ST 205 of the Criminal Code of the Russian Federation.
1. Committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or other grave consequences, in order to destabilize the activities of authorities or international organizations or influence their decision-making, as well as the threat of committing these actions for the purpose of influencing decision-making by authorities or international organizations -
shall be punished by imprisonment for a term of ten to fifteen years.
2. The same acts:
a) committed by a group of persons by prior conspiracy or by an organized group;
b) resulting in the death of a person through negligence;
c) resulting in the infliction of significant property damage or the onset of other grave consequences, -
shall be punishable by imprisonment for a term of twelve to twenty years with restriction of freedom for a term of one to two years.
3. Acts provided for in parts one or two of this article, if they:
a) are associated with an encroachment on facilities using atomic energy or with the use of nuclear materials, radioactive substances or sources of radioactive radiation or poisonous, poisonous, toxic, dangerous chemical or biological substances;
b) entailed the intentional infliction of death on 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.
Note. A person who participated in the preparation of a terrorist act is exempt from criminal liability if he, by timely warning the authorities or in another way, contributed to the prevention of the terrorist act and if the actions of this person do not contain another crime.
Commentary to Art. 205 Criminal Code
1. The objective side is characterized by alternatively provided actions. Their first group includes explosion, arson and other actions (cascades, landslides; distribution of toxic substances; damage to transport communications, etc.) that frighten the population and create the danger of death, causing significant property damage or other serious consequences ( radioactive, chemical or bacteriological contamination of the area, disabling life support systems, blocking transport communications, etc.). In this variety, a terrorist act is classified as a real danger and is recognized as a completed crime from the moment the listed actions are committed, regardless of whether the socially dangerous consequences, the threat of which was created, actually occurred.
2. The second group of alternatively provided actions is formed by the threat of committing actions included in the first group. Such a threat can be expressed in any form (orally, in writing, via means of communication; both anonymously and with an indication of the author) and must necessarily be of a subjectively real nature, i.e. cause the addressee reasonable fear of its implementation. Whether the threat was objectively real (i.e., whether the person making the threat took specific actions aimed at preparing for the implementation of the threat, and whether he intended to carry out the threat at all) has no criminal legal significance. In this variety, the composition is formal.
3. The subjective side is also characterized by the goal: to influence decision-making by authorities or international organizations or to destabilize their activities.
4. Parts 2 and 3 contain qualified and especially qualified elements of the crime. At the same time, a terrorist act qualified under paragraph “a” of Part 3 also requires qualification in conjunction with Art. 220 - 221 CC; on the contrary, a terrorist act that entailed the intentional infliction of death on one or more persons is qualified only under paragraph “b” of Part 3.
5. A circumstance excluding criminal liability for this crime is a voluntary refusal to commit a crime, the specifics of which, in relation to a terrorist act, are formulated in the footnote to the article.
An object
In all the acts listed in Art. 205, it is public safety. Key regulatory provisions and the content of activities aimed at ensuring it are established by Law No. 390. The main security objects are:
- Personality, its freedoms and rights.
- Society with its spiritual and material values.
- The state with its constitutional system, territorial integrity and sovereignty.
Additional objects are property relations, health, life, normal operation of government structures, public institutions, international organizations, etc.
Second commentary to Art. 205 of the Criminal Code of the Russian Federation
1. The objective side is characterized by the following alternative actions:
a) committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or other socially dangerous consequences;
b) the threat of committing the specified actions.
Other actions should be understood as actions that can cause consequences similar to an explosion and arson (for example, mass poisoning, the spread of epidemics and epizootics, blocking transport communications, disabling life support facilities, etc.).
The threat of committing these actions is understood as a direct statement to commit a terrorist act, supported by the commission of actions indicating the reality of such an intention. The threat must cause the addressee reasonable fear of its implementation.
2. A terrorist act is carried out in a place where people are located or valuable property is stored, or this act is initially aimed at destroying any significant building or structure.
The act must frighten the population, create a danger of death, causing significant property damage or other serious consequences.
The danger of death of a person, causing significant property damage or other serious consequences must be real, which is determined in each specific case taking into account the place, time, weapons, means, method of committing the crime and other circumstances (data on the number of people who were in the area of the explosion, about the power and lethality of the explosive device used, etc.).
Causing significant property damage as a result of a terrorist act is qualified under paragraph “c” of Part 2 of Art. 205 and additional qualifications under Art. 167 of the Criminal Code does not require it.
Other socially dangerous consequences must be comparable in severity to the risk of human death or causing significant property damage.
3. In the event of a real occurrence of socially dangerous consequences, the act will be qualified under paragraph “b” or “c” of Part 2 of Art. 205 or under paragraph “b” of Part 3 of Art. 205 respectively.
