In jurisprudence, a huge number of difficulties arise when a certain case comes up that is extremely difficult to interpret under any separate article of the Criminal Code.
For example, attempted murder. The Code does not have a separate article for this crime. You have to refer to different sources, while dealing with each component of the crime in detail. And as a result, many questions arise. What is attempted murder? What is the punishment for it? Can a particular situation be considered an attempted murder? Or is this a completely different illegal act? Let's try to answer all these questions.
Contents of articles
Attempted murder is presented under Articles 30, 105 of the Criminal Code of the Russian Federation, the punishment period, accordingly, is provided for by them. The first comes down to a description of two illegal actions - preparation for a crime and an attempt on it, and the second describes the murder itself and all possible penalties that are provided for by law.
Let's look at each article separately.
Preparation and attempted crimes - Article 30 of the Criminal Code of the Russian Federation
As stated earlier, this article describes the preparation and attempted crime. These two phenomena are united by two interesting facts: firstly, the essence of these actions boils down to the fact that this is an unfinished crime for some reason (the reasons often do not depend on the criminal), secondly, both actions are considered crimes and are punishable by criminal punishment.
The article consists of three parts , in which all the definitions of the above-mentioned phenomena are described in detail.
- The first part describes what preparation for a crime is and in what forms it most often manifests itself (creating a weapon for a future murder, attracting partners to commit theft, etc.). This is considered preparation only if the crime itself was not carried out, but remained only at the stage of some “grand” plan.
- The second part states that liability occurs only when a grave or particularly serious crime was planned. You won't go to jail if you planned to scold your neighbor for ruining his dog's lawn.
- In the third part you can already find something about the assassination attempt. According to this article, an attempt is an action or inaction that was committed to harm another person or an attack on his life, but due to reasons that were not dependent on the offender, it was not carried out. Nevertheless, even though the intent was not achieved, liability arises in any case.
Murder - Article 105 of the Criminal Code of the Russian Federation, sentence
This article is about murder and the length of punishment that should be applied to the murderer. It is presented in two parts.
- The first part defines murder as an atrocity that results in the death of a person. Such a crime, without factors that aggravate it, is punishable by up to 15 years in prison.
- The second part describes those factors that will make murder more serious and, accordingly, increase the punishment for it. For example, if the action was committed by a group of people or was particularly cruel. In this case, imprisonment will range from eight to twenty years.
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All about attempted murder
In Part 3 of Art. 30 of the Criminal Code of the Russian Federation states that an attempted crime is an unfinished crime for reasons that were independent of who wanted to commit it. In addition, emerge in criminal law .
- The completed assassination attempt. It represents a completed crime, but the point is that the result was not achieved. As an example, a criminal stabbed a victim with a knife with the direct intent to kill her, but the person did not die due to timely medical assistance.
- An assassination attempt that could not be completed. The criminal intended to strangle the victim, but someone close to him managed to call the police. As a result, the possible killer was detained before he could take a person’s life.
- An assassination attempt carried out using means that could not cause harm. For example, when they tried to poison a person with a substance that in a certain concentration cannot cause harm.
All of these types apply to murder. But a large number of undesirable nuances arise, in which it is difficult to qualify a certain action as an attempt. Accordingly, it is difficult to reach a verdict on the punishment of the accused.
Privileyovane umisne entering KKU
As we were told earlier, another type of driving in, besides Art. 115 KK, including preferred warehouses of evil, transferred to Articles 116-118 of the KKU. Let's look at them in more detail. What is their “preference”?
First of all, even in the very signs of the warehouses of such evil things there are shabby furnishings.
In another way, according to the updated Article 115 of the Criminal Code of Ukraine, punishment for killing in soft circumstances is much less. Even with such clever killing, the stench rises to evils of low or medium severity.
These types of killings include:
- driving into the state of affect (behind the law - the goal of strong spiritual grace) - Art. 116 KK;
- It is wise for the mother to kill her newborn child - Art. 117 KK;
- driving in during movement between necessary defenses – Art. 118 KK;
- driving in during relocation of entries necessary for squeezing the evildoer – Art. 118 KK;
You can only talk about driving an effect into the state if the state of strong spiritual expression is rapt, spontaneous. You can only be provoked for one of the following reasons:
- systematically
- the burden of the image;
- Violence on the side of the victim is illegal.
Having experienced the effect, this means examination. If there is an effect of past events, including the murder of a person already in a normal emotional state, then such actions (if other circumstances are present) qualify for Article 115 of the Criminal Code.
When killing the mother of a child, the initial hour is the hour of such killing:
- under the hour of the canopies;
- or immediately after the canopies.
