Article 244 of the Criminal Code of the Russian Federation. Desecration of the bodies of the dead and their burial places

Any decent and sane person is obliged to treat with due respect the death of people, their burial places, memorial (gravestone) structures and everything that concerns such a difficult life situation as the loss of someone’s loved ones, friends, acquaintances. Unfortunately, not all citizens of the Russian Federation (and in the world community as a whole), especially the younger generation, lead a law-abiding lifestyle. They commit vile acts, completely devoid of morality and honor - they desecrate graves, mock the bodies of the dead, and also destroy tombstones, wreaths, fences, etc. Trying to understand the reasons for these actions, including determining the degree and severity of responsibility of the perpetrators, is the main goal of this article.

Punishment for desecration of the bodies of the dead and their burial places.

Legal commentary on Article 244 of the Criminal Code of the Russian Federation

Criminal acts that are defined in part 1 of Art.
244 of the Criminal Code of the Russian Federation with comments, are distinguished by their low severity. The offenses recorded in Part 2 are moderate. The direct object is considered to be relations in society of a moral nature, which relate to traditional events, customs, and rituals in the religion of burial. The unlawful act affects the memory of the deceased, their honor, the peace of their bodies, and the preservation of the burial site. An optional object is the non-financial well-being of relatives, housing and much more.

The subject is considered:

1. The bodies of the buried.
2. Burial site.
3. Cemetery building.
4. Construction over the grave.

The location of the burial should be considered a plot of land that was predetermined on the basis of environmental, sanitation, and ethical standards, with cemeteries for the burial of citizens or remains, and walls for placing vases with ashes.

This also applies to the crematorium and buildings that are intended for committing dead citizens to the fire, as well as other buildings that are used for rituals.

A building that is a monument, crypt, slab, sculpture, stele and other structure that has data about the citizen in whose memory these objects are installed should be recognized as a gravestone. A cemetery building is a structure that is used for ceremonies associated with the burial of the deceased.

This could be a chapel, a church, a hall for special funeral events, a crematorium and much more.

Burial is a rite of burial of a person upon the occurrence of his death based on traditional characteristics that do not contradict sanitary standards and other standards.

Thus, the above are the main legal points that relate to the analyzed article.

The concept and types of desecration of the bodies of the dead and burial places

Violation of the bodies of the dead means active actions consisting of:

• mockery of the remains of the deceased before burial;
• removing a buried person from the grave and causing mechanical damage to the remains, dismembering the body, and committing other cynical actions against it.

Desecration of burial sites consists of deliberate damage and destruction:

• graves;
• cemetery tombstones;
• places where rituals for burial and remembrance of the dead take place.

The elements of the crime, as well as responsibility for it, are specified in Article 244 of the Criminal Code of the Russian Federation.

General concepts

So, for sure, it will not be a revelation to anyone that the act in question carries a special degree of public danger. This is a manifestation of disrespect for society, its traditions in the field of honoring the dead, absolute disrespect for the feelings of grieving relatives and friends, causing material (property) harm to persons whose funds were used to conduct funerals and erect memorial structures. Below are the provisions of the current legislation establishing the severity of punishment for such crimes, as well as its composition and features. Therefore, for a clearer understanding of the provisions of regulatory legal acts, it is necessary to analyze the basic concepts that will be used in this article, namely:

1. The body of the deceased is a human body with a recorded or actual cessation of the body’s vital functions. It should be understood that this definition also includes situations, for example, with dismemberment, when death was not documented at the time of its actual occurrence.
2. A burial place is a territorially limited place, allocated in accordance with current legislation, including in accordance with environmental, sanitary and ethnic requirements, and intended for the burial of bodies, remains (ashes), including specially designated places for honoring the dead - walls of grief , crematoria, etc.
3. Grave structures are objects designed to individually highlight the actual burial site (grave) - a cross, tombstone, monument, stele, obelisk or any other objects that contain information about the deceased.
4. Cemetery buildings are buildings used by people for holding ceremonies of farewell to the dead, memorial services - this is a church, ritual hall, chapels, etc.

Composition and punishment

The elements of the crime and the proposed types of sanctions for the acts in question are established in accordance with Article 244 of the Criminal Code of the Russian Federation, the provisions of which are as follows:

Desecration of the bodies of the dead or destruction, damage or desecration of burial places, grave structures or cemetery buildings intended for ceremonies in connection with the burial of the dead or their commemoration, is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for the period up to three months, or compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or arrest for a term of up to three months.

