Article of assault on a police officer while on duty

A fight between citizens can result in both administrative and criminal penalties, depending on the severity of the damage to health. Assaulting a police officer is a special case that, even if the damage is minimal, will be considered a criminal offense. The Criminal Code of the Russian Federation contains a number of norms that provide special protection for law enforcement officers, including a separate article - assault on a police officer while on duty, use of violence against a law enforcement officer, or attempt on the life of a police officer.

What is considered an attack on police officers?

A police officer is a representative of government who is obliged to enforce and protect the law. In turn, the law is as strict as possible against those who encroach on the authority of the authorities, honor, dignity and physical integrity of police officers. The following may be considered an attack on a government official:

verbal threats and insults;
aggressive behavior, swings simulating a blow;
physical violence, even the mildest form;
physical resistance to lawful actions of a law enforcement officer.

Note!
When contacting the police, even if you are absolutely convinced that you are right, you must not be rude to your opponent in uniform, touch his uniform and equipment, or try to snatch documents from his hands. If a police officer behaves incorrectly, it would be more correct to record this fact, attract witnesses and later file a complaint against the actions of the official. In this case, an employee of the Ministry of Internal Affairs will be responsible.

Performance of official duties by a police officer - concept

A police officer is on duty not only during the hours when he performs direct duties in connection with his position, but also if, outside of normal work hours, he takes part in the process of countering an offense or provides assistance to someone whose health or life is in danger.

In addition, a police officer is considered to be performing duties both while traveling to the place of work and during the period when he is on a business trip, undergoing treatment or undergoing a health examination due to problems received during his service.

Participation in educational events aimed at improving professional qualifications also falls under the category of official activities, and is equivalent to the performance of duties . As well as being held hostage, except in cases of voluntary surrender for selfish personal purposes.

A police officer who is on vacation is considered not to be on duty . But only until the moment when one of the people nearby does not need help in protecting life or health, and the police officer is notified about this, and the ability to correct the situation is within his competence (Article 27, paragraph 2 of the Federal Law dated 02/07/2011 N 3-FZ).

Therefore, an attack on a policeman in swimming trunks may turn out to be an unlawful act with aggravating circumstances if the injured party proves that at the time of the conflict with the offender, the policeman was not only on vacation, but also faced the need to fulfill his professional duty.

Article 318 of the Criminal Code of the Russian Federation: liability for an attack on a police officer

The Criminal Code of the Russian Federation contains several articles that classify illegal actions against officials, which include police officers. Article 318 provides punishment for:

violence not dangerous to life and health, including threats against a law enforcement officer or members of his family;
violence dangerous to health and life.

Under Article 319, a citizen who insults a police officer while on duty will be punished. An attempt on the life of a law enforcement officer, including in attempts to interfere with his professional activities or out of revenge, is classified under Article 317 of the Criminal Code of the Russian Federation.

Corpus delicti

The objective side of the crime includes the use of violence (dangerous or not dangerous to human life or health), as well as the threat of its use.
The content of the threat is not specified by law, but may include a threat to kill, cause bodily harm, or destroy property of citizens. Moreover, all these actions constitute a crime only if they were committed while the official was performing his immediate duties. If violence or its threat took place due to the latter’s violation of the norms of the legislation of the Russian Federation, then there will no longer be a crime.

The subjective side includes the form of guilt in the form of direct intent. Its mandatory features are determined by:

the purpose of the offense is to prevent an official from performing his immediate duties;
the motive is revenge for their fulfillment.

The subject of the offense is a person who has reached 16 years of age. Teenagers from 14 to 16 years old, whose guilt in such a crime has been proven, are liable under Articles 111 and 112 of the Criminal Code of the Russian Federation.

The object of the crime is the life and health of an official in the performance of his official duties.

The crime will be considered completed if the use of physical or psychological violence has begun.

Separately, we note that in cases where the use of violence against a police officer was carried out with torture, the crime will be qualified in its entirety under Part 2 of Article 318 and Part 3 of Article 111 of the Criminal Code of the Russian Federation.

Responsibility for assaulting a police officer

Law enforcement agencies are of particular importance for ensuring stability in society, therefore penalties for an action against their representative are more severe than for a similar offense against a civilian. The maximum sanction will be:

under Article 319 - punishment in the form of a fine of up to 40 thousand rubles and up to a year of correctional labor;
under Article 318 - on the first point - from a fine of up to 200 thousand rubles and up to five years of imprisonment, on the second point - imprisonment for up to 10 years;
under Article 317 – imprisonment from 12 years to life imprisonment.

Note!
Although there has been a moratorium on the death penalty in Russia for many years, this penalty is prescribed in the Criminal Code, including under Article 317.

Criminal liability begins at the age of 16, but for the murder of a police officer while on duty, as a particularly serious offense, liability begins at the age of 14.

