New edition of Art. 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.
Attention!
One of the priorities of all states of the world, including the Russian Federation, is the fight against terrorism.
Article 205 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) provides for liability for committing a terrorist act, that is, committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or causing other grave consequences, in order to destabilize activities of authorities or international organizations or influencing their decision-making, as well as the threat of committing these actions for the same purposes.
In accordance with the provisions of the current legislation, other actions that frighten the population and create a danger of death, causing significant property damage or other serious consequences are understood as actions comparable in consequences to an explosion or arson, for example, causing accidents at life support facilities; contamination of drinking water supplies and food products; armed attack on populated areas, shelling of residential buildings, schools, hospitals, administrative buildings, etc.
In turn, actions that, by their nature, can cause fear in people for their lives and health, the safety of loved ones, the safety of property, etc. can be recognized as actions that threaten the population.
Along with this, the legislator, in a note to the above article of the Criminal Code of the Russian Federation, established that 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 a terrorist act and if the actions of this person do not contain other corpus delicti.
For committing this type of crime, criminal liability is provided in the form of imprisonment for a term of fifteen to twenty years with restriction of freedom for a period of one to two years or life imprisonment.
In addition, Art. 207 of the Criminal Code of the Russian Federation provides for criminal liability for knowingly false reporting of an impending explosion, arson or other actions that create a danger of death, causing significant property damage or other socially dangerous consequences.
The sanction of this article provides for punishment in the form of a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of eighteen months to three years, or imprisonment for a term of up to five years.
Memo on responsibility for extremist and terrorist crimes
Memo on responsibility for extremist and terrorist crimes
For the commission of crimes of an extremist and terrorist nature, articles of the special part of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ provide for criminal liability. The responsibility of citizens arises mainly from the age of 14. The degree of criminal liability depends on the severity of the crime - a fine of one hundred thousand rubles to imprisonment (from six months to life imprisonment).
Committing a terrorist act - an explosion, arson, the spread of toxic substances, damage to transport communications, etc., aimed at intimidating and killing people, causing damage to property, radioactive, chemical or bacteriological contamination of the area, disabling life support systems, blocking transport communications and etc., as well as the threat of committing these actions (orally, in writing, using means of communication, both anonymously and with the indication of the author) are punishable by imprisonment for a term of 10 to 15 years (Article 205 of the Criminal Code of the Russian Federation).
Promoting (aiding) terrorist activities in the form of advice, instructions, recruitment, provision of information or instruments for committing a crime (arming a criminal), as well as a promise to hide a criminal, traces of a crime or items obtained by criminal means, or a promise to acquire such items, as well as financing of terrorism are punishable by imprisonment for a term of 5 to 10 years (Article 205.1 of the Criminal Code of the Russian Federation).
Public calls and statements to carry out terrorist activities, including using the media or the Internet, or public justification of terrorism with statements recognizing the ideology and practice of terrorism as correct, in need of support and imitation, is punishable by a fine of up to 500 thousand rubles, or imprisonment freedom for a period of 2 to 5 years (Article 205.2 of the Criminal Code of the Russian Federation).
Undertaking training (in a wide variety of forms) for the purpose of carrying out terrorist activities, acquiring knowledge, practical skills, physical and psychological training, studying the rules of handling weapons, explosive devices, toxic substances that pose a danger to people, is punishable by imprisonment for a term of 15 to 20 years or life imprisonment (Article 205.3, Criminal Code of the Russian Federation).
Organizing a terrorist community (terrorist group) and participating in it is punishable by imprisonment for a term of 15 to 20 years or life imprisonment (Article 205.4 of the Criminal Code of the Russian Federation).
Organizing the activities of a terrorist organization and participating in the activities of such an organization (conducting conversations for propaganda purposes, searching for sponsors, premises, members of the organization, convening meetings, distributing propaganda leaflets, organizing processions, using bank accounts, etc.) is punishable by imprisonment for a term of from 15 to 20 years with a fine of up to 1 million rubles or life imprisonment (Article 205.5 of the Criminal Code of the Russian Federation).
Failure to report to the authorities (silence) about a crime of a terrorist nature is punishable by a fine of up to one hundred thousand rubles, or forced labor for up to 1 year, or imprisonment for up to 1 year (Article 205.6 of the Criminal Code of the Russian Federation).
Capturing or holding a person as a hostage using direct physical or mental violence, deception, taking advantage of the helpless state of the victim, etc., committed for terrorist purposes is punishable by imprisonment for a term of 5 to 10 years (Article 206 of the Criminal Code of the Russian Federation).
Knowingly false reporting of an act of terrorism (an impending explosion, arson, other socially dangerous consequences) is punishable by a fine of up to 200 thousand rubles or imprisonment for up to 3 years (Article 207 of the Criminal Code of the Russian Federation).
