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.
- Article 204.2. Minor commercial bribery
- Article 205.1. Promotion of terrorist activities
Commentary to Art. 205 of the Criminal Code of the Russian Federation
The main object of a terrorist act is public safety and the normal functioning of government bodies. A characteristic feature of a terrorist act is the desire of the subject to sow fear among the population and paralyze the activities of state and public structures. The impact of a terrorist act is intended to affect an indefinitely large circle of people or specific authorities, and in some cases, specific officials.
In the Law of the Russian Federation of March 5, 1992 “On Security,” the concept of public security is defined as the state of protection of the vital interests of society, i.e. a set of needs, the satisfaction of which reliably ensures the existence and possibility of progressive development of society. The main objects of security include: the individual - his rights and freedoms; society - its material and spiritual values; the state - its constitutional system, sovereignty and territorial integrity.
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Gazette of the SND and the Armed Forces of the Russian Federation. 1992. N 15. Art. 769.
An act of terrorism is one of the so-called conventional crimes. For example, terrorism is regarded as a crime by the Council of Europe Convention on the Prevention of Terrorism (concluded in Warsaw on May 16, 2005), the Shanghai Convention against Terrorism, Separatism and Extremism (concluded in Shanghai on June 15, 2001) and other international legal acts.
The optional object of the crime should be relations to protect human health and life, property relations.
The objective side of a terrorist act includes the following alternative actions: 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; 2) a threat to commit the specified actions.
An explosion is the ignition of something accompanied by a strong sound due to the instantaneous chemical decomposition of a substance and the formation of highly heated gases.
Arson is the intentional setting of something on fire.
Other actions mean, for example, causing an industrial accident, a train crash, poisoning sources of drinking water supply, the use of chemical, biological, bacteriological weapons against personally unidentified groups of citizens and other similar actions.
To determine the composition of a terrorist act, it is very important to establish the signs that characterize the actions that form the objective side of the crime. These characteristics include, first of all, the fact that these actions frighten the population. This sign means that a terrorist attack causes the population a feeling of anxiety for their health and their lives, the lives of loved ones, for the safety of property, for the ability to lead a normal, established, well-functioning lifestyle. Intimidation of the population is an objective characteristic inherent in a terrorist act, since it manifests itself in an attack on the main objects that make up the state of security.
Further. A terrorist act creates the danger of death, causing significant property damage, or causing other grave consequences.
The specified danger must be real, which is determined in each specific case based on the circumstances of the place, time, method of committing the crime and other circumstances of the case, for example, data on the number of people who were in the area of the explosion, the explosion in conditions of increased danger (for example, in the metro tunnel), etc.
The danger of human death means that there is a threat to the life of at least one person.
The significance of property damage also refers to concepts that must be assessed taking into account the specific conditions of the damage. In particular, when establishing the significance of the damage, one should take into account its nature, size, significance of the loss for a particular region and the consequences that the damage could cause (for example, paralysis of transport activities, shutdown of heating systems in winter as a result of failure of the power supply system).
Other serious consequences include disruption of the normal activities of institutions and organizations, destabilization of the situation, threat of harm to people’s health, etc. Like the factors listed above, other grave consequences are an evaluative concept, determined taking into account all the circumstances of the case.
The corpus delicti is formal. When an act of terrorism is committed in the form of an explosion, arson, or other actions, the crime is completed from the moment of their commission. However, the crime will only occur if the above actions created a real threat of socially dangerous consequences specified in the law. Therefore, for example, carrying out an explosion in a deserted area, when there was no danger of death, etc. cannot be regarded as a terrorist act.
An act of terrorism in the form of a threat to commit these actions is also a formal crime. In this case, the act will be completed from the moment the content of the threat is communicated to other persons. The method of expressing a threat can be different: a letter, a message by phone, on the Internet, a personal threat, etc. However, as before, the corpus delicti in the form of a threat will only exist when the perpetrator had the opportunity to actually carry it out. Otherwise, if there are grounds for this, we may not be talking about a terrorist act, but about a deliberately false report about an act of terrorism.
The subjective side of the crime is characterized by direct intent and a special purpose. The perpetrator realizes that he is committing an explosion, arson, etc., and wants to commit these actions. The purpose of a terrorist act is to influence decision-making by authorities or international organizations, i.e. the intention of the perpetrator to force them to commit illegal or disadvantageous actions or to make a decision beneficial to the terrorist.
