"Cut them." How were police officers attacked on January 23 and what are the consequences for this?

On Thursday it became known that the Investigative Committee opened a criminal case against Navalny’s ally Leonid Volkov for involving teenagers in the protests on January 23. Several dozen criminal cases were also initiated as a result of the unauthorized actions themselves, which ended in large-scale clashes between protesters and the police.

Let us remind you that on the day of the rallies, at least 39 security forces were injured. On social networks before the protests there were calls to “cut” the police and throw Molotov cocktails at them.

What is the article for assaulting a police officer?

An attack on a law enforcement officer will be regarded as an intentional act. Often the motive for such actions is revenge for the police officer performing his duties, for example, for making an arrest.

The injured party is the employee on duty or his family against whom acts of a violent nature were committed.

The responsibility of the perpetrator is determined by the following articles of law:

• Article 318 of the Criminal Code of the Russian Federation - attack, beating or other acts of a violent nature against the injured party;
• Article 317 of the Criminal Code of the Russian Federation - attempted murder of a police officer;
• Point b, part 2 of article 105 of the Criminal Code of the Russian Federation – murder.

Important! In the event that the injured party is a police officer as an individual, and not a state body as a whole, then reconciliation of the parties can take place, which will avoid the harsh responsibility of the perpetrator.

If the guilty person hit a police officer, then punishment can be applied starting from the age of 16. If, after all, a murder was committed, then responsibility will begin at the age of 14.

Features of sentencing

Disposition Art. 318 of the Criminal Code of the Russian Federation provides for a wide range of illegal actions, the commission of which against a police officer on duty entails criminal punishment. Representatives of the Investigative Committee of the Russian Federation are engaged in collecting material and forming an evidence base for such crimes. Having prepared an indictment, the investigator of the RF IC sends the materials of the criminal case on the fact of an attack on a police officer on duty to the court.

During the consideration of the case, the court takes into account:

• the nature and type of violence applied to the police officer while on duty;
• the presence and severity of damage caused to his health as a result of the attack;
• the reality and nature of the threat to the life of a servant of the law;
• other circumstances that may influence the decision in the case.

It is being clarified whether the defendant was aware that he was attacking a police officer who was on duty. The question being decided is whether the necessary defense took place.

How is such a crime classified?

Article 286 of the Criminal Code of the Russian Federation qualifies the beating of a citizen by a police officer without good reason as abuse of official authority. Crimes of this type in the Criminal Code of the Russian Federation are divided into ordinary and aggravated.

If a citizen is beaten by police officers, but there are no serious injuries or at least one of the lists specified in the second paragraph, the police will be charged with abuse of power. Exceedings with aggravating circumstances include both points of Article 286 of the Criminal Code of the Russian Federation described above; the court can impose a punishment based on both points.

Arbitrage practice

Judicial practice in cases of assault on a police officer during execution demonstrates:

• variety of types of illegal actions, responsibility for which is enshrined in Art. 318 of the Criminal Code of the Russian Federation;
• circumstances that are taken into account when considering cases of attacks on officers of the law during execution.

Let's give a few examples.

Example #1

Citizen P., in the room for compiling administrative materials in the police department building, while intoxicated, attacked police officer K., during which he deliberately punched the latter twice in the head. At the same time, citizen P. realized that K. was on duty. By his actions, P. caused K. physical pain.

The court considered the fact that he was intoxicated at the time of the attack on the policeman as a circumstance aggravating the punishment of the perpetrator.

The court recognized the following as mitigating circumstances:

• no criminal record;
• admission of guilt;
• repentance for what he has done;
• providing assistance to investigative authorities;
• citizen P. has a state award.

Defendant P. was sentenced to 6 months in prison.

Example No. 2

Citizen O., driving a truck, realizing that a police officer in uniform was standing in front of him on the roadway, who was on duty, deliberately, protesting the lawful actions of traffic police inspector V., hit him with the front part of the car. By his actions, citizen O. caused the policeman pain and moral suffering.

The court included the following as mitigating circumstances:

• admission of guilt and repentance for what has been done;
• confession;
• presence of a dependent young child of citizen O.

The court did not reveal any circumstances aggravating O.'s punishment. The defendant was sentenced to a fine of 15,000 rubles.