If the mother kills the child within ten hours after the birth, it also qualifies for Article 115 KK.
If we are talking about driving in between the necessary defenses and the entry points necessary to stop the criminal (Article 118 of the Criminal Code of Ukraine), then we will gain respect that criminal liability only occurs between and acceptable behavior in self-defense, or hidden crimes were transferred.
The transfer is even if the damage is clearly not indicative of the insecurity of the encroachment or the situation of complicated malfeasance. Therefore, if there is a proper defense against criminal charges and evidence that the entries did not exceed the permissible limits, people may not be charged with criminal charges.
Punishment period for attempted murder
According to Part 1 of Art. 105 of the Criminal Code of the Russian Federation, the maximum term of imprisonment for murder without aggravating factors is 15 years. Accordingly, the court cannot impose a punishment beyond this period.
According to legal norms, the punishment cannot be more than 3/4 of the maximum (15 years), which means it cannot be more than 11 years and 2 months.
But, despite all this , there is a list of factors that can increase the period. They will lead to lifelong restriction of freedom if the final result is achieved. All components of the crime are presented in detail in Part 2 of Art. 105 of the Criminal Code of the Russian Federation:
- the subject of the crime is not one person, but a certain group;
- socially dangerous action in the performance of public duty;
- a mother's attempt to kill her newborn child;
- attempted crime against a minor;
- with direct intent to kill a person and use his organs or tissues for one’s own purposes, etc.
Stylo on the topic of the article. 115 KKU: umisne and nenavmisne driving in
The article is relevant for 2021
The Constitution of human life is recognized by its greatest social value. Therefore, any encroachments in this sphere are usually subject to grave and especially grave crimes in accordance with the Criminal Code of Ukraine (CCU - further). Thus, acts of beatings, sores, transfer of the Criminal Code of Ukraine (115 Art.), and especially serious crimes, for which the property of the world of punishment can be assigned - the ultimate release of will.
In connection with Article 52 of the Criminal Procedural Code of Ukraine (CPC), the obligatory fate of such lawyers, such as just a lawyer, is assigned. They spoke about this in detail in the article: “The fate of a lawyer is necessary if the criminal system on the right is destroyed.” The killer of goiters takes his fate from the moment he becomes a suspect.
The law requires a cost-free lawyer in the country, otherwise in many situations you risk being denied insufficiently clear legal assistance.
The improvement of a person’s life is classified differently in the situation of work. And therefore, the reliability will also vary. Types of killings, the main signs of warehouses of evils associated with the economies of people's lives, are expected to soften and become more common in 2021 and will be the subject of examination in this article.
When an action does not qualify as attempted murder
There are also cases when it is extremely difficult to apply both of these articles to the crime. In fact, according to Art. 105 of the Criminal Code of the Russian Federation, death did not occur, but also Art. 30 of the Criminal Code of the Russian Federation cannot be used to determine the elements of a crime.
Let's look at a few cases with specific examples.
Art. 108 of the Criminal Code of the Russian Federation - exceeding the necessary defense
Any actions aimed at protecting one’s life, if they were truly necessary, are considered lawful. And when a person tries to somehow defend himself, and in doing so he inflicts some serious injury on the person from whom he is defending himself, then the court cannot determine the elements of the crime.
Example . Citizen A.N. Aksyonov was walking down the street late at night. A tipsy man approached him and began to beg for a cigarette, which A.N. had. Aksyonov was not there. The drunk man began to be rude and hit A.N. Aksyonov in the chest, after which he took a stone from the ground and hit the drunken man on the head. The man was taken to the hospital on time and survived, but suffered a serious head injury. A.N. Aksenov was convicted under Part 3 of Art. 30, Art. 105 of the Criminal Code of the Russian Federation, but he filed an appeal, in which he stated that his actions were within the framework of necessary defense. The court did not change its decision, since no objective threat to life was found in this situation.
The important aspect is that the necessary defense must be applied for objective reasons - a threat to life must really exist. If there was none, qualify the action as an attempt under Art. 108 of the Criminal Code of the Russian Federation is impossible.
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Art. 109 of the Criminal Code of the Russian Federation - careless causing of death
If the court considers certain criminal acts as attempted negligent homicide, then Article 30 will no longer be taken into account, because any negligent act is not a manifestation of direct intent to take a person’s life.
Example . V.V. Prokofiev was in his house when a neighbor came to him from the house opposite and began accusing him of being unfaithful to his wife, promising to reveal V.V. Prokofiev’s secret. A quarrel ensued between the people, during which the neighbor hit V.V. Prokofiev, and the man responded by pushing the woman away, but did not calculate the force. His neighbor was unable to maintain her balance and fell, hitting her head on the doorframe. The woman survived, having received particularly serious injuries, and V.V. Prokofiev was convicted under Art. 109 of the Criminal Code of the Russian Federation.