In accordance with Art. 3 of the Constitution of the Russian Federation, government bodies should include state authorities and local government bodies of any level.
International organizations should include both governmental and non-governmental organizations, since the law does not establish restrictions in this aspect.
The absence of a special purpose excludes the presence of a crime under Art. 205 of the Criminal Code of the Russian Federation. So, for example, setting a car on fire out of revenge should be qualified under Part 2 of Art. 167 of the Criminal Code of the Russian Federation. If the intended purpose of the act is to cause damage to the economic system of the Russian Federation, the crime should be qualified not as a terrorist act (Article 205 of the Criminal Code of the Russian Federation), but as sabotage (Article 281 of the Criminal Code of the Russian Federation).
The subject of the crime is a sane person who has reached the age of fourteen years.
Responsibility for qualified types of terrorist acts is provided for in Part 2 of Art. 205 of the Criminal Code of the Russian Federation, the qualifying criteria are as follows.
Clause “a”, Part 2, Art. 205 of the Criminal Code of the Russian Federation - the commission of a terrorist act by a group of persons by prior conspiracy or by an organized group. A terrorist act is recognized as committed by a group of persons by prior conspiracy if it was attended by two or more persons who have the characteristics of a subject of a crime, who agreed in advance (before the explosion, arson or other actions or the threat of committing such actions) to jointly commit a crime. Each of the participants fully or partially fulfills the objective side of the crime, i.e. they are co-executors. They do not form a group of persons, for example, an accomplice and a performer.
The commission of a terrorist act by an organized group is recognized in cases where it involved a stable group of people who had united in advance to commit one or more crimes (Part 3 of Article 35 of the Criminal Code of the Russian Federation).
Unlike a group of people who have agreed in advance to jointly commit a crime, an organized group is characterized, in particular, by stability, the presence in its composition of an organizer (leader) and a pre-developed plan for joint criminal activity, the distribution of functions between group members in preparing to commit a crime and carrying out criminal intent.
The stability of an organized group can be evidenced not only by the long period of its existence, the repeated commission of crimes by members of the group, but also by their technical equipment, the duration of preparation of even one crime, as well as other circumstances (for example, special training of members of an organized group).
When crimes are recognized as committed by an organized group, the actions of all accomplices, regardless of their role in the crime, are subject to qualification as co-perpetrators without reference to Art. 33 of the Criminal Code of the Russian Federation.
If a person incited another person or group of persons to create an organized group to commit a specific crime, but did not directly participate in the selection of its participants, planning and preparation for committing crimes (crimes) or in their implementation, his actions should be qualified as complicity in the commission of an organized crime. group of crimes with reference to Part 4 of Art. 33 of the Criminal Code of the Russian Federation.
Clause “b” of Part 2 of Art. 205 of the Criminal Code of the Russian Federation establishes liability for a terrorist act resulting in the death of a person through negligence. The subjective side of this qualified crime is characterized by two forms of guilt. The composition is material and will be completed only upon the death of a person.
To the qualified crime provided for in paragraph “c” of Part 2 of Art. 205 of the Criminal Code of the Russian Federation also includes the commission of a terrorist act, as a result of which significant property damage was caused or other grave consequences occurred. This composition also belongs to the category of material compositions. The concept of significant property damage is estimated. The presence of this sign is established in each specific case based on the amount of damage, its volume, significance, etc.
Other serious consequences, as noted above, are, for example, harm to the health of many people, mass diseases of people with infectious diseases, etc. Unlike Part 1 of Art. 205 of the Criminal Code of the Russian Federation, the crime is completed only when the specified consequences occur.
When deciding on the qualification of a terrorist act that entailed the infliction of significant property damage or the onset of other grave consequences, one should pay attention to the fact that in the new wording of paragraph “c” of Part 2 of Art. 205 of the Criminal Code of the Russian Federation does not indicate the mental attitude of the perpetrator to the consequences. This means that such an attitude can be expressed both in negligence and in intent. Therefore, it should be concluded that, according to the current law, when committing a terrorist act and causing significant property damage or the occurrence of other grave consequences, regardless of the mental attitude of the perpetrator to them, additional qualifications are required under the articles of the Special Part of the Criminal Code of the Russian Federation, establishing responsibility for the commission of relevant crimes, for example for intentional destruction or damage to property (Article 167 of the Criminal Code of the Russian Federation) is not required.