Example No. 3

Citizens I., Sh. and D., not wanting to fulfill the lawful demands of the police officers A. and V., and to stop the violation of public order, attacked the police officers, during which they struck several blows to the head of A. and V. each . By their actions, the attackers caused physical pain to the police. The defendants did not admit guilt of deliberately attacking police officers during execution.

The court considered the following circumstances mitigating their punishment:

• no criminal record;
• young age;
• positive characteristics;
• the health status of their parents.

The court recognized the pregnancy of his partner as a circumstance mitigating the punishment of citizen Sh. The court did not identify any aggravating circumstances.

All three were found guilty of committing a crime under Part 1 of Art. 318 of the Criminal Code of the Russian Federation. Citizens I. and Sh. were sentenced to imprisonment for a period of 9 months, and defendant D. - to a term of 8 months.

We recommend reading! Citizens' appeals to the Ministry of Internal Affairs: procedure and terms of consideration, recommendations. About this here.

The concept of “Performance of official duties”

When giving such advice, many “experts” do not fully understand the concept of “On Execution.” When the whole case goes to court, people are sincerely surprised and perplexed why they are punished so severely.

Therefore, it is necessary to clarify what the concept of “Off duty” means and what features it has that apply to police officers.

According to the 3rd part of Article 68 of Law N 342-FZ, a police officer is considered to be acting, regardless of the place where he is located or the time of day if:

• It suppresses or prevents crime;
• Helps people who cannot defend themselves due to their helpless situation or are in a condition that threatens their life and health;
• Takes actions aimed at protecting the interests of the state and society.

This is the basic information everyone needs to fill out! Attacks often occur during the commission of other illegal acts.

And if at such moments a policeman approached the offender (it doesn’t matter that he does not have a uniform or that he came out of the apartment in his shorts because of the noise), and he attacked him - this is an attack on a policeman on duty. The punishment will be the most severe, you can easily get a prison sentence.

If the violator ignored the requirements or simply did not believe that the crust was real, his actions also fall under the article “Disobedience to a lawful order of a police officer.”

Also, a law enforcement officer is considered to be performing his duties if:

1. Goes to work (goes to the place of duty, business trip), goes for a medical examination (examination) or treatment, including the way back home;
2. Undergoes treatment for injuries sustained as a result of performing official duties;
3. Is a hostage;
4. Is at competitions, training camps or other internal events.

The use of violence against a government official in all of the above cases is punishable under Article 318 of the Criminal Code of the Russian Federation.

Possible punishment for assaulting a police officer

Let's turn to the law. It says both about the use of violence that is not dangerous to the health and life of the employee, and dangerous. Accordingly, the punishment for the attack will vary.

In the latter case, it is as strict as possible and is expressed in imprisonment for up to 10 years! But even if nothing significant happened, you still won’t be able to avoid punishment.
As of 2021 this will be:

• Fine up to 200 thousand rubles;
• A fine in the amount of income received over a period not exceeding 18 months;
• Forced labor for up to 5 years;
• Arrest up to six months;
• Imprisonment for up to 5 years.

An examination will determine the severity of the injuries inflicted on the police officer . Everything will be reflected in the documents and attached to the criminal case. The characteristics of the defendant and his admission of guilt have a significant impact on the outcome of the case.

If he has not been previously convicted and has positive characteristics from his place of work/study, etc., and the case is being considered under Part 1 of Article 318, then there is a high probability of being sentenced in the form of suspended imprisonment with a probationary period, during which the violator of the law will be obliged go to the executive office to “check in.”

Other violations during the probationary period, as well as the burdens imposed on him by the court, may serve as a reason for reviewing the case and replacing the probationary period with a real one.

It is least likely to receive a suspended sentence under the second part of the article in question, but this is also possible (this refers to cases where the employee suffered minor harm to health).

Prosecution under Article 318 of the Criminal Code of the Russian Federation begins at the age of 16 . Anyone who has not achieved it is prosecuted under Articles 111 of the Criminal Code of the Russian Federation, 112 of the Criminal Code of the Russian Federation, 113 of the Criminal Code of the Russian Federation.

