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.
Terrorism is publicly committed generally dangerous acts or threats thereof, aimed at intimidating the population in order to influence the adoption of any decision or rejection of it in the interests of terrorists.
The basis of terrorist activity is the desire to sow fear in society, create a feeling of constant danger, instability, disorganize and paralyze the activities of state and public structures, organizations and enterprises.
Criminal liability for committing terrorism is provided for in Art. 205 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) and provides for punishment for up to 20 years or life imprisonment, depending on the severity of the crime committed.
Unlike terrorism, the punishment for knowingly false reporting of an act of terrorism (Article 207 of the Criminal Code of the Russian Federation) does not exceed three years in prison. At the same time, this crime relates to crimes of a terrorist nature, since a knowingly false report of an act of terrorism, although it does not create a real danger of the consequences characteristic of terrorism, damage is caused to public safety.
The objective side of the crime is expressed in a deliberately false report about an impending explosion, arson or other actions that create a danger of death and property damage, that is, the person knows that he is reporting information that is not true.
Messages have various forms - by telephone, in writing, through the media, computer communications and can be transmitted to various addressees, both organizations and institutions obliged by the nature of their service to respond to these messages, for example, to law enforcement agencies, authorities, and other organizations, or individual citizens.
The motives for a crime can be different: from a feeling of revenge, from hooligan motives, in order to attract attention to oneself, while the crime is always committed with direct intent, since the criminals are fully aware that they are reporting false information about an act of terrorism and wish to do so.
Despite the fact that the criminal does not have the goals that are inherent in terrorism and are specified in Art. 205 of the Criminal Code of the Russian Federation, the consequences of this crime are serious. People begin to panic and fear, and the work of institutions, enterprises, and organizations where, according to the criminal, an act of terrorism is to be committed, is suspended. To verify the fact of danger, law enforcement agencies and other services (fire, medical, etc.) are involved, people are evacuated, which, of course, entails considerable material costs.
The subjects of crimes are both teenagers and adults who commit crimes, fully aware of the consequences of their actions. Teenagers, as a rule, commit crimes in order to avoid a test, take revenge on teachers, not go to school, or disrupt an exam. Adults commit crimes largely out of a sense of revenge against employers, law enforcement officers, authorities, and sometimes out of hooligan motives while intoxicated.
Criminal liability for a crime under Art. 207 of the Criminal Code of the Russian Federation, are borne by sane persons who have reached the age of 14, that is, from this age a person can be convicted. Financial liability - compensation for damage caused in connection with the verification of a report of an act of terrorism is borne by parents for the actions of their children who have not reached the age of criminal responsibility and for a convicted minor who does not have his own source of income.
The crime is considered completed from the moment when the reported false information about the impending act of terrorism became known to the authorities and their representatives.
Sanction Art. 207 of the Criminal Code of the Russian Federation provides for the following types of punishment: a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months; compulsory work for a period of up to four hundred eighty hours; correctional labor for a period of one to two years; restriction of freedom for up to three years; forced labor for up to three years; arrest for a term of three to six months; imprisonment for up to 3 years.
Punishment is imposed taking into account the social danger and gravity of the crime committed, the identity of the offender, mitigating and aggravating circumstances.
Along with adults, crimes are also committed by teenagers who are not fully aware of their actions, and therefore educational institutions and parents are obliged to conduct explanatory conversations with teenagers about the seriousness of the consequences of their actions. It is necessary to explain that for committing a rash act, which teenagers sometimes regard as “a joke”, there are serious consequences - punishment in the form of a criminal record for persons who have reached criminal liability. A criminal record carries unfavorable criminal and general legal consequences (limitations of rights) for the person who committed the crime, for example, restrictions on obtaining a weapons license, when applying for work in law enforcement, judicial bodies and not only for themselves, but also for their close relatives, restrictions for obtaining a visa when traveling abroad, etc. A criminal record, if it has not been expunged or removed in accordance with the procedure established by law, is taken into account when committing repeated crimes and imposing punishment in the event of repeated crimes.
The consequences for teenagers who have not reached the age of criminal responsibility - 14 years old, are to register them with the juvenile affairs inspectorate, which subsequently negatively affects their personality characteristics
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.
Criminal liability for crimes of a terrorist nature
The procedure for receiving and considering applications
All appeals are received by the department for working with citizens' appeals of the organizational and control committee
administration of the city of Barnaul and are considered in accordance with the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” by the law of the Altai Territory of December 29, 2006 No. 152-ZS “On the consideration of appeals from citizens of the Russian Federation on the territory of the Altai Territory ", Resolution of the Barnaul city administration dated August 21, 2013 No. 2875 "On approval of the Procedure for conducting paperwork on appeals from citizens, associations of citizens, including legal entities, organizing their consideration in the city administration, city administration bodies, other local government bodies, municipal institutions, enterprises."
Acceptance of written requests from citizens, associations of citizens, including legal entities, is accepted at the address: 656043, Barnaul, Gogol St., 48, room 114
.
Document reception schedule: Monday – Thursday from 08.00 to 17.00
,
Friday from 08.00 to 16.00
, break from 11.30 to 12.18.
When accepting documents
, the points provided for in Article 7 of Federal Law No. 59-FZ dated 02.05.2006 “On the procedure for considering appeals from citizens of the Russian Federation” checked
1. A citizen in his written appeal must indicate either the name of the state body or local government body to which he is sending a written appeal, or the surname, first name, patronymic of the relevant official, or the position of the relevant person, as well as his surname, first name, patronymic ( the latter - if available), the postal address to which the response should be sent, a notice of forwarding of the appeal, sets out the essence of the proposal, statement or complaint, puts a personal signature and date.
2. If necessary, in support of his arguments, the citizen attaches documents and materials or copies thereof to the written appeal.
3. An appeal received by a state body, local government body or official in the form of an electronic document is subject to consideration in the manner established by this Federal Law.
In the application, the citizen must indicate his last name, first name, patronymic (the latter if available), and email address. A citizen has the right to attach the necessary documents to such an application.
In accordance with Article 12 of the Federal Law of May 2, 2006 No. 59-FZ, a written appeal received by a state body, local government body or official is considered within 30 days
from the date of its
registration
.
The response to an electronic appeal is sent in the form of an electronic document to the email address specified in the appeal, or in writing to the postal address specified in the appeal.
The results of work with citizens’ appeals in the Barnaul city administration are posted on the website of the organizational and control committee.