Under nuclear energy facilities in accordance with Art. 3 of the Federal Law of November 21, 1995 “On the Use of Atomic Energy” refers to facilities that operate atomic (nuclear) energy in a normal mode, for example, nuclear icebreakers, power plants, spacecraft, as well as facilities for storing, producing, processing radioactive materials (nuclear storage facilities). weapons, scientific and production associations, for example "Mayak"). Encroachment on nuclear energy facilities means committing actions aimed at their destruction or disabling, regardless of whether this goal is achieved or not.
Committing a terrorist act using nuclear materials may mean exploiting the damaging factors of a nuclear explosion when using portable low-power nuclear weapons. It is also possible to use a so-called dirty bomb, which could lead to radioactive contamination of the area.
When using radioactive substances (for example, polonium, promethium, radium), it is possible to cause death or harm to the health of one or many people, or radioactive contamination of the area.
Illegal acquisition or theft of nuclear materials or radioactive substances preceding the commission of a terrorist act is subject to qualification in conjunction with Art. Art. 220, 221 of the Criminal Code of the Russian Federation.
Clause “b” of Part 3 of Art. 205 of the Criminal Code of the Russian Federation establishes liability for committing a terrorist act that resulted in the intentional death of a person.
This new version of the law actually means that committing a murder during a terrorist act does not now require, as before, additional qualifications under Art. 105 of the Criminal Code of the Russian Federation and does not form a set of crimes. According to the current version of Art. 205 of the Criminal Code of the Russian Federation, intentionally causing the death of a person (and this is an element of murder) is covered by the commented part of this article. With this approach, two intentional acts provided for by independent norms of the Criminal Code of the Russian Federation are combined into one. From our point of view, such a solution to the issue seems debatable from the standpoint of the doctrine of the elements of the crime, but, in addition, this approach of the legislator, it seems, will not contribute to strengthening the counteraction to crimes of a terrorist nature, if only because now the death penalty is punishable (although it and does not apply) is not included in the disposition of Part 3 of Art. 205 of the Criminal Code of the Russian Federation. In this regard, it is necessary to note the presence of a certain paradoxical situation when the sanction of the article of the Special Part of the Criminal Code of the Russian Federation for murder under aggravating circumstances provides for punishment in the form of the death penalty, and for the same murder that took place during the commission of a terrorist act, plus for the terrorist act itself such punishment not provided.
Article 205 of the Criminal Code of the Russian Federation contains a note providing for the possibility of releasing from criminal liability a person who participated in the preparation of a terrorist act if he, by timely warning the authorities or in another way, contributed to the prevention of an act of terrorism and if the actions of this person do not contain another crime.
This is an incentive norm aimed at preventing and preventing terrorist acts.
The first condition for exemption from criminal liability is timely reporting of an impending terrorist act. This condition means that the report must be made in advance so that the authorities have time to take appropriate measures to prevent the crime. The next condition is to warn the addressee specified in the law, i.e. in warning the authorities. Formally, the law does not limit the types of authorities that should be warned about an impending crime. Therefore, contacting any authorities should be considered fulfillment of this condition. The latter must either take appropriate measures themselves, or, in the absence of such an opportunity, report the crime to those authorities that can take such measures. At the same time, when deciding on exemption from criminal liability, the specific circumstances of the warning should be taken into account. Thus, if the culprit sends a warning about an impending crime to the village council, knowing that this will not lead to the prevention of the crime, since the council itself does not have the ability to prevent the crime, and it is not able to transfer information to the competent authorities, since there is no communication, such a warning cannot be considered timely.
The form and method of warning have no legal significance. It can be done in writing or orally, by telephone, using third parties, etc. But in this aspect, the important fact is that the perpetrator must be confident in the delivery of the message to the addressee.
And finally, the last condition established by the norm in question is the prevention of an act of terrorism. This condition means that the warning, information provided by the person participating in the preparation of the terrorist act, turned out to be useful and made it possible to prevent the commission of the specified act. Thus, preventing a terrorist act should be understood not as a process, but as a positive result of a person’s actions. Otherwise, if, despite the efforts of the person, an act of terrorism was committed, we could only talk about mitigating the punishment. Exemption from criminal liability is possible if the second condition is simultaneously present - the person’s actions must not contain any other corpus delicti.
