ST 205.1 of the Criminal Code of the Russian Federation.
1. Inducement, recruitment or other involvement of a person in the commission of at least one of the crimes provided for in Article 205.2, parts one and two of Article 206, Article 208, parts one to three of Article 211, Articles 220, 221, 277, 278, 279 and 360 of this Code, arming or preparing a person for the purpose of committing at least one of these crimes -
shall be punishable by imprisonment for a term of five to fifteen years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.
1.1. Inducing, recruiting or otherwise involving a person in the commission of at least one of the crimes provided for in Articles 205, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211 of this Code, arming or preparing a person for the purpose of committing at least one of of these crimes, as well as financing of terrorism -
shall be punishable by imprisonment for a term of eight to fifteen years with a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to four years, or without it, or by life imprisonment.
2. Acts provided for in parts one or one.1 of this article, committed by a person using his official position, -
shall be punishable by imprisonment for a term of ten to twenty years with a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to five years, or without it, or by life imprisonment.
3. Assisting in the commission of at least one of the crimes provided for in Article 205, part three of Article 206, part one of Article 208 of this Code -
shall be punished by imprisonment for a term of ten to twenty years.
4. Organizing the commission of at least one of the crimes provided for in Articles 205, 205.3, parts three and four of Article 206, part four of Article 211 of this Code, or directing its commission, as well as organizing the financing of terrorism -
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.
Notes. 1. In this Code, the financing of terrorism is understood as the provision or collection of funds or the provision of financial services with the understanding that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5 , 206, 208, 211, 220, 221, 277, 278, 279 and 360 of this Code, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or for providing for an organized group, illegal armed formation, criminal community (criminal organization) created or being created to commit at least one of these crimes.
1.1. In this article, aiding is understood as deliberate assistance in the commission of a crime by advice, instructions, provision of information, means or instruments for committing a crime, or removing obstacles to its commission, as well as a promise to hide the criminal, means or instruments for committing a crime, traces of a crime or objects obtained by criminal means, as well as a promise to purchase or sell such items.
2. A person who has committed a crime under this article is exempt from criminal liability if he, by timely reporting to the authorities or otherwise, contributed to the prevention or suppression of a crime that he financed and (or) the commission of which he contributed to, and unless his actions contain otherwise corpus delicti.
Commentary to Art. 205.1 of the Criminal Code
1. The objective side is characterized by alternatively provided actions: a) inclination; b) recruitment; c) other involvement of a person in the commission of at least one of the crimes specified in the disposition. These actions are aimed at arousing in the person a desire to participate in the commission of one or more of these crimes; d) armament or preparation for the purpose of committing at least one of these crimes. Arms means the paid and gratuitous provision of weapons of any type, ammunition, explosives, explosive devices, as well as components for all these types of weapons; e) financing of terrorism (clause 1 of the notes to the article).
2. Inducement, recruitment or other involvement are recognized as a completed crime from the moment of commission of one of the crimes specified in the article, at least at the preparation stage; weapons, training and financing - from the moment the relevant actions are taken.
3. When committing crimes of a terrorist nature, the person’s actions are qualified in conjunction with Art. 205.1 CC.
4. The subjective side is also characterized by the purpose of committing crimes of a terrorist nature.
5. Qualified offense (Part 2) is characterized by the commission of a crime by a person using his official position.
6. Part 3 contains an independent corpus delicti, the objective side of which is complicity in the commission of a crime under Art. 205, part 3 art. 206 or part 1 of Art. 208 of the Criminal Code. The concept of complicity is disclosed in paragraph 1.1 of the notes to the article and, with a number of differences, reproduces Part 5 of Art. 33 CC; assistance in committing a terrorist act, therefore, is not qualified under Part 5 of Art. 33, art. 205 of the Criminal Code, and according to this norm.
7. Part 4 contains the third independent corpus delicti, the objective side of which is organizational activity (Part 3 of Article 33 of the Criminal Code) in connection with the commission of the crimes specified in this part or the financing of terrorism. Unlike the actions provided for in Part 1 of the article, qualification in combination with the crimes specified in Part 4 is not required.
8. Paragraph 2 of the notes to the article formulates the conditions for voluntary refusal to commit this crime.
conclusions
What conclusions can be drawn? The point is that committing terrorist acts in any case will result in imprisonment. Only depending on the situation, the length of stay changes.
Practice shows that terrorists are placed in maximum security colonies. And in fact, violators face life imprisonment, and not for a certain period of time. Only citizens who have come to their senses, who have come to the relevant authorities with a confession and helped in preventing the crime (or actively cooperated), can hope for temporary deprivation. There are no exceptions to the rules.
Although, there is one thing. If a criminal is declared insane, inadequate (in other words, psychotic), he will be placed in a psychiatric clinic for life. This rarely happens, but a similar situation does occur.
