fellow students. The situation went far, and Full Name 1 even had to turn to psychologists, but this did not stop the villains. Walking home after classes, Full Name 1 sees how, in the entrance of his house, one of his fellow students is writing all sorts of insults about him, including those concerning his parents.

Because of this, FULL NAME 1 begins an attack of uncontrollable aggression, he runs up to the “artist”, delivers a series of punches to the head area and begins to choke him. At the last moment, when the victim was already in a dying state, mother FULL NAME 1 ran out to the noise and managed to pull her son away in time and call an ambulance. The victim was taken to the hospital, where he was miraculously saved.

In this example, due to the established circumstances of all kinds of insults and the psychological state of Full Name 1, it would be incorrect to classify the crime committed as intentional; the qualification should be in accordance with the provisions of Article 107 of the Criminal Code of the Russian Federation, which states the following:

1. Murder committed in a state of sudden strong emotional disturbance (affect) caused by violence, mockery or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psychologically traumatic situation that arose in connection with systematic illegal or immoral behavior victim, is punished by correctional labor for up to two years, restriction of freedom for up to three years, or forced labor for up to three years, or imprisonment for the same term.
2. The murder of two or more persons committed in a state of passion is punishable by forced labor for up to five years or imprisonment for the same period.

Liability of a minor

According to Art. 20 of the Criminal Code of the Russian Federation, to liability for any type of murder provided for in Art. who has reached the age of 14 at the time of committing criminal acts can be charged Consequently, the guilty person in this case will be fully liable within the limits established by Art. 66 of the Criminal Code of the Russian Federation.

However, this applies only to Art. 105. In cases where we are talking about elements of a crime provided for in certain articles (Articles 277, 295, 317 of the Criminal Code of the Russian Federation), a minor aged 14 to 16 years cannot be held accountable for them. Here only Art. 105, if the teenager’s actions show signs of its composition.

More information about the punishment of minors for causing death can be found here.

What is murder

The answer is obvious - it is deprivation of life. When, through action or inaction, one person intentionally causes the death of another. Responsibility for murder is established by Article 105 of the Criminal Code of the Russian Federation.

Murder and intentional harm to human health resulting in death are different concepts. They exist in legal practice separately from each other. Intentional harm is punishable under Article 111 of the Criminal Code of the Russian Federation. Let's consider the difference between causing harm resulting in death and murder:

To determine what goal the offender was pursuing, all circumstances are assessed, especially the method of action, the damage caused and the weapons used.

Is it possible to recover moral damages?

People whose lives have been attempted are often concerned with the question: is it possible to demand compensation for moral damage from the perpetrator?

This question is resolved as follows:

• A civil claim within the framework of a criminal trial can be filed at any time before the end of the judicial investigation (Part 2 of Article 44 of the Code of Criminal Procedure of the Russian Federation). If this was not done, recovery will have to be made separately within the framework established by civil procedural legislation.
• Art. Art. 151, 1099 of the Civil Code of the Russian Federation allow the recovery of moral damage caused by a crime.
• The upper limit of recovery is not limited, but the court has the right, according to Art. 1101 of the Civil Code of the Russian Federation, reduce the amount of compensation to a reasonable extent.

Important! More detailed questions of compensation are regulated by the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of December 20, 1994.

What cannot be classified as attempted murder?

However, not every case where the perpetrator tried to kill another person but failed needs to be defined as attempted murder. There are a number of independent articles that law enforcers need to take into account.

First of all, from an attempt to commit a crime under Art. 105 of the Criminal Code of the Russian Federation, it is necessary to delimit the special articles mentioned above, where an encroachment on the life of a certain person already forms a complete crime. But that’s not all: there are a number of crimes that, although similar to murder, must be taken into account separately. These include:

• Murder when exceeding the limits of necessary defense (Part 1 of Article 108 of the Criminal Code of the Russian Federation). In the event that the culprit, defending himself from an unlawful attack, tried to kill the attacker, but did not succeed, his actions cannot be qualified as an attempt. If the defender went beyond the scope of necessary defense established by Art. 37 of the Criminal Code of the Russian Federation, but did not kill the attacker, his actions must be qualified under Part 1 of Art. 114 of the Criminal Code of the Russian Federation (if the attacker suffered serious or moderate harm to health).
• Murder by exceeding the measures of detention of the criminal (Part 2 of Article 108 of the Criminal Code of the Russian Federation). The same rules apply here, except that the culprit will be liable under Part 2 of Art. 114 of the Criminal Code of the Russian Federation.
• Causing death by careless actions (Article 109 of the Criminal Code of the Russian Federation). If the perpetrator did not have the intent to commit murder, then the rules on attempt cannot be applied here. You can find out more about the analysis of the concept of causing death by negligence here.

Difference between death threat and attempt

The threat of murder is qualified according to Art. 119 of the Criminal Code of the Russian Federation. In practice, it can be quite difficult to distinguish it from a real assassination attempt. Meanwhile, punishments for these crimes vary significantly: under Part 1 of Article 105 of the Russian Federation, 9, Article 30 of the Criminal Code of the Russian Federation, you can get up to 15 years in prison, and under Part 1 of Art. 119 of the Criminal Code of the Russian Federation - only 2 years.

For convenience, we present the distinction between these crimes in the table.