Violation of the statutory rules of relations between military personnel is perhaps the most common crime after that provided for in Art. 337 of the Criminal Code of the Russian Federation Unauthorized abandonment of a unit.
The specificity of military crimes is that a special subject - a military serviceman - takes part in their commission; the crime is committed by him during military service, and with regards specifically to Art. 335 of the Criminal Code of the Russian Federation, the victim of this crime must also be a military serviceman of equal rank and position.
The disposition of Art. 335 of the Criminal Code of the Russian Federation implies a violation of the statutory rules of relations between military personnel in the absence of a relationship of subordination between them, associated with humiliation of honor and dignity or mockery of the victim or associated with violence. That is, an ordinary situation, assault, mockery, humiliation of a young fighter by an old-timer, forms precisely this composition. Part 1 art. 335 of the Criminal Code of the Russian Federation belongs to the category of crimes of minor gravity and provides for liability of up to three years in prison.
Qualified personnel provided for in Part 2 of Art. 335 of the Criminal Code of the Russian Federation contains such qualifying criteria as violation of the statutory rules of relationships in relation to two or more persons, by a group of persons, by a group of persons by prior conspiracy or by an organized group, with the use of weapons, causing moderate harm to health. Such composition may include hazing actions committed by a group of military personnel against another or other (several) military personnel. Such a crime already falls into the category of medium gravity and carries a maximum penalty of up to five years in prison.
And part 3 tbsp.
335 of the Criminal Code of the Russian Federation provides for even more severe liability of up to ten years in prison; it refers to serious crimes; a criminal offense is formed under it if hazing has resulted in grave consequences. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Protection under Art. 335 of the Criminal Code of the Russian Federation Violation of the statutory rules of relationships
There have always been and will be hazing relationships in the army; one cannot say that this is normal, but it is obvious that the conditions of military service, conscription age and the situation contribute to the emergence of hazing relationships. Suppressing such relationships by the state through criminal prosecution is not always adequate. Conscripts with a certain amount of service experience build their relationships with newcomers based on their experience, just as they were once treated. And this model of behavior is ineradicable. Protection under Art. 335 of the Criminal Code of the Russian Federation is based on the circumstances of the case studied by the defense. Hazing could have been provoked by the victim, which could affect the course of the criminal case; it is also especially important to pay attention to whether the accused is the subject of the crime, whether at the time of the incriminated act he could have been conscripted for military service due to health reasons, whether his period of military service has expired by this time. Also, it would not be amiss for the defense to insist on including materials that positively characterize the accused in the case file; this can also have a positive effect on the verdict.
Commentary to Art. 335 Criminal Code
1. The objective side of this composition is a violation of the statutory rules of relations between military personnel in the absence of subordination between them. The rules of relations between military personnel are regulated by the Charter of the Internal Service of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of November 10, 2007 N 1495.
Violation of the statutory rules of relations between military personnel must be associated with humiliation of honor and dignity, mockery of the victim, or involve violence.
Humiliation of honor and dignity is belittling the dignity of the victim, undermining his reputation, etc.
Mockery is an evil mockery, mockery of the guilty. It can be carried out in a decent manner, although its content is cynical and offensive, deeply wounding the human psyche.
Violence can be either physical (beatings, minor harm to health, restriction of freedom, etc.) or mental (various types of threats).
2. The act is completed from the moment of violation of the statutory rules of relations between military personnel.
3. The subject is a serviceman who violates the statutory rules of relations with another serviceman, in the absence of a relationship of subordination between them.
4. The presence of grave consequences (Part 3) must be established in the court verdict. They may be recognized as causing grievous harm to the health of the victim, causing death by negligence, suicide of the victim, etc.