So, as can be seen from the provisions of Part 1, the objective side of this crime consists of two main actions:

• violation of the body manifests itself in the form of committing immoral and mocking actions in relation to the body, remains of the body, and ashes. Such actions can manifest themselves in the form of removing a body from a grave (without legal grounds), dismembering corpses, nudity (mockery of the body, stealing clothes), confiscation of jewelry, including dental crowns made of expensive materials, etc.;
• destruction, damage or desecration of objects intended for burial and commemoration - accordingly, taking into account the nature of the above actions, the degree of causing material and property damage is determined, namely: complete destruction / destruction of objects, rendering them completely unusable, and the impossibility of using them for their intended purpose;
• significant/significant damage or destruction of objects, creating the need for work to restore them;
• an insult in many ways similar to vandalism - that is, the implementation of obviously immoral actions that go against the purpose of the object, for example, applying graffiti to a monument, throwing garbage at a grave or monument, etc.

Consequently, taking into account the above circumstances, the objective side is considered fulfilled from the moment the violation or damage and desecration begins, and in case of destruction - from the moment it is actually rendered unusable.

The same acts committed:

• a group of persons, a group of persons by prior conspiracy or an organized group>;
• for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity in relation to any social group, as well as in relation to sculptural, architectural structures dedicated to the fight against fascism or victims of fascism, or burial places of participants in the struggle with fascism;
• with the use of violence or the threat of its use, -

shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to five years, or arrest for a term of three to six months, or imprisonment for a term of up to five years.

Part 2 provides three qualifying criteria, which are in many ways similar to crimes such as hooliganism and vandalism.

Point "a". If a group crime by prior conspiracy does not raise any questions, since everything is clear and understandable - these are two or more persons united to carry out the above actions, then a misunderstanding arises with the organized group as to the ultimate meaning of their actions. It is quite difficult to imagine that some organized crime group chose the destruction of monuments in a cemetery as its type of activity. Therefore, we can say with confidence that the action of an organized group in most cases is aimed at desecrating a corpse. For example, at the end of the 20th century, some organized crime groups disposed of bodies using dismemberment, which significantly complicated the investigative activities of law enforcement agencies.

Point "b". As a clear example, we can cite situations in which certain individuals who were extremely negatively disposed towards the Soviet history of our country or who were adherents of fascist ideology destroyed the graves of soldiers who died during the Great Patriotic War, as well as veterans who survived that difficult time. Such a circle of people cannot be designated as an organized group, since the structure of their creation and activities does not correspond to the hierarchy of organized crime groups, but it is possible to create additional qualifications as a group crime here, by the way, this is what happens in most cases.

Point "c". Violence can manifest itself in any form - tying, holding, hitting, threatening gestures, directed aggressive behavior, threat of using a weapon. The sanctions component involves restriction of freedom for up to 3 years, five years of forced labor, three or six months of arrest, or imprisonment for up to 5 years.

Another comment on Article 214 of the Criminal Code of the Russian Federation

1. The subject of the crime is, firstly, buildings and structures (except for those specified in Articles 243, 244 of the Criminal Code), i.e. immovable objects, different in functional purpose, located in public, collective or individual use (residential buildings, institutions, stadiums, bridges, fences, etc.); secondly, any property on public transport or in other public places (glass, seats, walls in cinemas, etc.). Intentional damage to personal property constitutes a crime under Art. 167 of the Criminal Code.

2. The objective side of vandalism is expressed by two alternative actions:

1) desecration of buildings or other structures;

2) damage to property on public transport or in other public places.

Desecration consists of disfiguring buildings and structures by creating inscriptions and drawings that offend public morals. Unauthorized application of inscriptions and drawings that do not contradict public morality does not constitute vandalism.

Damage to property is the destruction, destruction or damage of property on public transport or in other public places.

3. The subjective side of the crime is characterized by direct intent.

4. The subject of the crime is any sane person who has reached the age of 14 years.

5. Causing damage on a significant or large scale during vandalism requires the qualification of acts according to the totality of crimes of Art. Art. 214 and 167 of the Criminal Code.

Judicial practice under Article 244 of the Criminal Code of the Russian Federation.

• 1.

  Sentence No. 2-24/2018 of October 23, 2022 in case No. 2-24/2018

  Supreme Court of the Republic of Bashkortostan (Republic of Bashkortostan) – Criminal

  ... in relation to Metelev FULL NAME38, ... accused of committing crimes under paragraph “c” of Part 4 of Art. 162, pp. “d, h” part 2 art. 105, part 1 art. 244 of the Criminal Code of the Russian Federation, U S T A N O V I L: Metelev A.V. committed a robbery on FULL NAME11, with the use of life-threatening violence, with the use of ...

• 2.

