1. Committing an explosion, arson or other actions outside the territory of the Russian Federation that endanger the life, health, freedom or integrity of citizens of the Russian Federation in order to disrupt the peaceful coexistence of states and peoples or directed against the interests of the Russian Federation, as well as the threat of committing these actions -
shall be punished by imprisonment for a term of ten to twenty years or life imprisonment.
2. Financing the acts provided for in the first part of this article, inducing, recruiting or otherwise involving a person in their commission, or arming or preparing a person for the purpose of committing these acts -
shall be punishable by imprisonment for a term of eight to twenty years with a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to four years, or without it, or by life imprisonment.
3. Acts provided for in the first part of this article, resulting in the death of a person, -
shall be punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years, or life imprisonment.
President of Russian Federation
B. Yeltsin
Moscow Kremlin
June 13, 1996
N 63-ФЗ
Commentary to Art. 361 of the Criminal Code of the Russian Federation
1. The UN Security Council Declaration on Global Efforts to Combat Terrorism dated November 12, 2001 notes that acts of international terrorism constitute one of the most serious threats to international peace and security in the 21st century and are a challenge for all states and for all humanity, threaten the lives of innocent people and the dignity and safety of people everywhere, threaten the social and economic development of all nations and undermine global stability and prosperity. ——————————— See: Diplomatic Bulletin. 2001. N 12. P. 109 - 110.
The commented article gives the concept of an act of international terrorism, which, in contrast to the terrorist act defined in Part 1 of Art. 205 of the Criminal Code (see commentary to it), is committed outside the Russian Federation. (For the concepts of “territory of the Russian Federation”, “committing a crime outside the borders of the Russian Federation”, see the commentary to Articles 11 and 12.)
The main object of an act of international terrorism is public relations to ensure the public safety of citizens of the Russian Federation who are outside its borders or the interests of the Russian Federation. An additional object is the life, health, freedom or inviolability of citizens of the Russian Federation who are abroad.
A citizen of the Russian Federation is understood as a person who has citizenship of the Russian Federation, as well as a citizen of the Russian Federation who also has citizenship of a foreign state. According to Part 1 of Art. 6 of the Constitution, citizenship in the Russian Federation is acquired and terminated in accordance with federal law, and is uniform and equal, regardless of the grounds for acquisition. Such a law is Federal Law No. 62-FZ of May 31, 2002 “On Citizenship of the Russian Federation”.
Actions directed against the interests of the Russian Federation mean acts provided for by the Special Part of the Criminal Code of the Russian Federation.
The concept of “public safety”, the basic principles and content of activities to ensure it are established by the Federal Law of December 28, 2010 N 390-FZ “On Security”.
2. The objective side of an act of international terrorism consists of alternative actions: 1) committing an explosion, arson, or other actions that endanger the life, health, freedom or integrity of citizens of the Russian Federation or are directed against the interests of the Russian Federation; 2) the threat of committing the specified actions.
Explosion, arson and other actions are methods of committing a crime. Other actions mean socially dangerous actions that can cause the same consequences as an explosion or arson (for these concepts, see the commentary to Part 1 of Article 205).
A mandatory feature of the objective side of a crime is the place where such actions were committed—outside the territory of the Russian Federation.
3. The crime is considered completed from the moment the actions provided for in Part 1 of Art. 361 of the Criminal Code of the Russian Federation, endangering the life, health, freedom or integrity of at least one citizen of the Russian Federation, or directed against the interests of the Russian Federation, or the moment a threat arises. To endanger means that either the life, or health, or freedom, or inviolability of a citizen of the Russian Federation becomes the subject of such criminal actions and is placed in real danger of consequences in the form of death, harm to health of any severity, restriction of freedom, violation of personal integrity, both physical and and moral (honor and dignity) from criminal attacks.
The threat of committing an act of international terrorism entails liability regardless of the intention of the perpetrator to carry it out or the possibility of its implementation. The threat can be open, anonymous, oral, written, by telephone, using other technical means of communication, the media, etc.
The actual occurrence of these consequences forms qualified types of an act of international terrorism or is classified in combination with other crimes.
4. The subjective side of an act of international terrorism is characterized by intentional guilt in the form of direct intent. The person realizes that he is committing an explosion, arson or other actions that endanger the life, health, freedom or integrity of citizens of the Russian Federation or are directed against the interests of the Russian Federation, or is aware of the threat of committing these actions, and wishes to act so.