Second commentary to Art. 205.1 of the Criminal Code of the Russian Federation
1. The concept of terrorist activity is given in the Federal Law of March 6, 2006 No. 35-FZ “On Countering Terrorism”.
2. The objective side (part 1 and part 1.1) consists of the following alternative actions:
1) inducement, recruitment or other involvement in the commission of at least one of the crimes provided for in Art. 205, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 CC;
2) arming or preparing a person to commit at least one of these crimes;
3) financing of terrorism.
Involvement of a person in the commission of crimes provided for by the listed articles of the Criminal Code means the commission of actions aimed at inciting his desire to participate in the commission of one or more of these crimes. Methods of committing an act can be promises, deception, threats, etc.
Inducement involves convincing another person of the need to perform some act, and recruitment means hiring, recruiting, attracting to some organization. Recruitment does not involve any mental influence on the person being recruited.
Inducing, recruiting or otherwise involving a person in committing at least one of the crimes listed in Part 1 and Part 1.1 of Art. 205.1, should be considered a completed crime from the moment the specified actions are committed, regardless of whether the person involved has committed a corresponding crime of a terrorist nature. At the same time, the person involved must perform at least preparatory actions for committing the crime in which he was involved. Otherwise, the act must be qualified as an attempt to involve in the commission of a crime of a terrorist nature (part 3 of article 30, part 1 (or part 1.1) of article 205.1).
Armament is associated with the supply of any type of weapons, ammunition, explosives or explosive devices and the provision of them to the perpetrator in order to commit at least one of these crimes.
Preparation - training in the necessary skills in handling weapons and explosives, conducting military operations, indoctrination of a person, his physical training, etc.
Funding activities can be of two types. The first type involves financing the commission of specific crimes, the second - financing an organized group, an illegal armed group, a criminal community (criminal organization) created or being created to commit at least one of these crimes.
Criminal liability between Part 1 and Part 1.1 of Art. 205.1 is differentiated depending on the type of crime in which the person is involved, inclined, etc.
3. The subjective side is characterized by direct intent. A mandatory feature when arming or training a person is the purpose of committing crimes of a terrorist nature.
4. The subject of the crime is a person who has reached the age of 16 years.
5. Use of official position when committing crimes under Art. 205.1, is expressed not only in the deliberate use by such persons of their official powers, but also in exerting influence, determined by the significance and authority of the position they occupy, on other persons in order to induce them to commit actions aimed at promoting terrorist activities (clause 17 of the Plenum resolution Supreme Court of the Russian Federation dated 02/09/2012 No. 1 “On some issues of judicial practice in criminal cases involving crimes of a terrorist nature”). The Plenum of the Supreme Court of the Russian Federation interprets the use of official position in a broad sense.
6. Responsibility for complicity under Part 3 of Art. 205.1 occurs provided that it took place in the commission of at least one of the crimes provided for in Art. 205, part 3 art. 206, part 1 art. 208 of the Criminal Code. This assistance is covered by Part 3 of Art. 205.1 and does not require additional qualifications under Art. 205, part 3 art. 206 or part 1 of Art. 208 of the Criminal Code.
7. The objective side (Part 4) is formed by the following alternative actions: organizing the commission of at least one of the crimes provided for in Art. 205, 205.3, part. 3 and 4 tbsp. 206, part 4 art. 211 CC; management of its implementation; organization of terrorist financing.
Organizing the commission or directing the commission of another crime of a terrorist nature, including organizing other types of assistance to terrorist activities, is qualified under the relevant article of the Special Part of the Criminal Code with reference to Part 3 of Art. 33 of the Criminal Code, except for cases when such actions were carried out by a member of an organized group.
8. A person is exempt from criminal liability if two conditions are met, listed in Note 2 to Art. 205.1.
Part 1
We figured out what we will be dealing with. Now what? Next, it is necessary to find out in what cases and what punishments will be imposed on violators. Article 205 of the Criminal Code of the Russian Federation is divided into several parts. Each of them prescribes certain penalties, depending on the situation.
An ordinary terrorist act, carried out, as a rule, by one person (or the threat of its implementation) is punished seriously. Not the same as in other cases, but nevertheless the punishment frightens ordinary citizens.
Why? We are talking about deprivation of liberty. It is this measure that many citizens associate with criminal liability. Article 205, Part 1 of the Criminal Code of the Russian Federation provides for imprisonment for a terrorist. For how long? It all depends on the situation, but it is certain that it will be no less than 8 and no more than 15 years. Quite a serious punishment for pursuing illegal and dangerous policies for one’s own benefit.
Third commentary to Article 205.1 of the Criminal Code of the Russian Federation
The peculiarity of this crime is that the legislator, establishing responsibility essentially for instigating and complicit actions, takes into account the exceptionally high degree of public danger of terrorist activity.