Attack on the life of an employee

• This is Article 317 of the Criminal Code of the Russian Federation and the punishment under it is much more severe - imprisonment from 12 to 20 years with a limit of up to 2 years or life imprisonment.
• This period is given in cases where an attacker prevents a police officer from carrying out his lawful activities aimed at protecting society, encroaching on his life or the lives of his relatives and friends.
• The crime is classified differently if there is an attack on a police convoy. Applicable articles:

1. Part 2 Art. 105 of the Criminal Code of the Russian Federation (imprisonment from 8 to 20 years);
2. Part 3 Art. 30 of the Criminal Code of the Russian Federation;
3. Part 3 Art. 313 of the Criminal Code of the Russian Federation - if an escape was committed during an escort (imprisonment for up to 8 years / forced labor for up to 5 years);
4. Part 4 Art. 226 of the Criminal Code of the Russian Federation - if there was theft of weapons, their components, ammunition during convoy. The maximum term is from 8 to 15 years of imprisonment with or without a fine or restriction of freedom.

A case can also be initiated against the head of the convoy under the article “Negligence” (293 of the Criminal Code of the Russian Federation).

Statute of limitations under Article 318 of the Criminal Code of the Russian Federation

The first part of the article under consideration is crimes of medium gravity.
The statute of limitations for them is 6 years. If during this time the perpetrator has not been convicted, it is no longer possible to bring him to justice. Punishment for crimes of medium gravity cannot be more than 5 years in prison.

The second part of Article 318 provides for a more severe punishment . The crime is considered serious (no more than 10 years in prison). The statute of limitations for such acts is 10 years.

Beating a police officer is a serious violation of the law . No matter how one views law enforcement officials, they must be clearly aware of the fact that there will be consequences.

Friends who previously indulged such behavior will disappear, they will be replaced by “neighbors”; it is impossible to learn anything good from them.

All this threatens further personality degradation, problems of social adaptation, difficulties in finding a job, etc.

Learn to control your emotions, develop a line of behavior for yourself in advance and do not resort to breaking the law. After all, it certainly won’t make things better; it will only add new problems and headaches.

Detentions before new rally

Meanwhile, Navalny’s supporters are preparing new protests on January 31. The Moscow Prosecutor's Office found calls for participation in mass riots on the Internet and asked citizens not to participate in them. In connection with this, five Russian and foreign Internet companies, as well as six individuals, received a prosecutor’s warning about the inadmissibility of illegal actions. According to an Interfax source, the warning was sent to Mail.ru (owns VKontakte and Odnoklassniki), Google, Facebook, Twitter and TikTok. Besides? The Ministry of Internal Affairs reminded of responsibility for provocations against security forces at rallies.

Article on the topic

How are children provoked?
, Lyubov Sobol , Oleg Navalny , Maria Alekhina and Anastasia Vasilyeva were detained . And against the head of the network of regional headquarters of Alexei Navalny, Leonid Volkov (he is currently abroad), the Investigative Committee opened a criminal case under the article on inducing minors to commit illegal actions using the Internet.
This refers to a large-scale campaign calling for people to come to the rallies on January 23, which was conducted on TikTok and other social networks. Navalny himself, meanwhile, is awaiting trial in the Matrosskaya Tishina detention center. The oppositionist was detained after arriving from Germany to Russia on January 17. This happened while he was going through passport control in Sheremetyevo. The authorities said the reason for the detention was that Navalny was on the federal wanted list after violating the terms of the probation imposed on him by the court verdict in the Yves Rocher case. The Moscow Federal Penitentiary Service reported that he was evading the control ordered by the court, since his treatment in Germany should have already come to an end.

How are bodily injuries classified and under what headings?

Beatings. Here we are talking about bodily injuries received as a result of beating, which did not cause significant harm to health. Such a conclusion is given by a forensic medical examination; on the basis of its certificate, the case is assigned to the appropriate group. If you are interested in what article of the Criminal Code of the Russian Federation is punishable for beating minors, then this is Art. 116. Deprivation of liberty is provided in the presence of aggravating circumstances, such as racial, religious, political motives, hooliganism, etc.

If the expert concluded that the victim’s health was slightly harmed, the act falls under Article 115 of the Criminal Code of the Russian Federation. This provides for a fine, but in some situations imprisonment for up to 2 years is awarded.

Moderate beatings are considered under Article 112. The culprit can be sentenced to imprisonment for up to 2 years. But, there is an alternative - paying a fine in the amount established by the judicial authority. In some cases, individuals are sent to forced labor.

Under Article 111, the most serious crimes are considered, as a result of which significant harm was caused to the health of the victim. The culprit faces imprisonment for up to 15 years. There are no minimum restrictions under this article.

What is the punishment for mass or group beating of a person under Art. 116 of the Criminal Code of the Russian Federation?