Actions aimed at inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as membership in any social group, committed in public, including using the media or information and telecommunication networks, including the Internet, by a person after he has been brought to administrative responsibility for a similar act within one year, is punishable by a fine in the amount of 300 to 500 thousand rubles, or imprisonment for a term of 2 up to 5 years (Article 282 of the Criminal Code of the Russian Federation).
Organization of an extremist community, that is, an organized group of persons for the preparation or commission of a crime of an extremist nature, as well as the leadership of such an extremist community, its part or structural units included in such a community, as well as the creation of an association of organizers, leaders or other representatives of parts or structural units of such a community in order to develop plans and (or) conditions for committing extremist crimes is punishable by imprisonment for a term of 6 to 10 years (Article 282.1 of the Criminal Code of the Russian Federation).
Commentary on Article 205 of the Criminal Code of the Russian Federation
1. A terrorist act is a multi-objective crime. The main target of terrorism is public safety. An additional object is the life, health, property or other interests of individuals and legal entities.
2. The objective side of the crime consists of 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, or the threat of committing these actions.
2.1. Actions other than explosion and arson may consist of causing landslides, rockfalls, floods, accidents, disasters and crashes in transport, destruction of buildings, cultural and religious buildings, bacteriological, radioactive, chemical and other contamination of the area, water bodies, etc. ., which create a danger of death, causing significant property damage or other serious consequences.
3. The crime is completed (by the elements) provided that the specified actions have been committed or a threat of their commission has arisen and they have created a real danger of death, causing significant property damage, and the occurrence of other socially dangerous consequences.
3.1. The reality of the danger of the occurrence of these consequences is assessed on the basis of available materials about the time, place, situation, method of committing generally dangerous acts, expert assessments and the influence on the mechanism of a criminal attack and other, often random, circumstances (congestion of people, vehicles, animals, etc. ).
3.2. A risk of death means that at least one person was at risk.
3.3. The significance of property damage is determined on the basis of the value of the destroyed or damaged property, its quantity and significance for the victim, and the latter’s financial situation. It is not identical to the term “significant damage” used by the legislator when formulating the elements of property crimes.
3.4. Other grave consequences can be expressed in the deliberate infliction of harm to the health of citizens of varying degrees of severity, destabilization of the situation in a certain locality, stopping transport, etc.
4. Aggravating circumstances of a terrorist act (Part 2) are its commission: by a group of persons by prior conspiracy (see commentary to Article 35) or with the use of weapons (see commentary to Article 162).
4.1. The use of weapons in order to avoid arrest after the commission of a terrorist act does not constitute a qualified act of terrorism.
5. Particularly qualified elements of a terrorist act (Part 3) include the following aggravating circumstances: a) its commission by an organized group (see commentary to Article 35); b) the death of a person due to negligence (see commentary to Article 111); c) the onset of other grave consequences; d) 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 (see commentary to Articles 220 - 221 and 247 - 248) .
5.1. Other grave consequences may be expressed in: disorganization of state authorities and local self-government for a long period of time; disruption of events that have important political (elections to representative bodies, referendums) or socio-cultural (major international sporting events) significance; long-term paralysis of life support facilities in populated areas; the onset of an environmental disaster; mass disease of people (epidemic) or animals (epizootic); environmental poisoning requiring rescue and restoration work; causing large or especially large material damage to the victim; causing death by negligence to two or more persons.
6. Intentional causing of death to a person during a terrorist act is not covered by terrorism and entails classification as a set of crimes with the relevant points (depending on the circumstances of the case) of Part 2 of Art. 105.
7. The subject of the criminal offense is a sane person who has reached the age of 14.
8. The subjective side of the crime is characterized by intent. The crime provided for in Part 3 is characterized by two forms of guilt: intent - in relation to actions and negligence - in relation to the occurrence of consequences.
8.1. A mandatory feature of the subjective side of a terrorist act is the presence of a special goal - influencing decision-making by authorities or international organizations.
8.2. By authorities in the disposition of this norm we mean state authorities and local governments (see Article 3 of the Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism” <1>). ——————————— <1> NW RF. 2006. N 11. Art. 1146.
8.3. International organizations mean interstate and international public institutions that are protected by international law and the international community.
9. Note to Art. 205 provides for the release from the criminal code of a person who participated in the preparation of a terrorist act in the event of his positive post-criminal behavior, unless his actions contain another corpus delicti.
9.1. A warning from the authorities should be considered timely if it is made before the start of an explosion, arson or other actions that create a danger of the consequences specified in Part 1 of the comment. article so that the authorities have a real opportunity to prevent a terrorist act.
9.2. Another way to prevent a terrorist act may involve independent actions by a person to prevent an explosion, arson, or involve other citizens in localizing harmful consequences.
10. An act of terrorism is a particularly serious crime.