Other assistance in preventing an act of terrorism can be expressed in other actions or inaction of a person: failure to deliver an explosive device to the designated place, transferring information to participants in a terrorist act about its cancellation, disarmament of participants in a terrorist act, etc.
Attention should be paid to the fact that the provisions of the note to Art. 205 of the Criminal Code of the Russian Federation can be implemented in cases where a terrorist act is being prepared by several persons and one of them decides to refuse to participate in the commission of the crime. If a terrorist act was prepared by one person, release from criminal liability upon renunciation of the crime can be carried out on the basis of Art. 31 of the Criminal Code of the Russian Federation.
Terrorist act
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 same purposes -
punishable 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.
Judicial practice under Article 205 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated May 17, 2018 N 203-APU18-6,
sentenced to imprisonment under Part 2 of Art. 205.5 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 302-FZ of November 2, 2013) for a period of 8 years with a fine of 200,000 rubles; according to Part 1 of Art. , clause “a”, part 2, art. 205 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 377-FZ of December 27, 2009) for a period of 9 years with restriction of freedom for a period of 1 year 6 months; according to Part 3 of Art. 223.1 of the Criminal Code of the Russian Federation for a period of 9 years with a fine of 400,000 rubles; according to Part 3 of Art. 222.1 of the Criminal Code of the Russian Federation for a period of 7 years with a fine of 300,000 rubles; according to Part 4 of Art. 150 of the Criminal Code of the Russian Federation for a period of 6 years with restriction of freedom for a period of 1 year.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated June 28, 2018 N 201-APU18-22
According to the verdict, the convicted Nazarov was found guilty of involving a person in the commission of crimes under Art. Art. 205, 205.5 and 208 of the Criminal Code of the Russian Federation, as well as attempted illegal sale of narcotic drugs on a large scale. The crimes were committed on the territory of St. Petersburg in the period from February 22 to October 19, 2017 under the circumstances detailed in the verdict.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated July 19, 2018 N 201-APU18-28
sentenced to imprisonment under Part 2 of Art. 205.5 of the Criminal Code of the Russian Federation for a period of 12 years, under Part 3 of Art. 222.1 of the Criminal Code of the Russian Federation for a period of 7 years using Art. Criminal Code of the Russian Federation without a fine; according to Part 1 of Art. , clause “a”, part 2, art. 205 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 375-FZ of July 6, 2016) for a period of 6 years.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated July 24, 2018 N 201-APU18-27
sentenced to imprisonment: under Part 3 of Art. , clause “a”, part 2, art. 205 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 375-FZ of July 6, 2016) for a period of 9 years; according to Part 2 of Art. 205.5 of the Criminal Code of the Russian Federation for a period of 11 years; according to Art. 205.3 of the Criminal Code of the Russian Federation for a period of 15 years; according to Part 2 of Art. 205.4 of the Criminal Code of the Russian Federation for a period of 6 years; according to Part 3 of Art. 223.1 of the Criminal Code of the Russian Federation for a period of 7 years using Art. Criminal Code of the Russian Federation without a fine; according to Part 3 of Art. 222.1 of the Criminal Code of the Russian Federation for a period of 6 years using Art. Criminal Code of the Russian Federation without a fine.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated August 14, 2018 N 201-APU18-31
sentenced to imprisonment under Part 1 of Art. and part 1 art. 205 of the Criminal Code of the Russian Federation (as amended by Federal Laws dated 05/05/2014 N 130-FZ and dated 07/06/2016 N 375-FZ) for a period of 4 years, under Part 1 of Art. 222.1 of the Criminal Code of the Russian Federation for a period of 1 year using Art. of the Criminal Code of the Russian Federation without a fine, under Part 1 of Art. and part 1 art. 223.1 of the Criminal Code of the Russian Federation for a period of 1 year 6 months using Art. of the Criminal Code of the Russian Federation without a fine, but according to the totality of crimes committed in accordance with Part 2 of Art. of the Criminal Code of the Russian Federation by partial addition of the imposed penalties - to imprisonment for a term of 5 years in a high-security correctional colony.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated August 15, 2018 N 205-APU18-19