No one is immune from attacks on life and health by aggressive individuals.

It is not always possible to provide the necessary resistance to actions of an aggressive nature on the part of strangers.

Many victims of this type of attack, injured during beatings, want to protect their rights and punish the attackers.

1. Definition of battery
2. What kind of group or mass beating would be under Art. 116 of the Criminal Code of the Russian Federation?
3. Battery without aggravating circumstances
4. Aggravated battery
5. How to prove the fact of a crime and where to go so that the criminals receive punishment?
6. Conclusion

Definition of battery

What it is? Battery is recognized as the intentional infliction of bodily harm in the form of abrasions, bruises and other injuries that do not pose serious harm to health and do not force the citizen to temporary disability.

Group beatings are condemned more severely than such violence committed individually.

What kind of group or mass beating would be under Art. 116 of the Criminal Code of the Russian Federation?

In this section we will tell you what a mass beating of various kinds will be like.

The legislative framework defines beatings through Article 116 of the Criminal Code of the Russian Federation, which states that beatings are recognized as the use of physical violence against the victim, and the result of everything that happened is pain. It does not matter how many people took part in the beating.

In addition to this article, such crimes can be classified as:

• Article 115 of the Criminal Code of the Russian Federation , where, in addition to causing physical harm to health, resulting in temporary disability, an additional element is added - the use of weapons or other items replacing it. Punishment for light assault.
• Article 112 of the Criminal Code of the Russian Federation states that after inflicting physical violence, a citizen has lost the ability to work by approximately one third. Punishment for beatings of moderate severity.

This article also indicates the main aggravating aspects - this is the beating of minors and people unable to resist. Group beatings will also be an aggravating circumstance for the offenders. Article 111 of the Criminal Code of the Russian Federation provides for even harsher punishment if a citizen received harm to health, which could lead to loss of life and loss of ability to work by at least one third.

If after the beating, the person who was attacked has lost the ability to hear or speak, and perhaps the punishment authority will be more severe. This also includes cases where there was a termination of pregnancy and mental disorder after the incident.

The degree of responsibility for the use of physical force committed by a group of people will be assessed on the basis of a forensic medical examination that determines the severity of the harm caused.

If harm to health was caused to a representative of the authorities, then Article 318 of the Criminal Code of the Russian Federation applies. The classification of the crime will also be made according to the severity of the injuries inflicted and the consequences of such a beating.

Criminal Code of the Russian Federation, Article 318. Use of violence against a representative of authority

1. The use of violence not dangerous to life or health, or the threat of violence against a government official or his relatives in connection with the performance of his official duties, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period up to eighteen months, or forced labor for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years.
2. The use of violence dangerous to life or health against the persons specified in part one of this article is punishable by imprisonment for a term of up to ten years.

Note. In this article and other articles of this Code, a representative of the government is recognized as an official of a law enforcement or regulatory agency, as well as another official vested with administrative powers in accordance with the procedure established by law in relation to persons who are not officially dependent on him.

Battery without aggravating circumstances

If the beatings were inflicted without circumstances that could have aggravating consequences, then the offenders face a fine of forty thousand rubles or correctional labor for up to one year.

The same period may be chosen by the court as arrest. If the victim’s health was undermined and he was seriously harmed, the maximum punishment for such a crime can reach eight years in prison.

If the crime was committed against a government official, then the fine for it will be significantly higher and can reach up to two hundred thousand rubles. Imprisonment for such an act is also stricter and can be imposed for up to ten years.

Aggravated battery

The punishment for battery will be much more severe than in circumstances where there are no aggravating factors. In circumstances where the crime is aggravated, the court may impose a penalty of two years in prison.

If significant damage to health is caused, resulting in grave consequences, the court may choose a preventive measure of up to fifteen years in prison.

If harm was caused to a citizen with several aggravating circumstances at once, the punishment for such an act will be much more severe than in other cases.

How to prove the fact of a crime and where to go so that the criminals receive punishment?

Legal experts recommend that immediately after the incident, try to remember the circumstances of the incident and the faces of the attackers. After a crime has been committed, the victim must follow a certain algorithm of actions.

The first stage consists of a medical examination of the beatings inflicted. As a rule, at the initial stage after a beating, the damage caused is noticeable and easy to record. To do this, you need to go to the nearest hospital or emergency room, where they will provide qualified assistance and conduct an examination with further recording of all damage caused.

