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Assigning punishment for an unfinished crime - free answers from lawyers online
Concept of unfinished crime
Part one of Article 29 of the Criminal Code of the Russian Federation defines what an unfinished crime means. An unfinished crime has all the signs that make up a crime, just like a completed one, the only difference is that there is no intended result.
The Criminal Code of the Russian Federation states that a crime will be considered unfinished if the actions that the criminal planned were not completed, or the crime plan was thwarted for reasons beyond his control. To recognize that the crime is unfinished, one of the reasons is sufficient. An unfinished crime represents illegal actions that stopped before dangerous consequences for a person or society and the state appeared. Only an intentional crime can be unfinished.
A crime committed through negligence can never be completed.
Concept, features of qualification
An unfinished crime is an unlawful act aimed at violating one of the norms of the Criminal Code, but which did not have any socially dangerous consequences, either in relation to public values or in relation to the interests of a particular individual.
A distinctive feature of the qualification of such an unfinished illegal act is the need for a thorough study of the circumstances of the incident. As statistics show, quite often criminals pretend that they were unable to complete the act, thus trying to hide the real action, which has negative consequences.
Important! It is worth remembering that such an event is carried out only with direct intent, because only in this case does a person have the desire to prepare and take actions that have negative consequences.
Circumstances due to which the crime was not completed
If the execution of criminal acts was stopped by the person who conceived and began to commit the crime, we can say that the criminal voluntarily abandoned the crime.
If the crime was not completed for reasons beyond his control, then we can talk about an attempted crime. Thus, Art. 29.1 of the Criminal Code of the Russian Federation defines two types of unfinished crime: preparation and attempt.
Due to the fact that both preparation to commit a crime and attempted crime indicate that the criminal intended to commit it, each of these actions constitutes a crime and has grounds for criminal prosecution.
When assigning punishment for an unfinished crime, the court in each individual case takes into account both the stage at which the crime was stopped and the circumstances preceding it. In addition, the nature of the danger and harm caused by the crime being prepared is taken into account. Thus, the circumstances why the criminal did not complete the planned crime can be completely different:
- receiving false information;
- error in calculations;
- doctors saved the life of a man who was about to be killed by a criminal;
- factors beyond the will of the criminal that prevented him from committing a crime;
- and many others.
Cooking elements
The process of preparing for a crime can be divided into several types that can take place during the implementation of this stage of a socially dangerous act.
- Search for the necessary means - actions aimed at obtaining an instrument or means of committing a crime. At the same time, the legislator is not interested in the method of acquiring funds (legal or illegal).
- The production or modification of means is manifested in those actions when a person significantly changes the quality of objects for the further commission of a crime or creates new means in a legal or illegal way.
- Conspiracy to commit a crime occurs when a person gives his consent to such an act. The role of the accomplice is completely unimportant, because everyone who carried out the preparation will bear the same criminal liability.
Duration and amount of punishment for preparation for a crime
The Criminal Code of the Russian Federation provides for bringing to criminal liability persons who have not completed their criminal plan, also for a crime being prepared in complicity and by repeating an attempt to commit a failed attempt at a crime.
The assignment of punishment for an unfinished crime and the measures depend on the stage at which they were interrupted voluntarily or suppressed and on the reasons why the criminal acts were not brought to the intended end.
Thus, criminal liability is brought to bear at the preparatory stage of preparation for a crime only if it was planned to commit a crime that subsequently had grave or especially grave consequences.
The upper limit of the punishment provided for an illegal act being prepared is reduced more if it was stopped at the preparatory stage than if it was not completed at the stage of attempted crime.
Part two of 66 of the Criminal Code of the Russian Federation provides that the terms and amounts of criminal punishment, which has not been completed, for preparation for the commission should not exceed half of the maximum period provided for this crime if it is completed.
The Criminal Code of the Russian Federation also provides for complicity in a crime, both completed and in cases where the execution of the crime was interrupted at any stage.
Complicity in the preparation of a crime can be expressed by incitement to commit criminal acts, even if the incitement failed, that is, the person who was incited did not agree to the crime, then the actions of the instigator still relate to complicity if the ultimate goal was to bring the incitement to the consciousness of a certain person so that he commits illegal acts. In addition, complicity in a crime can be expressed in complicity (that is, providing all possible assistance in preparing and committing a crime, as well as covering up traces of a crime) and connivance, that is, complicity is expressed in the fact that, knowing about the impending crime, a person does not try stop it and prevent it.
An accomplice in the commission of a crime is held criminally liable on an equal basis with the participants, even if the crime did not take place.