1. The object of the crime is the same as in Art. 205 of the Criminal Code. The objective side of the crime is expressed in the alternative presence of at least one of the signs of acts specified in the disposition of the article: inducement, recruitment or other involvement of a person in the commission of at least one of the crimes provided for in Articles 205, 206, 208, 211, 277, 278, 279 and 360 CC; arming or preparing a person for the purpose of committing at least one of these crimes, as well as financing terrorism. Inducing a person to commit these crimes means the activity of an instigator in forming in another person an intent to commit these crimes through persuasion, bribery, threats or other means (see commentary to Part 4 of Article 33 of the Criminal Code of the Russian Federation). As the Plenum of the Supreme Court of the Russian Federation explained, such actions can be carried out by posting materials on various media and disseminated through information and telecommunication networks. Recruiting a person is a process of targeted, most often psychological, influence on him in order to achieve consent to criminal cooperation, essentially a transaction, which may be based not only on financial interests, but also on others (nationalist, religious, political, etc.) . If inducement, as a rule, is a local unidirectional act of influencing a person in order to induce him to commit a crime, fixed by place, time and even method of implementation, then recruitment crowns a two-way process of criminal cooperation, as a rule, not one-time, but multi-episode and long-term by time. Other involvement of a person in the commission of crimes of a terrorist nature is the implementation of acts that go beyond the scope of inducement or recruitment, but aimed at the implementation of terrorist plans. Involvement means the formation of criminal interest through negative educational influence, glorification of terrorism as a phenomenon, the use of blackmail, deception, abuse of trust, etc.
Arming or preparing a person for the purpose of committing these crimes of a terrorist nature essentially means complicity, i.e. facilitating the implementation of a crime. We are talking about supplying terrorists with weapons, ammunition, explosives, etc. The disposition of the article refers to weapons as physical complicity, i.e. provision of weapons on a paid or gratuitous basis (the concept of weapons is explained in the Federal Law of December 13, 1996 “On Weapons”). The preparation of a person can be expressed in such complicit acts as removing obstacles, developing a plan for carrying out a terrorist act, providing the necessary information about future victims (character, habits, methods and times of movement, places of residence, etc.). The article also refers to the financing of terrorism as a method of complicity, the concept of which is explained in Note 1 to this article. Terrorist financing is the provision or collection of funds or the provision of financial services (for example, systematic deductions or a one-time contribution to the general treasury, rental of real estate, etc.), with the understanding that they are intended to finance the preparation or commission of at least one crime, provided for in Art. Art. 205, 205.1, 205.2, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code, or to support an organized group, illegal armed group, criminal community (criminal organization) created or being created to commit crimes of a terrorist nature (see commentary to the named articles). Including the concept of complicity in the content of the note seems unnecessary, since it duplicates the concept of complicity enshrined in Art. 33 of the Criminal Code of the Russian Federation. The crime is considered completed from the moment of commission of at least one of these acts.
2. The subjective side of this crime is characterized by guilt in the form of direct intent. The goal is the desire to commit, using the specified methods and means, any of the crimes specified in the list. Motives reveal those motives that are associated with the characteristics of each of these crimes. The subject is any sane person who has reached the age of 16. This crime (Part 2) is considered a qualified crime if it is committed by a person using his official position. This aggravating circumstance is based on the use of a wide variety of features, functions and advantages that are determined by official position (power and other powers, possession of information, the presence of a wide range of connections and acquaintances, access to weapons, etc.).
The article has an incentive norm (Note 2), which provides a special basis for exemption from criminal liability if the person who committed the crime, by timely reporting to the authorities or otherwise contributed to the prevention or suppression of the crime that he financed and (or) contributed to, and unless his actions contain another crime.
Active actions of a person may be associated with timely reporting to the authorities, cancellation of an act of incitement, recruitment or other involvement of a person in terrorist activities by dissuading, blocking the development of a crime and otherwise preventing grave consequences; disrupting the process of arming criminals or preparing to commit these crimes. ‹ Article 205. Terrorist actUp Article 205.2. Public calls for terrorist activities, public justification of terrorism or propaganda of terrorism ›
Liberation
But in some cases punishment can be avoided. You will have to act at your own peril and risk. The thing is that Article 205 of this Code of the Russian Federation exempts from criminal liability everyone who comes to their senses and confesses in time, and also helps in preventing a crime.
An option for active cooperation is possible. Even if it is not possible to completely prevent the disaster, the potential criminal may be exempt from liability for terrorism. The main thing is that he does not participate in it after that. If the relevant authorities decide to impose punishment for assistance in organizing a terrorist act, then confession will serve as a mitigating circumstance. Most likely, such a citizen will be assigned a short stay in prison followed by a suspended sentence.