It is necessary to carefully monitor the actions of doctors and ensure that every place where there is pain is noted in the medical document. The traumatologist must hear from the victim the nature of various injuries and record them.

If injuries forced the victim to go on sick leave, you need to carefully check that the certificates indicate damage of one kind or another, as this will be important for the further inclusion of documents in the materials of the case under consideration.

• The second step is to contact the police. Law enforcement officers will inspect the place where the beating took place and may find biological materials there, which will also be added to the investigation.

So, you need to contact the police as follows:

1. a call made to the police will be recorded, and it will also reflect the time and condition of the caller. This can also be added to the case later.
2. When called, a police squad or a local police officer will arrive and conduct a written survey of all those present.
3. Employees should be required to provide a protocol for the inspection of the premises, which will be important if there are no witnesses to the incident in the case. Law enforcement officers will take photographs of the situation and the injuries received by the victim.
4. It is necessary to obtain a referral from the police for a forensic medical examination. You can go through it yourself, but it is best for the document to be issued by an employee inspecting the scene of the incident.
5. In the explanations, it is important to indicate all the circumstances that led to the actions of a group of people towards the victim, and to describe possible witnesses to the beatings.
6. The head of the police department must receive a statement from the victim, and in response, the person who was injured will receive a notification coupon, which will inform him about the progress of the inspection, which must be carried out no later than ten days.

If the police do not respond to the incident, then the victim should write complaints to the local prosecutor's office and to the head of the police station. The final stage will be preparation for trial.

If there are witnesses in the case, their testimony will be important when making a decision.

It is necessary to collect as many documents as possible characterizing the identity of the attackers and the victim. Such documents will help to avoid unnecessary slander during the court hearing.

Police officers can send the case materials to the magistrate, but these documents must be accompanied by a statement from the victim, written in the prescribed format. In the application, the victim may demand compensation for damage caused by physical and moral harm.

In addition, all costs related to paying for a lawyer and other medical measures will also fall on the shoulders of the losing party. The absence of witnesses may affect the outcome of the case, but if you carry out a forensic medical examination as soon as possible and call the police to inspect the scene of the incident, then they can seize the items and materials necessary for the proceedings.

The court will consider the case, guided by the law, and will take into account all the circumstances of the case, including aggravating ones. The court may refuse to satisfy the claims if there is no evidence in the case or self-defense was exceeded.

And, of course, don’t forget that you can withdraw your application.

Conclusion

Being attacked by a group of people is a phenomenon that anyone can experience. It is necessary to competently approach the design of further actions after the beating and it is important to remember that such crimes must be punished within the law.

"Throw molotovs, cut them"

T. B. Ismailov, born in 2000, was detained for calls for mass unrest, violence and arson “Bring the bottles, petrol, we won’t let the Russian people die and remain in history. YOU ARE RAPEED AND YOU ARE NOT KEPT FOR PEOPLE. ******* THROW THE COPS WITH MOLOTOVS, CUT THEM (the author’s spelling and punctuation have been preserved - approx. AiF.ru"), he wrote on social networks. It is interesting that Ismailov himself came to the police to confess, was interrogated as a suspect and confessed to everything.

Article on the topic

Children at the barricades.
How did they prepare a protest in Russia during a pandemic? “Don’t stand like vegetables, move, constantly shout something to these ********,” 17-year-old M. M. Stepanov from Rostov-on-Don gave advice to his VKontakte subscribers.
— If you have something at hand that you can throw or something that you can use to defend yourself, take it. And remember, peaceful protests in totalitarian countries will not change anything.” The young man was quickly found. A search was carried out at his home, during which all computer equipment was confiscated. Forensic examinations have been ordered. The suspect has already admitted guilt. He was left under recognizance not to leave the place.

Several criminal cases were opened in connection with blocking roads for pedestrians and vehicles. Thus, the Ministry of Internal Affairs of the Primorsky Territory noted that interference with traffic and blocking of roads during unauthorized actions could lead to tragic consequences. For example, ambulances might not have time to arrive at the place of call.

Definition of battery

What is meant by the concept of beating by a group of persons and what article is provided for this crime? Battery is the intentional infliction of bodily harm that does not cause serious harm to health and does not deprive the victim of his ability to work. An aggravating circumstance is the actions of a group of people, and if the motives of the attackers were related to religious, racial or ideological hostility, then the punishment will be more serious; a group beating is punished more severely than violence.