Lawyer under Art. 335 of the Criminal Code of the Russian Federation Violation of the statutory rules of relationships
Lawyer under Art. 335 of the Criminal Code of the Russian Federation, when providing protection for hazing, uses the most effective methods of protection. The line of defense is developed by the lawyer together with the client based on the studied circumstances of the case. First of all, the solvency of the subject of the crime is checked, whether the client could have served in military service at the time of the crime, this is discussed above. If it turns out that the defendant could not be called up for military service for various reasons, his term of service has expired, then the incriminated act against him is subject to reclassification to a less serious article, or even termination of criminal prosecution. If, nevertheless, for such reasons it is not possible to improve the situation of the defendant, it is necessary to use other methods of protection, use mitigating circumstances, and take all necessary legal actions to avoid or alleviate the fate. If you or your relative are accused of committing hazing under Art. 335 of the Criminal Code of the Russian Federation, ensure yourself the protection of an experienced lawyer, call the phone number listed on the website.
Commentary on Article 335 of the Criminal Code of the Russian Federation
1. Violations of the statutory rules of relations between military personnel in the absence of subordination between them apply only to the relations of persons who are equal to each other in their official position and military rank, and to the relations of seniors and juniors, i.e. persons who have unequal military ranks or positions, but are not in a relationship of subordination to each other.
2. In conditions of sharply worsening social contradictions, the prestige and popularity of military labor is falling, and the number of offenses committed by military personnel is growing. The most dangerous thing in the army is the constant increase in violent crimes, widely known as “hazing.” Offenses in this category are committed in the sphere of interpersonal relations in the Armed Forces of the Russian Federation. They are associated with mockery, mockery and violence of some military personnel over others in order to subordinate them to their influence.
3. The objects of criminal encroachment are the procedure for the relationship of military personnel who are not in a relationship of subordination to each other, as well as the life, health, honor and dignity of military personnel, enshrined in general military regulations.
4. On the objective side, the Criminal Code of the Russian Federation recognizes as criminally punishable such actions that are associated with humiliation of the honor and dignity of the victim or mockery of him, as well as actions related to violence.
5. Humiliation of the honor and dignity of the victim in violation of the statutory rules of relations between military personnel (Part 1 of the commentary article), in contrast to ordinary criminal insult (Article 130), is committed during the performance of military service by the victim or in connection with his official activities.
6. Humiliation of the honor and dignity of the victim’s personality in violation of the statutory rules of relations between military personnel is objectively, as a rule, committed in a violent form, and subjectively - for the purpose of self-affirmation, dominance of the subjects of crimes, subordination of colleagues to one’s will, changing their attitude towards service, etc. .
7. Violation of the statutory rules of relations between military personnel, associated with mockery of the victim or associated with mental and physical violence, includes threats of physical harm, causing him physical pain, beatings and minor harm to health, tying up, forcible imprisonment, and committing sexual perversions etc.
8. From the subjective side, the act is committed intentionally. The attitude of the perpetrator to the consequences of bullying and violence against the victim may also be in the form of careless guilt.
9. Subjects of violations of the statutory rules of relations between military personnel can be military personnel of various ranks and official positions who are not in a relationship of subordination with the victim.
10. The qualifying features of the act are: the commission of similar acts in relation to two or more persons; a group of persons, a group of persons by prior conspiracy or an organized group; with the use of weapons; causing moderate harm to health (part 2), causing grave consequences (part 3).
10.1. Performing the same actions in relation to two or more persons means simultaneous perpetration in relation to their actions, covered by unity of intention.
10.2. The grave consequences of a crime include causing grievous harm to the victim, murder and causing death by negligence, suicide of the victim, etc.
10.3. Intent to cause grave consequences - causing death, grievous bodily harm to two or more victims, major material damage, etc. - requires the qualification of acts in conjunction with other articles of the Criminal Code, primarily on crimes against human life and health.
11. The acts described in parts 1 and 2 belong to the category of crimes of moderate gravity, in part 3 - to the category of serious crimes.
Qualifying features
Qualifying characteristics include the following actions:
- where two or more people became victims;
- committed by an organized or pre-agreed group;
- using weapons;
- causing moderate damage to the victim;
- with grave consequences.
Committing an offense against several military personnel (two or more) means simultaneous abuse of them.
Grave consequences mean: causing serious damage to health, murder by negligence, incitement to suicide, etc.