4. The subjective side is characterized by direct intent and a special purpose - destabilizing the activities of government bodies or international organizations or influencing decision-making by government bodies or international organizations.
The threat of committing the actions listed in Part 1 of Art. 205, entails criminal liability only if committed with the aim of influencing decision-making by authorities or international organizations.
5. The subject of the crime is a person who has reached the age of 14 years.
6. If a terrorist act is recognized as committed by an organized group, the actions of all its members who took part in the preparation or commission of this crime, regardless of their actual role, should be qualified under the relevant part of Art. 205 without reference to Art. 33 of the Criminal Code.
The actions of participants in a terrorist community or terrorist organization who committed a terrorist act must be qualified according to the totality of crimes provided for in Art. 205 and accordingly Art. 205.4, 205.5, 208 CC.
7. Causing the death of a person through negligence during a terrorist act is qualified under paragraph “b” of Part 2 of Art. 205, intentional - entails liability under paragraph “b” of Part 3 of Art. 205, additional qualifications under Art. 105 of the Criminal Code is not required.
8. Other grave consequences in relation to paragraph “c” of Part 2 of Art. 205 may include, in particular, causing serious harm to the health of at least one person, moderate harm to the health of two or more persons, disruption of the activities of government bodies, etc.
9. Encroachment on objects using atomic energy (nuclear ships, nuclear power plants, space and aircraft, etc.) constitutes an explosion, arson and other actions aimed at putting them out of action, regardless of whether it is achieved or not, whether the container in which nuclear fuel is transported has been destroyed or not.
The use of nuclear materials, radioactive substances or sources of radioactive radiation or poisonous, poisonous, toxic, dangerous chemical or biological substances means their actual use in the process of committing a terrorist act (for example, to produce an explosion).
10. The law provides for the possibility of exemption from criminal liability for preparation for a terrorist act if two conditions are met, enshrined in the note to Art. 205.
Theft. Robbery. Robbery. Theft lawyer
From a legal point of view, under theft
is understood as the intentional unlawful gratuitous taking of another's property or the right to property for mercenary purposes through
theft
,
robbery
,
robbery
,
extortion
,
fraud
,
abuse of official powers
,
misappropriation
,
embezzlement
or
use of computer equipment.
Thus, the taking of someone else's property or the right to it is recognized as theft
only if
it was committed
intentionally, illegally, without compensation
and
for selfish purposes
in one of the ways listed above.
At the same time, property or the right to it is considered to be someone else’s if, at the time of taking, the perpetrator was not its owner or legally possessed.
Today's theft
, and among the people
theft
, in the literal sense of the word, is one of the most common crimes, I want to note that it is not only on the territory of the Republic of Belarus.
Article 205 of the Criminal Code of the Republic of Belarus. Theft
In accordance with Article 205 of the Criminal Code of the Republic of Belarus, theft is the secret theft of property. The theft of property is considered secret (theft) (Article 205 of the Criminal Code) when it was committed in the absence of the victim or other persons or, although in their presence, but unnoticed by them and the perpetrator was aware of these circumstances. In cases where the victim or other persons understood that a kidnapping was taking place, but the perpetrator, based on the surrounding situation, believed that he was acting unnoticed by them, the act should be classified as theft.
Article 205 of the Criminal Code of the Republic of Belarus has a number of signs (qualifying signs), depending on the presence of which, the actions are qualified by the investigator under the relevant part of Article 205 (theft) of the Criminal Code of the Republic of Belarus and the liability established by this part of the article occurs, i.e. sanction of the article.
These signs are:
— Theft committed repeatedly, either by a group of persons, or with penetration into a home (Part 2 of Article 205 of the Criminal Code of the Republic of Belarus);
— Theft committed on a large scale (part 3 of Article 205 of the Criminal Code of the Republic of Belarus);
— Theft committed by an organized group or on an especially large scale (part 4 of Article 205 of the Criminal Code of the Republic of Belarus).
In accordance with the Note to Ch. 24 “CRIMES AGAINST PROPERTY” of the Criminal Code of the Republic of Belarus, theft is recognized as committed repeatedly
if it was preceded by another theft or any of the following crimes: theft of firearms, ammunition or explosives (Article 294), theft of radioactive materials (Article 323), theft of narcotic drugs, psychotropic substances, their precursors and analogues (Article 327) , theft of potent or toxic substances (Article 333).
And a significant size
(damage in a significant amount) in the articles of this chapter, an amount (damage) in an amount of forty or more
(40 or more)
times greater than the base amount established on the day of the crime is recognized,
a large amount
(damage in a large amount) - two hundred fifty or more
(250 or more)
times,
especially large size
(damage on an especially large scale) - a thousand or more (1,000 or more) times the size of such a basic amount.
