Article 5 of the Criminal Code of the Russian Federation with Commentary 2022: latest changes and amendments, judicial practice

ST 13 of the Criminal Code of the Russian Federation.

1. Citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state.

2. Foreign citizens and stateless persons who have committed a crime outside the Russian Federation and are located on the territory of the Russian Federation may be extradited to a foreign state for prosecution or serving a sentence in accordance with an international treaty of the Russian Federation.

Commentary to Art. 5 of the Criminal Code

1. Russian criminal law takes the position of subjective imputation. Objective imputation, i.e. bringing a person to criminal liability for innocent causing of harm (Article 28 of the Criminal Code) is not allowed.

2. The principle in question also means that the person who committed the crime is responsible only for what was committed by him personally. Criminal law does not recognize responsibility for the actions of others, and therefore excludes the responsibility of parents for children and children for parents, spouses for each other, etc. Today it contradicts the principle of personal responsibility, Part 2 of Art. 88 of the Criminal Code, which provides for the possibility of collecting a fine imposed on a convicted minor from his parents or other legal representatives with their consent.

Road blocking

Article 267 of the Criminal Code of the Russian Federation recognizes the following as a criminal offense:

Deliberate blocking of transport communications and transport infrastructure facilities.
Obstructing the movement of vehicles and pedestrians on communication routes and the road network.

Provided that such acts created a threat to the life, health and safety of citizens or a threat of destruction or damage to the property of individuals and (or) legal entities. These illegal actions are punishable by:

a fine in the amount of 100,000 to 300,000 rubles or in the amount of wages or other income of the convicted person for a period of one to two years;
compulsory work for up to 240 hours;
forced labor for up to one year;
imprisonment for up to one year.

Qualified elements of this crime are provided, taking into account various criminal liability depending on the degree of harm caused to human health and the amount of damage caused.

Second commentary to Art. 5 of the Criminal Code of the Russian Federation

1. The principle of guilt is also called the principle of subjective imputation. Its essence lies in the fact that no one can bear criminal liability unless his personal guilt is established in relation to a socially dangerous act and the resulting consequences. Any socially dangerous act provided for by criminal law becomes a crime only when it is committed guilty. A person who committed an act intentionally or through negligence is found guilty of a crime (Article 24 of the Criminal Code of Russia).

2. The significance of the principle of guilt is strengthened by the provision enshrined in Part 2 of the commented article that objective imputation, i.e. Criminal liability for innocent causing of harm is not permitted. The concept of innocent causing of harm is revealed in Art. 28 of the Criminal Code.

Otherwise improving the situation of the person who committed the crime

The retroactive force of the criminal law will occur not only in the case of decriminalization of an act or mitigation of punishment, but also in all other cases when changes in the criminal law are in one way or another connected with improving the situation of the perpetrator. Such an improvement could be, for example:

establishing the possibility of assigning a less strict type of correctional institution;
easing the penal regime
easing conditions of parole;
reducing the statute of limitations for exemption from criminal liability;
reduction of terms for repayment or expungement of a criminal record;
exclusion of a qualifying feature;
conditions for release from criminal liability or punishment.

Options for improving the position of the offender are not limited by law, and the adoption of any of them means the need to apply provisions on the retroactive effect of the criminal law.

The rule on the retroactive effect of a law applies both to persons who committed the relevant act before the entry into force of such a law, and to persons serving a sentence or having a criminal record under an older, more stringent law.

If a new criminal law mitigates the punishment for an act that is being served by a person, then this punishment is subject to reduction within the limits provided for by the norms of both the Special Part and the General Part of the Criminal Code of the Russian Federation as amended by this law (Part 2 of Article 10 of the Criminal Code).

Third commentary to Article 5 of the Criminal Code of the Russian Federation

1. According to Russian criminal law, a person may be held liable if his socially dangerous and illegal actions and their consequences were mediated by consciousness and will, in other words, if they were committed guilty, i.e. either intentionally or through negligence. Reflexive, involuntary or impulsive actions, devoid of an intellectual or volitional basis, are indifferent for criminal law and cannot be the subject of criminal legal assessment. The principle of responsibility for guilt, i.e. in the form of intent or negligence, the actions committed are the principle of subjective imputation. Objective imputation, i.e. criminal liability for innocent causing of harm, as declared in Part 2 of Art. 5 of the Criminal Code is not allowed. Criminal legislation, enshrining the principle of guilt, which finds its concrete expression in the norms of Ch. 5 of the General Part of the Criminal Code of the Russian Federation (see commentary to Articles 24 - 28), consistently proceeds from the internationally recognized rule: “No guilt - no crime, no criminal liability.” This rule is universal and imperative and knows no exceptions.

2. The principle of guilt is universal. This means that not only in relation to an action (inaction) and its socially dangerous consequences, but also to all other legally significant circumstances affecting the qualification of the act, a person must show a mental attitude in the form of intent or negligence. In the absence of this indispensable condition, imputation of such circumstances as the responsibility of a person would be an act of objective imputation. Thus, when committing the theft of someone else’s property on a large scale, the perpetrator must be aware of precisely this fact, foresee and desire to cause precisely such material damage to the property. In the case of rape of a minor, the perpetrator must know or allow, or at least should have and could have foreseen, that he was committing a violent sexual act with the said victim. The universal nature of the principle of guilt is also emphasized in Art. 35 of the Criminal Code of the Russian Federation, in paragraph 5 of which it is established that a person who created an organized group or criminal community (criminal organization) or led them is subject to criminal liability not only for this criminal activity, but also for everything committed by an organized group or criminal community (criminal organization). organization) crimes, if they were covered by his intent.