If the offender deliberately brought the victim to grave consequences, then the case should be qualified in conjunction with other articles of the Criminal Code (primarily, with Article 111 “Intentional infliction of grievous bodily harm”).
In Article 335 of the Criminal Code of the Russian Federation, parts 1-2, crimes fall under the category of medium gravity. And the act under the third part belongs to the category of serious offenses.
It is assumed that the actions from the second and third parts were committed due to negligence. In this case, additional qualifications will be required under Article 27 of the Criminal Code of the Russian Federation “Responsibility for a crime committed by two forms of guilt.”
Classification
According to Russian legislation, violations of the regulations by military personnel who do not have a relationship of subordination are classified as hazing in the army (Criminal Code of the Russian Federation, Art. 335) and are punished by detention in a disciplinary military unit or imprisonment for a prescribed period. There are several classes of illegal interpersonal interaction between military personnel:
1. Hazing in the army between colleagues of equal rank, the influence exerted on “young” soldiers by older soldiers (exceptions are cases of urgently needed defense):
- physical violence (bullying, beatings, forced labor, exploitation, forced physical activity in excess of established standards);
- economic (extortion, financial motives in the conflict, taking away money, deprivation of food, encroachment on personal belongings and allowances);
- sexual (harassment, rape);
- psychological violence (humiliation, insults, incitement to suicide).
2. Illegal forms of violence between equals in position and rank (officers, warrant officers, sergeants).
3. Illegal actions with manifestation of subordination - “boss - subordinate”:
- abuse of authority (exceptions include cases of influencing a coward in a combat situation, necessary self-defense);
- economic violence against subordinates (exceptions - actions of management when absolutely necessary);
- labor exploitation and abuse of official position;
- sexual violence against a subordinate.
4. Hazing actions of military personnel in relation to a leader - “subordinate - superior”:
- any form of violence towards the boss (bodily injury, injury, threat with a weapon);
- violence of an economic nature (robbery, robbery, theft);
- sexual violence.
The most typical forms in which hazing manifests itself in the army are the beating of new recruits by old-timers, the imposition of additional household and official duties, various types of coercion to fulfill whims, personal insults, moral pressure, threats of violence using physical force.
In some cases, the sign of subordination acts as an aggravating circumstance, and the same unlawful act or action can be qualified depending on the degree of subordination. This is how hazing in the army is regulated; the article of responsibility under the disciplinary charter and the Criminal Code of the Russian Federation will be different.
What punishment does the culprit face?
The liability of military personnel for violating the rules of statutory relations depends on the qualifying criteria.
For humiliation towards one employee without the use of weapons, accomplices, causing injuries of moderate severity or severe consequences, the offender will receive imprisonment for up to three years, or imprisonment in a disciplinary military unit for no more than two years, according to the first part of the article in question. .
If all of the above took place, then under part two of Article 335 of the Criminal Code of the Russian Federation the accused will receive a prison sentence equal to five years (or less).
Attention . Since the third part of the article is classified as a serious crime, the accused will be sentenced to up to ten years in prison for such illegal actions.
Is it possible to avoid responsibility?
According to Article 76 of the Criminal Code of the Russian Federation “Exemption from criminal liability in connection with reconciliation with the victim,” an accused who has committed such an offense for the first time can be released from criminal liability if he managed to make amends to the victim, and he forgave him.
But this applies only to the charges under the first and second parts of the article in question. The third part of Article 335 belongs to the category of serious offenses, therefore it is subject to Art. 76 does not apply.
Nature of hazing
Depending on the composition of the offense, NDOs may be of the following nature:
- A disciplinary offense is an action of an illegal nature that does not contain criminal characteristics, but violates the charter of the armed forces and the requirements of administrative legislation. Responsibility for such violations is provided for in accordance with the disciplinary regulations - in the form of detention in a guardhouse or punishment.
- A crime is an action that poses a social and public danger and violates the law. Liability is provided for in accordance with criminal law and occurs in accordance with the requirements of the Criminal Code of the Russian Federation.