Article 318. Use of violence against a representative of the authorities

Lawful use of force against an employee.

According to Art. 37 of the Criminal Procedure Code of the Russian Federation, there is an admissibility of self-defense in a situation of an attack on the life, health and legitimate interests of a citizen. At the same time, the text of the article does not indicate the position or profession of the attacker. However, the Supreme Court of the Russian Federation in 2012 prohibited residents of Russia from offering any resistance to any actions of police officers, even if the latter unlawfully use physical force associated with causing harm to the life, health or property of a citizen.

Thus, any resistance to the police is taken beyond the scope of necessary self-defense and entails liability under Art. 318 Code of Criminal Procedure of the Russian Federation. In turn, a police officer who kills a citizen during arrest is held accountable under Art. 108 of the Criminal Code for exceeding self-defense.

What is considered an assault on a police officer while on duty?

In Part 3 of Art. 68 Federal Law No. 342 “On Service in the Ministry of Internal Affairs” describes situations in which a police officer is on duty:

In all of the above situations, the policeman is on duty. At the same time, it does not matter whether he has uniform or identification.

Actions regarded as assault:

1. Infliction of beatings of any severity;
2. Attempt to take possession of a service weapon;
3. Causing damage using auxiliary means;
4. Physical contact that interferes with a police officer's performance of his duties;
5. Unfinished actions that were clearly threatening in nature.

How to find out that an employee is fulfilling official duties

An attack on a police officer is qualified under Art. 318 of the Criminal Code of the Russian Federation, only when it is committed to prevent him from performing his legal professional duties. That is, the criminal must realize that the victim of the attack is a representative of law enforcement agencies. And the reason for the attack is the latter’s performance of his official duty.

It is easy to understand that a police officer is on duty. In Part 1 of Art. 19 of Federal Law No. 3 of 02/07/2011 “On the Police” states that before using physical force, special means or weapons, a servant of the law:

• reports that he is a police officer;
• warns offenders of his intention;
• provides them with the opportunity and time to comply with its legal requirements.

An important point is that a police officer, while on duty, is not necessarily dressed in uniform and carries an official identification card.

According to Part 3 of Art. 68 of Federal Law No. 342 of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation”, a police officer is recognized as performing official duties when he:

• prevents and suppresses violations of the law, helps people in a helpless or life-threatening state;
• goes to the place of service, medical examination (treatment) or returns from there;
• stays in a medical institution where he is undergoing treatment in connection with an illness or injury received in the course of performing professional duties;
• held as a hostage;
• takes part in official events (trainings, competitions, exercises).

Commentary to Art. 317 of the Criminal Code of the Russian Federation

1. Victims may be:

- law enforcement officers - full-time employees of internal affairs bodies, the prosecutor's office, the federal security service, the federal security service, the federal penitentiary service, the federal customs service, drug and psychotropic substance control agencies, etc.;

- military personnel - persons serving under contract or conscription in the Armed Forces of the Russian Federation, in the internal troops of the Ministry of Internal Affairs of Russia, in the civil defense forces, engineering and technical and road construction military formations, the Foreign Intelligence Service of the Russian Federation, federal security service agencies, federal special forces communications and information, federal state security bodies, the federal body for ensuring mobilization training of government bodies of the Russian Federation, military units of the federal fire service and special formations created for wartime. For citizens called up for military training, the status of military personnel is extended in cases and in the manner provided for by law. According to the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 No. 9 “On some issues of the application by courts of legislation on military duty, military service and the status of military personnel,” this status is retained for military personnel seconded in the prescribed manner to federal government bodies and other government bodies and institutions, government bodies of constituent entities of the Russian Federation, international organizations in accordance with international treaties of the Russian Federation, state unitary enterprises, joint-stock companies, other enterprises, institutions and organizations;

- relatives of these persons - spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren; persons who are related or related; other persons whose life, health and well-being are dear to the victim due to existing personal relationships (groom, bride, cohabitant).

2. Based on the range of victims, the crime in question must be distinguished from the crimes provided for in Art. Art. 277 and 295 of the Criminal Code. In the first case, the victim is a state or public figure, an attack on whose life is carried out in order to stop his state or other political activities or to take revenge for such activities; in the second case, a person carrying out justice or a preliminary investigation or execution of a sentence, court decision or other judicial act in order to impede their legal activities or out of revenge for it (see comments to Articles 277, 295 of the Criminal Code).