This attempt cannot be called intentional, because the man had no intention of killing the woman. Under this article, the punishment is usually reduced to imprisonment or correctional labor for up to 2 years.
Art. 317 of the Criminal Code of the Russian Federation - assault on a law enforcement representative
Example . A.P. Vasiliev tried to rob a small thrift store at night. Before the crime was realized, law enforcement agencies, represented by policeman O. N. Zhuravlev, arrived at the scene of a possible crime. When trying to detain A.P. Vasiliev took out a knife and began to threaten O.N. Zhuravlyov The policeman made a second attempt to arrest him, but was attacked by A.P. Vasiliev and received a knife wound in the liver area. The policeman was saved, while A.P. Vasiliev was convicted under Art. 317 of the Criminal Code of the Russian Federation and, as punishment, was imprisoned for a period of 20 years.
The corpus delicti is there, that's obvious. But the point is that even though Zhuravlev did not die, this means that the action can be regarded as an assassination attempt - but part 3 of Art. 30 will not be taken into account anyway. After all, both in the event of death and in the event of its avoidance, Vasilyev is judged only under Art. 317.
Attempted murder or something else?
Indeed, very often a huge number of difficulties arise when the court qualifies certain actions. Some are considered attempted murder, others are considered threat of death or serious injury.
A detailed analysis of each component of the crime is always required. And the proceedings can last more than one week. How to figure it all out? Let us again take into account certain examples. Material on the topic Giving false testimony - article of the Criminal Code of the Russian Federation, what happens for this offense
Article 119 of the Criminal Code of the Russian Federation - death threat
Example . Between V.P. Lozhkin and O.S. Andreev, a fight broke out over O.S.’s desire. Andreev to repay the debt that V.P. Lozhkin took from him more than a year ago. During the fight O.S. Andreev began to strangle the debtor, threatening him with death. But due to the fact that V.P. Lozhkin’s wife called the police in advance, O.S. Andreev was detained. He was tried under Part 3 of Art. 30, 105 of the Criminal Code of the Russian Federation, but the man filed an appeal after the trial, stating that he had no intention to kill V.P. Lozhkin, and his actions amounted only to intimidation. As a result, O.S. Andreev received a sentence of two years in prison under Art. 119 of the Criminal Code of the Russian Federation.
The court classifies such actions as a threat. This is Art. 119 of the Criminal Code of the Russian Federation and it “rewards” with correctional labor or imprisonment for only up to 2 years. While the punishment for attempted murder is much harsher. Accordingly, the court must conduct a careful analysis of the element of intent . If he really committed murder - punishment under Art. 30, 105 of the Criminal Code of the Russian Federation. If this criterion was not noted - Art. 119.
Art. 111 of the Criminal Code of the Russian Federation - causing grievous harm to health
This is perhaps the most difficult area to classify as a crime. After all, when a person remains on the verge of life and death, isn’t this serious harm to health? At the same time, inflicting such damage, did the criminal really want to simply injure a person? Or did he want to kill him, but for some reason could not achieve his goal?
Example . B.A. Dyorov beat his colleague A.S. Stepanov, allegedly due to secret machinations. At A.S. Stepanov, multiple rib fractures and damage to internal organs were discovered, resulting in internal hemorrhage. A.S. Stepanov miraculously survived, and B. A. Derov was tried under Art. 30, 105 of the Criminal Code of the Russian Federation. The re-trial forced the investigation to change its decision, since it is assumed that B.A. Dyorov, under other circumstances, might not have inflicted fatal injuries with kicks and his intent was not to murder, but to inflict serious injuries. B. A. Derov was convicted under Art. 111.
How many nuances appear when considering just one psychological aspect—intention. In addition, with such distinctions between crimes that are similar, but differ in terms of punishment, there are also circumstances that prevented the person from being killed. For example, in a case where a criminal wanted to kill a person, but stopped at a certain moment, then this is Article 111; if he was detained, then this is already part 3 of Art. 30, 105 – attempted murder.
Let's summarize on the topic of intelligent and insignificant killing:
- In addition to the types of killings, there are especially serious crimes, for which the punishment of the world can be attributed - the death of the will.
- The fate of the zakhisnik on the right is about especially serious crimes, zokrem, transferred to Article 115 of the KK, and obov'yazkova.
- KK has established criminal liability for simple intentional killing, qualified (according to 14 characters), privileged (according to 3 characters), and for careless killing.
- Clever and careless killing - these are warehouses of evil, which mutually exclude one another and are divided into a form of guilt.
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