Only for voluntary refusal to prepare for the commission of conceived criminal plans and assault, if this is expressed in a vivid form, that is:
- the accomplice will take all measures to ensure that the crime is not committed;
- will inform law enforcement agencies about the impending crime and help solve the crime; a person who is an accomplice to the crime will not be prosecuted.
When assigning punishment for illegal acts that were committed by a group of people with the complicity of each with their own role in the crime, the degree of participation of the accomplice in the committed or impending crime is taken into account. Accomplices are also held accountable individually, taking into account the harm caused and mitigating circumstances that may concern one specific person.
Judicial practice under Article 66 of the Criminal Code of the Russian Federation
Resolution of the Supreme Court of the Russian Federation dated 09/05/2017 N 45-UD17-19
The punishment was imposed on the convicted person in accordance with the requirements of Art. Art. , , part 2 art. of the Criminal Code of the Russian Federation, taking into account the nature and degree of public danger of the crime committed, the specific circumstances of the case, data on the identity of the perpetrator. Issues related to the execution of a sentence in the presence of other unexecuted sentences, if this is not resolved in the latest sentence in accordance with Art. of the Criminal Code of the Russian Federation, are resolved by the court that passed the sentence in the manner prescribed by Art. 396, 397 Code of Criminal Procedure of the Russian Federation.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 27, 2017 N 169P17
When imposing punishment for an unfinished crime, the specified terms or amounts of punishment are calculated from the maximum term or amount of the most severe type of punishment that can be imposed taking into account the rules of Part 2, Part 3 of Art. Criminal Code of the Russian Federation. Therefore, taking into account the requirements of Part 1 of Art. The Criminal Code of the Russian Federation (as amended by the Federal Law of June 29, 2009 N 141-FZ), which, by virtue of Part 1 of Art. The Criminal Code of the Russian Federation was subject to application by the court of cassation, Chichkov under Part 3 of Art. , pp. “a”, “g”, “h” part 2 art. 105 of the Criminal Code of the Russian Federation, a sentence exceeding 10 years of imprisonment cannot be imposed.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 4, 2017 N 72-APU17-21
- part 3 art. - paragraphs “a”, “b”, part 4, art. 226 of the Criminal Code of the Russian Federation using Part 3 of Art. Criminal Code of the Russian Federation - 7 years in prison with a fine of 200,000 rubles; - paragraphs “a”, “b”, part 4, art. 226 of the Criminal Code of the Russian Federation - 9 years of imprisonment with a fine of 350,000 rubles;
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
In conclusion of the complaint, lawyer Krasnikov asks to change the sentence: to impose a sentence on the convicted person under Part 1 of Art. 205.1 of the Criminal Code of the Russian Federation, taking into account the amendments made by Federal Law of December 29, 2022 N 445-FZ; reclassify Nazarov's actions from Part 3 of Art. and paragraph “d”, part 4, art. 228.1 of the Criminal Code of the Russian Federation on Part 1 of Art. and paragraph “d”, part 4, art. 228.1 of the Criminal Code of the Russian Federation, imposing punishment using the provisions of Part 2 of Art. Criminal Code of the Russian Federation.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 08.08.2018 N 18-UD18-59
At the same time, determining the amount of punishment in the form of imprisonment for a period of 7 years 6 months for a crime under Part 3 of Art. and clause “b”, part 3, art. 228- of the Criminal Code of the Russian Federation (attempted illegal sale of a narcotic drug), the presidium of the regional court appointed it in the maximum amount provided for by the sanction of this article, taking into account the provisions of Part 3 of Art. and part 1 art. Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 11, 2018 N 48-APU18-12
Taking into account the presence of mitigating circumstances provided for in paragraph “i” of Part 1 of Art. of the Criminal Code of the Russian Federation, when sentencing Petrenko for a crime under Part 3 of Art. , part 5 art. 228.1 of the Criminal Code of the Russian Federation, the court correctly applied the provisions of Part 1 of Art. Criminal Code of the Russian Federation and Part 3 of Art. Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation dated August 28, 2018 N 205-APU18-20
Punishment for the convicted persons was imposed in accordance with the requirements of the law, taking into account the nature and degree of public danger of the crimes committed, information about their personalities, mitigating and other circumstances provided for in Part 3 of Art. of the Criminal Code of the Russian Federation, as well as taking into account the provisions of Part 1 of Art. and part 2 of Art. Criminal Code of the Russian Federation.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 09/04/2018 N 34-UD18-4