  Decision No. 2A-1154/2018 2A-1155/2018 2A-1155/2018~M-1685/2018 M-1685/2018 dated October 22, 2022 in case No. 2A-1154/2018

  Apsheronsky District Court (Krasnodar Territory) – Civil and administrative

  ...360 and 361 of the Criminal Code of the Russian Federation. Polyakov A.V. convicted by the verdict ... of the district court of the Krasnodar region dated May 25, 2015 under clause “b”, part 2 of art. 244, part 1 art. 282, part 1 art. 222, part 1 art. 222.1 of the Criminal Code of the Russian Federation to 4 years of imprisonment, without a fine, with serving the sentence in a colony...

• 3.

  Sentence No. 1-73/2018 of September 28, 2022 in case No. 1-73/2018

  Tsimlyansky District Court (Rostov Region) – Criminal

  ...fine clause “a”, part 3, art. 158 of the Criminal Code of the Russian Federation to punishment of 1 year 6 months of imprisonment, without fine, under Part 1 of Art. 244 of the Criminal Code of the Russian Federation to punishment in the form of compulsory labor for a period of 240 hours, in accordance with Art. 71 of the Criminal Code of the Russian Federation, compulsory labor is replaced by imprisonment based on...

• 4.

  Sentence No. 1-72/2018 of September 25, 2022 in case No. 1-72/2018

  Buturlinovsky District Court (Voronezh Region) – Criminal

  ...58), a copy of the resolution to initiate a criminal case at the request of FULL NAME9 in relation to Witness No. 5 and Sitnikova E.V. on the grounds of a crime under Part 1 of Art. 244 of the Criminal Code of the Russian Federation (vol. 1, case file 60), an order to carry out certain investigative actions (vol. 1, case file 63), a resolution of the investigator of the Department of the Ministry of Internal Affairs of Russia for the Buturlinovsky district on ...

• 5.

  Appeal decision No. 22-1978/2018 dated September 24, 2018 in case No. 22-1978/2018

  Voronezh Regional Court (Voronezh Region) – Criminal

  ...year of birth, native, previously convicted: – DD.MM.YYYY Rossoshansky District Court under clause “c,d”, part 2 of article 158, part 1 of art. 244, paragraph “a”, part 3 of article 158 of the Criminal Code of the Russian Federation, using part 3 of article 69 of the Criminal Code of the Russian Federation, to 2 years 6 months of imprisonment, on the basis of article 73 ...

• 6.

  Verdict No. 1-100/2018 of September 17, 2022 in case No. 1-100/2018

  Simferopol District Court (Republic of Crimea) – Criminal

  ...address>, not previously convicted of committing crimes under Part 3 of Art. 30, part 2 art. 35, part 1 art. 243, paragraph “b”, part 2, art. 244 of the Criminal Code of the Russian Federation, established: in 2022, more precise date and time have not been established, but no later than DD.MM.YYYY, ...

• 7.

  Resolution No. 1-154/2018 of September 6, 2022 in case No. 1-154/2018

  Sibay City Court (Republic of Bashkortostan) – Criminal

  ...medical examination No. from DD.MM.YYYY, according to which on the corpse FULL NAME4 there are bodily injuries received by her posthumously, which indicates the presence of a crime under Art. 244 of the Criminal Code of the Russian Federation, which provides for criminal liability for desecration of the bodies of the dead, but no charges were brought under this article. State prosecutor Grishaev A.V. supported the petition. The victim...

• 8.

  Resolution No. 44U-5/2018 4U-99/2018 of September 6, 2022 in case No. 1-302/2017

  Magadan Regional Court (Magadan Region) – Criminal

  ... 105 of the Criminal Code of the Russian Federation to imprisonment for a term of 12 years 6 months, with restriction of freedom for a period of 2 years; according to clause “a”, part 2 of art. 244 of the Criminal Code of the Russian Federation to imprisonment for a term of 2 years 6 months. In accordance with Parts 3 and 4 of Article 69 of the Criminal Code of the Russian Federation for a set of crimes, by partial...

• 9.

  Resolution No. 1-52/2018 of September 3, 2022 in case No. 1-52/2018

  Krasnozersky District Court (Novosibirsk Region) – Criminal

  ...who, in accordance with the resolution to send the criminal case to the court for the application of a compulsory measure of a medical nature, committed an act prohibited by criminal law, provided for in paragraph “b” of Part 2 of Art. 244 of the Criminal Code of the Russian Federation, U S T A N O V I L Miller V.A. committed an act prohibited by criminal law under the following circumstances. From 11 o'clock...

• 10.