How is an attack assessed if a police officer attacked himself?

The Police Law gives law enforcement officers the right to use force in a number of situations. At the same time, their actions are strictly regulated and must be adequate to the situation and potential threats to the police officer himself and others. Article 19 of the relevant law requires a police officer to:

introduce yourself;
warn about the possible consequences of failure to comply with its requirements;
enable the requirements to be met.

Law enforcement officers have the right to use force without warning only if delay could lead to death or other serious consequences. The use of force by police officers during an arrest should not be life-threatening. If these rules are followed, the use of force will not be considered an assault.

Note!
Article 18 of the same act, on the one hand, warns law enforcement officers about the special responsibility for exceeding their powers, on the other hand, it exempts them from charges of causing harm to property or people if they acted in accordance with the established procedure.

If a police officer unreasonably used force and the other party, in defending himself, caused damage to an official, this can be qualified under Article 37 of the Criminal Code of the Russian Federation “Necessary defense”. But it should be borne in mind that it will not be easy to prove that you are right. If the victim knows for sure that he did not show aggression and was unlawfully beaten by a police officer, he can complain about the actions of the law enforcement officer to a higher authority of the Ministry of Internal Affairs and the prosecutor's office or file a lawsuit.

Performance of official duties by a police officer - concept

Assault on an off-duty employee

After finishing a shift or on vacation, a police officer is an ordinary citizen. If he has a conflict with someone around him, its consequences must be dealt with without taking into account the provisions of Articles 317-319.

The nuance of the situation is that a law enforcement officer has the right and obligation to suppress offenses at any time, and not just while on duty. If an off-duty police officer witnesses a violation of the law and intervenes in the situation, he will automatically become “on duty” and opposing him will be considered an assault on the police officer.

The concept of “Performance of official duties”

When giving such advice, many “experts” do not fully understand the concept of “On Execution.” When the whole case goes to court, people are sincerely surprised and perplexed why they are punished so severely.

Therefore, it is necessary to clarify what the concept of “Off duty” means and what features it has that apply to police officers.

According to the 3rd part of Article 68 of Law N 342-FZ, a police officer is considered to be acting, regardless of the place where he is located or the time of day if:

It suppresses or prevents crime;
Helps people who cannot defend themselves due to their helpless situation or are in a condition that threatens their life and health;
Takes actions aimed at protecting the interests of the state and society.

Investigation of cases of attack on a police officer

According to Article 151 of the Code of Criminal Procedure of the Russian Federation, proceedings in cases of causing harm to a police officer are conducted by the Investigative Committee of the Russian Federation. This is an independent structure that reports directly to the President.

Investigative activities are carried out by the Investigative Committee, the police are involved only as an additional source of information. At the end of the investigation, the materials are transferred to the court.

Investigation into the case of beating a police officer

Investigative measures depend on the circumstances of the case. The investigator is obliged to restore the full picture of what happened: what preceded the attack, the motives of the attacker. Various methods are used for this:

witnesses are located and questioned;
experts are involved;
Possible video materials are seized and reviewed.

The investigator then classifies the crime depending on the details found.

What influences the court's decision?

The most important aspect is the severity of the damage caused. Another important nuance is that the injured party is an individual police officer or the police as a government agency. Aggravating circumstances may include:

The motive is if the crime is purely out of revenge for the professional activities of a police officer, or due to ethnic or religious hostility.
Several persons involved.
Preliminary coordination of the attackers' actions.
Intent to kill.
Holding the accused accountable for similar offenses in the past.

Note!
As mitigating circumstances, the court may consider:
admission of guilt and cooperation with the investigation;
ignorance and misunderstanding of the fact that the victim of an attack is a representative of the authorities;
a situation in which a police officer exceeded his authority and behaved incorrectly.

If the consequences of the attack are not so serious - the policeman is alive, he was not seriously injured - the lawyer may suggest using Article 25 of the Code of Criminal Procedure of the Russian Federation - closing the case by reconciling the parties. To do this, the lawyer must submit a corresponding petition, and the judge, prosecutor, investigator and victim must agree with it.

Article 318. Use of violence against a representative of the authorities

Lawful use of force against an employee.

According to Art. 37 of the Criminal Procedure Code of the Russian Federation, there is an admissibility of self-defense in a situation of an attack on the life, health and legitimate interests of a citizen. At the same time, the text of the article does not indicate the position or profession of the attacker. However, the Supreme Court of the Russian Federation in 2012 prohibited residents of Russia from offering any resistance to any actions of police officers, even if the latter unlawfully use physical force associated with causing harm to the life, health or property of a citizen.

Thus, any resistance to the police is taken beyond the scope of necessary self-defense and entails liability under Art. 318 Code of Criminal Procedure of the Russian Federation. In turn, a police officer who kills a citizen during arrest is held accountable under Art. 108 of the Criminal Code for exceeding self-defense.