the results of operational-search activities, according to which M., who is wanted for committing crimes, including those provided for in Part 3 of Art. 205, part 2 art. 209 of the Criminal Code of the Russian Federation, is hiding in the territory of the Turkish Republic and maintains contact with T.; the testimony of witness K, announced at the court hearing, about his participation together with him in the period from July to August 2014 in hostilities as part of an illegal armed formation that is part of the terrorist organization “Islamic State” on the territory of Syria against the government forces of a resident of the Volgograd region T. (Muslim name - Abdul Jabar);
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated August 28, 2017 N 205-APU18-21
sentenced to imprisonment for committing crimes under: Part 1 of Art. and clause “a”, part 2, art. 205 of the Criminal Code of the Russian Federation, for a period of 8 (eight) years with restriction of freedom for a period of 1 (one) year; Part 2 Art. 222 of the Criminal Code of the Russian Federation, for a period of 3 (three) years; Part 2 Art. 222.1 of the Criminal Code of the Russian Federation, for a period of 4 (four) years with a fine in the amount of 100,000 (one hundred thousand) rubles; Part 2 Art. 223.1 of the Criminal Code of the Russian Federation, for a period of 6 (six) years with a fine in the amount of 200,000 (two hundred thousand) rubles and on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation for the totality of crimes committed by partial addition of the sentences imposed to 12 (twelve) years of imprisonment in a strict regime correctional colony with restriction of freedom for a period of 1 (one) year with the establishment of restrictions and the imposition of duties specified in the sentence, and with a fine of 210,000 (two hundred ten thousand) rubles.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated 09/06/2018 N 201-APU18-36
Exceptional circumstances allowing Khamidov to be sentenced to imprisonment below the lower limit provided for by the sanction of Part 1 of Art. 205 of the Criminal Code of the Russian Federation (as amended by Federal Law of December 7, 2011 N 420-FZ), not available. In order to eliminate the violation of the criminal law, the appeal proposal proposes to increase Khamidov’s punishment in the form of imprisonment for each of the crimes he committed, provided for in Part 1 of Art. 205.2 of the Criminal Code of the Russian Federation (as amended by Federal Law of December 7, 2011 N 420-FZ), for a period of up to 2 years, and for a totality of crimes by partial addition of punishments in accordance with Part 2 of Art. Criminal Code of the Russian Federation - up to 3 years in prison.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 4, 2018 N 5-APU18-38
The Shumilinsky District Department of the Investigative Committee of the Republic of Belarus is investigating a criminal case against Andreev, accused of committing three thefts of other people's property by a group of persons, with penetration into a home, that is, of committing a crime under Part 2 of Art. 205 of the Criminal Code of the Republic of Belarus.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated September 25, 2018 N 203-APU18-18
sentenced to imprisonment for committing crimes under: Part 1 of Art. , part 1 art. 205 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 375-FZ of July 6, 2016) for a period of 5 years; Part 1 Art. 223.1 of the Criminal Code of the Russian Federation for a period of 3 years with a fine of 100,000 rubles; Part 1 Art. 222.1 of the Criminal Code of the Russian Federation for a period of 2 years with a fine of 20,000 rubles; Part 1 Art. , part 2 art. 205.5 of the Criminal Code of the Russian Federation for a period of 5 years without a fine, and for a totality of crimes by partial addition of punishments in accordance with Part 3 of Art. of the Criminal Code of the Russian Federation - for a term of 11 years in a maximum security correctional colony with a fine of 110,000 rubles.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 25, 2018 N 23-APU18-6
Krymshamkhalov Yusuf Ibragimovich, ... unconvicted, convicted on January 12, 2004 by the Moscow City Court, taking into account the changes made by the cassation ruling of the Supreme Court of the Russian Federation dated July 8, 2004, under Part 2 of Art. 208; Part 3 Art. 222; Part 3 Art. 223; Part 3 Art. 205; pp. “a”, “c”, “d”, “f”, “g” part 2 art. 105; Part 3 Art. , paragraphs “a”, “c”, “d”, “f”, “g” part 2 of Art. 105; Part 1 Art. , part 3 art. 205; Part 2 Art. 322 of the Criminal Code of the Russian Federation, on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation for a combination of crimes, ultimately to life imprisonment with serving the sentence in a special regime correctional colony,