in the cassation appeal, the convicted Puzarin A.E. expresses disagreement with the court decisions and asks for a mitigation of his sentence. Indicates that the court, applying the provisions of Art. Art. and the Criminal Code of the Russian Federation when imposing punishment on him under Part 3 of Art. , clause “b”, part 3, art. 228.1 of the Criminal Code of the Russian Federation, assigned him the maximum possible punishment for this crime, without actually taking into account such established mitigating circumstances as the presence of a dependent minor child and his state of health, which does not meet the principle of justice. In addition, he believes that he was provoked by law enforcement officers to commit a crime with the participation of witness S., and therefore the evidence underlying the verdict does not meet the requirements of the law and is inadmissible. Believes that his actions are subject to qualification as one crime, since the psychotropic substance is identical, committed in a short period of time. Also indicates that contrary to the provisions of Art. 308 of the Code of Criminal Procedure of the Russian Federation, the operative part of the sentence does not contain an indication of the wording of the criminal law under which he was sentenced, which is a violation of his right to defense.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 12, 2018 N 46-UD18-40
Under the above circumstances, Asanov’s actions are subject to reclassification from Part 3 of Art. , clause “a”, part 3, art. 161 of the Criminal Code of the Russian Federation on Part 1 of Art. , clause “a”, part 3, art. 161 of the Criminal Code of the Russian Federation as preparation for robbery committed by an organized group. Accordingly, Asanov’s punishment for this crime is imposed taking into account the provisions of Part 2 of Art. Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 13, 2018 N 33-APU18-11
When assigning punishment to Sultanov and Lysenko, the court took into account the social danger of the crimes they committed, the role of each in the crime, positive data about their personality at the place of work and residence, property and marital status, the impact of punishment on their correction, the presence of dependent young children from Lysenko, recognized a circumstance mitigating liability is Lysenko’s health condition, as well as the requirements of Part 3, Part 4 of Art. Criminal Code of the Russian Federation for an unfinished crime.
Appeal verdict of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 13, 2018 N 127-APU18-8
In addition, when assigning punishments for unfinished crimes, the Judicial Panel takes into account the provisions of Art. Criminal Code of the Russian Federation and Part 1 of Art. Criminal Code of the Russian Federation. The final punishment is subject to the rules of Part 3 of Art. of the Criminal Code of the Russian Federation on the principle of partial addition, in connection with which, the substantiated arguments of the appeal about the mistake made by the court in imposing the final punishment according to the rules of Part 2 of Art. of the Criminal Code of the Russian Federation have no legal significance.
Duration and amount of punishment for attempted crime
People are held accountable for an attempted crime regardless of whether the criminal carried out his evil intentions or whether the crime remained unfinished.
The third part of the sixty-sixth article of the Criminal Code of the Russian Federation stipulates that the amount and terms of punishment, if there was an attempt to commit a crime, should not be more than ¾ of the maximum term or amount of punishment that the criminal would have suffered if he had completed the crime .
A life sentence is not provided for a crime that is not completed in any case.
general information
A wrongful act can be considered completed only if the criminal event has all the characteristic features.
In particular, all objective and subjective signs of the composition of actions must be present. But in some cases, criminals fail to reach the planned conclusion of their illegal actions; for example, an attempted murder may not end in the death of the victim, and the theft may be interrupted by the appearance of the police.
Of course, in this case, the offender cannot be held accountable, as provided for in cases where a socially dangerous action occurred and had negative consequences. Therefore, the Criminal Code provides for a separate article containing penalties for unfinished actions of a negative nature.
Unworthy assassination attempt
An unfinished crime and its types is a whole body of knowledge in the theory of criminal law. Today, scientists still highlight some facts that are truly innovative. An unsuitable form of assassination attempt was discovered quite recently. The bottom line is that the criminal deliberately incorrectly identifies the person (object) of his crime. In other words, an error occurs in which an attempt is made on the wrong person. In this case, there will still be liability, except in cases where the offender uses means that are unable to cause any harm.
Voluntary refusal to further commit a crime
Very often, even in scientific circles, they confuse an unfinished crime and a voluntary refusal to further commit it. With voluntary refusal, a person consciously rejects the possibility of committing a crime; she can complete her plan, but does not want to do it. The subject completely renounces any criminal activity, which significantly distinguishes voluntary renunciation from an unfinished crime, in which a person fulfills part of the objective side. The concept of completed and unfinished crime contains two characteristic features: intent and danger to social relations. In case of voluntary refusal, the person renounces the crime and his intent. If unfinished, she is detained or stopped in other ways that do not depend on her will.