  Appeal decision No. 22-4548/2018 dated August 23, 2018 in case No. 22-4548/2018

  Rostov Regional Court (Rostov region) – Criminal

  ...Article 105, clause “g”, part 2, Article 105, clause “c”, part 3, Article 162, clause “g, h” part 2 article 105, part 1 art. 244, part 3 of article 69 of the Criminal Code of the Russian Federation, taking into account the changes made to the sentence on July 29, 2015 and October 29, 2015, to 18 years and 8 months of imprisonment ...

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Qualifying characteristics and measures of responsibility

A crime classified under Part 1 of Article 224 of the Criminal Code of the Russian Federation is a crime of minor gravity.

The following penalties are provided:

• Fine up to 40 thousand rubles. The amount of the fine may also be three months' income of the convicted person.
• Another type of punishment is compulsory work lasting up to 360 hours.
• Punishment in the form of correctional labor for up to 1 year or arrest for up to 3 months is also provided.

The crime has a number of qualifying characteristics. Responsibility for a qualified crime is higher. Punishment under Part 2 of Article 244 of the Criminal Code of the Russian Federation is assigned :

• in the form of restriction of freedom for up to 3 years;
• or in the form of forced labor for up to 5 years;
• or in the form of arrest from 3 to 6 months.

In addition, Part 2 of Article 244 of the Criminal Code of the Russian Federation provides for imprisonment for up to 5 years. Thus, the crime moves into the category of medium severity.

In paragraph “a” of part 2 the following qualifying characteristics are indicated::

• Committing a crime by a group of persons .
  To qualify on this basis, there is no need to establish the preliminary nature of the agreement. It is enough to prove that not one person, but two or more, took part in the commission of the act, even if their actions were spontaneous. The legislator identified a group of persons as a separate qualifying feature, since damage from the actions of several people is always more significant. In addition, by performing joint actions, individuals are imbued with a common idea and feel support from their accomplices.
• By a group of persons by prior conspiracy . To qualify a crime on this basis, it is necessary to establish an agreement between two or more participants to commit illegal actions. Conspiracy must precede the start of active actions. The severity of the crime increases because the act is preceded by planning and preparation of the crime.
• An organized group . The most serious of the qualifying criteria included in paragraph “a” of part 2 of this article. The crime in this case was committed not just by conspiracy, but by a stable group of people who deliberately united to commit crimes. As a rule, there is a distribution of roles within the group and careful planning of illegal acts.

Clause “b” of Part 2 of this article contains additional qualifying characteristics . These include committing actions motivated by political, ideological, racial, national or religious hatred or enmity, or motivated by hatred or enmity in relation to any social group, as well as in relation to:

• sculptural, architectural structure dedicated to the fight against fascism or victims of fascism;
• burial places of participants in the fight against fascism.

The legislator provides for more severe punishment for committing a crime for these reasons, because enmity and hatred in a multinational state may have the nature of a social problem. Stirring up political infighting:

1. creates a situation of tension;
2. shakes the existing foundations of society;
3. may result in a violation of stability and public order.

A criminal who commits an act for these reasons is motivated by a feeling of hostility, antipathy, hatred towards representatives of others:

• nationalities;
• political beliefs;
• religious denominations.

Other reasons may include a sense of superiority or self-affirmation.

Persons who committed desecration of the graves of fighters against fascism are also subject to criminal liability under this paragraph. In addition, this clause includes actions to desecrate or damage sculptures, monuments, and architectural objects related to the fight against fascism.

It does not matter whether these objects are located in burial places of soldiers and civilians or whether they are a separate monument.

, as well as the threat of its use, as a qualifying feature In the event of a beating or minor injury to the victim, no additional qualifications are required. If moderate or serious harm to health is caused, the act is subject to additional qualification under the relevant articles of the Criminal Code of the Russian Federation.

Judicial practice under Article 244 of the Criminal Code of the Russian Federation

It is worth highlighting such judicial practice. Guilty citizen N. shouted phrases with a nationalistic character in front of unfamiliar citizens. In addition, he secretly stole objects from the grave.

For this he was punished in two categories:

• Art. 244 of the Criminal Code of Russia;
• Art. 282 of the Criminal Code of the Russian Federation.

The crime has elements based on materiality and formality. During the desecration of a citizen, the desecration of burial grounds, cemetery buildings, monuments over the grave and devices, the offense is designated as completed in the situation of the origin of any act that forms the objective part of the unlawful offense.

During liquidation or destruction, the illegal act will become complete when certain consequences occur. A subject who can be found guilty under Art. 244 of the Criminal Code of Russia, is an individual sixteen years old, who is also sane.