An obligatory feature of the subjective side of an act of international terrorism is a special goal - a violation of the peaceful coexistence of states and peoples or the commission of an act directed against the interests of the Russian Federation. The peaceful coexistence of states (the main political organization of society that manages it and protects the economic and social structure) and peoples (the population of states, residents of countries) presupposes the simultaneous existence of different states and peoples in harmony with each other, in the absence of hostility, quarrels, or war between them. If an act of international terrorism is committed, this peaceful coexistence may be disrupted.
The motive for the crime is not a mandatory feature and does not affect the qualification of the crime.
5. The subject of the crime is a sane individual who has reached the age of 14.
6. The qualifying features of an act of international terrorism (Part 2) include: a) financing of acts provided for in Part 1 of Art. 361; b) or involvement in their commission. Such actions constitute assistance to terrorist activities.
The concept of “financing an act of international terrorism” should be defined through the concept of “financing of terrorism” given in paragraph 1 of the note. to Art. 205.1 of the Criminal Code (see commentary to it).
The preamble to the International Convention for the Suppression of the Financing of Terrorism of 12/09/1999 states that the number and severity of acts of international terrorism depend on the funding to which terrorists can access. ——————————— NW RF. 2003. N 12. Art. 1059.
Involvement in the commission of an act of international terrorism means inducement, recruitment or other actions aimed at committing this crime. (For such actions, see the commentary to Part 1 of Article 205.1.)
7. A special qualifying feature of an act of international terrorism (Part 3) includes acts provided for in Part 1 that resulted in the death of a person.
This part actually combines terrorism and murder into one standard. The concept of murder, i.e. intentionally causing death to a person, defined in Part 1 of Art. 105 of the Criminal Code of the Russian Federation. Since the sanctions in Parts 1 and 3 of the commented article provide for punishment in the form of life imprisonment, and the death penalty is currently not imposed for murder, causing the death of a victim in an act of international terrorism does not entail qualification for the totality of crimes provided for Art. Art. 277, 295, 317 of the Criminal Code of the Russian Federation. Causing death to two or more persons with additional qualifications under Art. 105 of the Criminal Code does not require it.
Criminal Code of the Republic of Kazakhstan Article 361. Abuse of official powers
1. The use by a person authorized to perform government functions, or a person equivalent to him, or an official of his official powers contrary to the interests of the service in order to obtain benefits and advantages for himself or other persons or organizations or causing harm to other persons or organizations, if this entailed causing significant harm to the rights and legitimate interests of citizens or organizations, or legally protected interests of society or the state, is punishable by a fine in the amount of up to two thousand monthly calculation indices, or correctional labor in the same amount, or involvement in public works for a term of up to six hundred hours, or restriction freedom for a term of up to two years, or imprisonment for the same period, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
2. Excluded by the Law of the Republic of Kazakhstan dated July 12, 2018 No. 180-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
2-1. The same act committed by a law enforcement officer –
is punishable by a fine in the amount of up to four thousand monthly calculation indices, or correctional labor in the same amount, or involvement in public works for a term of up to one thousand hours, or restriction of freedom for a term of up to four years, or imprisonment for the same term, with confiscation of property , with lifelong deprivation of the right to hold certain positions or engage in certain activities.
3. The act provided for in the first part of this article, committed by a person holding a responsible public position, –
is punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or involvement in public works for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with confiscation property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
4. Acts provided for in parts one, 2-1 or three of this article:
1) committed in the interests of a criminal group;
2) committed in the performance of official duties, which are established by the Law of the Republic of Kazakhstan “On amnesty for citizens of the Republic of Kazakhstan, oralmans and persons with residence permits in the Republic of Kazakhstan, in connection with the legalization of their property”, using information obtained in the process of legalization of property ;
3) caused grave consequences,
4) committed by a person holding a responsible public position in a law enforcement agency, or by a judge, –
shall be punishable by restriction of liberty for a term of up to seven years or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 361 as amended by the laws of the Republic of Kazakhstan dated November 13, 2015 No. 400-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated July 12, 2018 No. 180-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 12/19/2020 No. 384-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
Judicial practice: sentences and punishment under Art. 361 of the Criminal Code of the Russian Federation
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