Responsibility under Art. 205 of the Criminal Code of the Republic of Belarus
established by the legislator today is as follows:
Part 1 of Article 205 of the Criminal Code of the Republic of Belarus is punishable by public works, or a fine, or correctional labor for up to two years, or arrest, or restriction of freedom for up to three years, or imprisonment for the same term.
Part 2 of Article 205 of the Criminal Code of the Republic of Belarus is punishable by a fine, or correctional labor for up to two years, or arrest, or restriction of freedom for up to four years, or imprisonment for the same term.
Part 3 of Article 205 of the Criminal Code of the Republic of Belarus is punishable by imprisonment for a term of two to seven years with confiscation of property or without confiscation.
Part 4 of Article 205 of the Criminal Code of the Republic of Belarus is punishable by imprisonment for a term of three to twelve years with confiscation of property.
Article 206 of the Criminal Code of the Republic of Belarus. Robbery
Within the meaning of Art. 206 of the Criminal Code, open theft of property (robbery) is recognized as the taking of property that is committed in the presence of the victim, persons to whom the property is entrusted or under whose protection it is, or in full view of strangers, when the person committing the theft is aware that the persons present understand the illegal nature of his actions.
Violence that is not dangerous to life or health (Part 2 of Article 206 of the Criminal Code) is legally understood as infliction of minor bodily injuries that did not result in short-term health problems or minor permanent disability, beatings or other violent acts related to causing physical pain to the victim or restricting his freedom
The main differences between theft and robbery.
Theft is the secret theft of someone else's property, and robbery is the open theft of someone else's property. The most important difference is the openness of the theft, i.e. when the commission of this act is seen by outsiders (witnesses or victims).
Article 207 of the Criminal Code of the Republic of Belarus. Robbery
The distinctive features of robbery (Article 207 of the Criminal Code) are the use of violence dangerous to the life or health of the victim, or the threat of such violence for the purpose of direct seizure of property.
In the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated December 21, 2001 No. 15 (as amended on March 31, 2016) “On the application by courts of criminal legislation in cases of theft of property,” violence dangerous to life or health should be understood as causing minor bodily harm to the victim that resulted in a short-term health disorder or a minor permanent loss of ability to work, or bodily injury of a greater degree of severity, as well as violence, which, although it did not entail the infliction of such bodily injury, however, at the time of application created a real danger to the life or health of the victim.
The threat of violence dangerous to life or health should be understood as such actions or statements of the perpetrator that expressed the intention to immediately apply violence to the victim that is dangerous to his life or health. The threat of robbery must be real. In this case, it is necessary to take into account not only the subjective perception of the victim, but also the specific circumstances of the case, as well as the direction of intent of the perpetrator.
The difference between robbery and robbery.
First difference
: robbery is the open theft of someone else's property, and robbery is an attack for the purpose of stealing someone else's property (with the use of violence or the threat of its use);
Second difference:
when committing a robbery, violence that is not dangerous to life or health is used against the victim or is committed with the threat of such violence, while when committing a robbery, violence is used against the victim that is dangerous to life or health or with the threat of such violence.
Let us note that liability from theft-robbery to robbery differs significantly, and differs in the direction of its intensification.
If you have encountered anything from this list, you can safely contact us for legal assistance and sign up for your first consultation.
Theft lawyers (criminal lawyer) of our team (www.advokatos.by) will help you understand all the legal intricacies, including the possible qualification of your actions; if necessary, they will help you develop a position and line of defense, and take all measures provided for by law. aimed at collecting and presenting evidence indicating your innocence, will provide professional legal assistance as your defense attorney in the framework of a criminal case.
For more detailed information, as well as to receive timely and qualified legal assistance, contact the team’s criminal lawyer (www.advokatos.by).
(Additionally, see our section “Criminal Lawyer” in the Types of Legal Assistance section, as well as in the section for Clients “Some useful tips from a lawyer”, “Bodily injury”).
Write down our contact details:
Republic of Belarus, Minsk, Ulyanovskaya str., 4, Legal consultation of the Leninsky district of Minsk, Minsk City Bar Association
Osipov Sergey Andreevich
: Mobile phone + 375 44 740-32-69
Sankovsky Igor Alexandrovich
: Mobile phone + 375 29 693-63-43
Objective part
It consists of:
- Committing arson, explosion, or other acts of a frightening nature, creating the likelihood of death of a citizen, causing significant property damage, or causing other grave consequences.
- Threats to carry out the specified acts.
“Other” are considered socially dangerous behavioral acts that can provoke the same consequences as in the case of arson or explosion. For example, this could be an artificial cause of a rock collapse, flooding of support facilities through the destruction of irrigation structures, dams, poisoning of water sources, food supplies, seizure of hospitals, schools, theaters, other institutions and enterprises, the spread of toxic compounds, epizootics, epidemics, blocking transport and so on. Significant property damage is determined taking into account the significance and value of damaged or destroyed assets.