3. The objective side of the crime is characterized by an encroachment on the life of a law enforcement officer or military personnel or their relatives. Assault covers both murder and attempted murder.

The named activities for the protection of public order and ensuring public safety should be understood as:

- performing guard and patrol duty on the streets and in public places, maintaining order during demonstrations, rallies, entertainment, sports and other events;

— maintaining order during liquidation of the consequences of accidents, public and natural disasters;

— prevention or suppression of illegal attacks.

4. The murder of a law enforcement officer, military personnel or their relatives, committed in connection with the performance by these persons of their official activities not related to the protection of public order or ensuring public safety, is qualified under paragraph “b” of Part 2 of Art. 105 of the Criminal Code.

5. The activities of the victim must be legal in nature, i.e. comply with the requirements of regulatory legal acts.

6. The crime is considered completed from the moment of an attack on the life of a law enforcement officer.

7. The subjective side of the crime is characterized by direct intent. As a mandatory feature, the law specifies the motive of the crime - revenge for activities to protect public order and ensure public safety and the purpose of the crime - obstruction (i.e. obstruction - prevent, interrupt) the legitimate activities of a law enforcement officer or military personnel. A crime committed for other reasons or for another purpose constitutes a corresponding crime against the person.

8. The subject of the crime is a person who has reached the age of 16 years. The actions of a person aged 14 to 16 years who committed an attack on the life of a law enforcement officer are subject to qualification under paragraph “b” of Part 2 of Art. 105 of the Criminal Code.

The punishment for disobedience to a lawful request of a police officer or obstruction in the performance of official functions is established by the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses), and for a criminal attack on a police officer, the article of the Criminal Code of the Russian Federation (Criminal Code). Illegal actions committed against a representative of law enforcement authorities pose a threat to the state management system and the regular work of internal affairs bodies.

Responsibility for assaulting a police officer

A law enforcement officer has a special status as a representative of the government, whose tasks are to ensure order and security in society, as well as to protect the rights of subjects.

Therefore, an attack on his life and health, personal integrity, honor and dignity entails criminal punishment.

Sanctions apply:

• for attempting or committing murder;
• for violent acts.

An article of the code classifies an attack on a police officer during execution as a particularly serious crime.

In addition to the life of the employee, these acts endanger the lives of people close to him, and also violate the mechanism for fulfilling the assigned tasks. How much do they pay for killing a policeman, says Art. 317 of the Criminal Code of the Russian Federation. The offender is punished by imprisonment for a term of twelve to a couple of decades; life imprisonment may also be imposed if there are aggravating circumstances.

Basic Concepts

Law enforcement officers, while performing their official duties, are constantly in particular danger; the legislator, in turn, must provide people serving the state with decent protection. The Criminal Code provides for an article for attacking a police officer while on duty, as well as punishment for an attempt on his life. A person who violates a rule of law is held accountable and punished on a general basis.

An article of the Criminal Code defines an attack on a police officer as a particularly serious crime.

An attempt on the life of a police officer or an attack on him is committed with direct intent. The criminal is aware of his actions, and their illegal nature, accordingly, must be punished. Moreover, the actions of the perpetrator are of an impudent nature and are aimed not specifically at a person as an individual, but at a representative of the authorities. By his actions, the attacker disrespects the existing state apparatus. The subject of the violation is a sane person who has reached the age of sixteen. The criminal law considers the purpose of a crime to be obstructing the performance of direct duties by a police officer. This motive is often supplemented by the desire to hide another crime, personal hostility and hooliganism.

The object of the encroachment, according to Article 317 of the Criminal Code of the Russian Federation and the commentary to it, is the work of law enforcement agencies. The objective side of the violation is the use or threat of violence against a law enforcement officer. If there is a murder of a police officer, Article 317 of the Criminal Code of the Russian Federation considers an encroachment on the life of a law enforcement officer as an objective party. If at the time the crime was committed, the victim was not on duty (was not wearing a uniform), then the actions of the criminal are qualified under Article 317 of the Criminal Code of the Russian Federation, but only if this is retaliation for his professional activities. In another situation, the perpetrator will be held liable under Article 105 of the Criminal Code of the Russian Federation - murder.

Disobedience and resistance to a police officer in the Criminal Code of the Russian Federation

Article 318 considers an attack on an officer during execution to be completed at the moment of the use of physical or mental violence against the police officer.

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Sources

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