3. Guilt is not a property of a person, but an objectively existing fact, manifested in the objective signs of an act, subject to establishment, knowledge and evaluation by the law enforcement officer. In accordance with the requirements of the criminal procedural legislation, guilt as a necessary element of any crime and as a mandatory sign of the subjective side of its composition is included in the subject of proof in a criminal case, and its presence in the crime must not only be established, but also indisputably proven. Meanwhile, there are still cases, especially during the investigation and consideration of criminal cases of careless, mainly transport, crimes, when the presence of guilt in relation to socially dangerous consequences is not proven, but is presumed. In such cases, the body applying the law, having established a deliberate (more precisely, conscious) violation by a person of the relevant transport safety rules, proceeds from the assumption that given such a mental attitude of the person to the violation, he must have careless guilt in relation to the consequences. Such a vicious, intolerant practice cannot but be regarded as a serious corrosion of the principle of guilt, as a dangerous relapse of objective imputation, which is deeply alien to Russian criminal legislation. In this regard, the Plenum of the Supreme Court of the USSR in the Resolution of March 18, 1963 “On strict observance of laws when courts consider criminal cases” gave the following instructions: “Courts must pay special attention to a thorough study of the subjective side of the crime committed. Harmful consequences, regardless of their severity, can be imputed to a person only if he acted in relation to them intentionally or caused them through negligence" (Collection of Resolutions of the Plenum of the Supreme Court of the USSR, 1924 - 1977. M., 1978. Part 2. C . 20).

4. The principle of guilt closely interacts with the principles of legality, equality of citizens before the law, justice, being a necessary condition for their full functioning.
On the other hand, a violation or even the slightest deviation from the principle of guilt inevitably leads to a violation of the above-mentioned basic principles of criminal law and to undermining the basis of criminal liability. ‹ Article 4. The principle of equality of citizens before the lawUp Article 6. The principle of justice ›

Citizens of the Russian Federation are not subject to extradition

According to Art. 61 of the Constitution of the Russian Federation, a citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to another state.

Part 1 art. 13 of the Criminal Code of the Russian Federation establishes that citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state. The law, speaking about a citizen who has committed a crime, proceeds from the fact that his behavior is considered as such by the criminal legislation not only of a foreign state, but also of the Russian Federation. Part 1 art. 13 of the Criminal Code of the Russian Federation, based on Art. 61 of the Constitution of the Russian Federation does not mean the release of Russian citizens from responsibility and punishment for committing crimes on the territory of other states. The issue of criminality and punishability of the act in this case is resolved in accordance with the norms of the Criminal Code of the Russian Federation.

The categorical ban on the extradition of Russian citizens who have committed a crime on the territory of a foreign state to this state is based on the principle of citizenship of the criminal law in the space enshrined in Article 12 of the Criminal Code of the Russian Federation.

Judicial practice under Article 5.5 of the Code of Administrative Offenses

Resolution of the Supreme Court of the Russian Federation dated November 6, 2020 N 19-AD20-12
Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of Lyudmila Ivanovna Leontyeva against the decision of the magistrate of judicial district No. 1 of the Oktyabrsky district of Stavropol dated August 22 that entered into legal force 2022, the decision of the judge of the Oktyabrsky District Court of Stavropol dated October 14, 2019 and the decision of the deputy chairman of the Fifth Cassation Court of General Jurisdiction dated January 17, 2022, issued against the editor-in-chief of the Otkrytaya newspaper. For each and everyone" Lyudmila Ivanovna Leontieva in the case of an administrative offense provided for in Part 1 of Article 5.5 of the Code of the Russian Federation on Administrative Offences,

Laws of the Russian Federation - Criminal Code of the Russian Federation [As of September 1, 2014]

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Criminal Code of the Russian Federation

as of September 1, 2014

June 13, 1996 No. 63-FZ

CRIMINAL CODE OF THE RUSSIAN FEDERATION

Adopted by the State Duma on May 24, 1996

Approved by the Federation Council on June 5, 1996

(as amended by Federal Laws dated 05.27.1998 No. 77-FZ, dated 06.25.1998 No. 92-FZ, dated 02.09.1999 No. 24-FZ, dated 02.09.1999 No. 26-FZ, dated 03.15.1999 No. 48-FZ , dated 03/18/1999 No. 50-FZ, dated 07/09/1999 No. 156-FZ, dated 07/09/1999 No. 157-FZ, dated 07/09/1999 No. 158-FZ, dated 03/09/2001 No. 25-FZ, dated 03/20/2001 No. 26-FZ, dated June 19, 2001 No. 83-FZ, dated June 19, 2001 No. 84-FZ, dated August 7, 2001 No. 121-FZ, dated November 17, 2001 No. 144-FZ, dated November 17, 2001 No. 145-FZ, dated December 29, 2001 No. 192-FZ, dated March 4, 2002 No. 23-FZ, dated March 14, 2002 No. 29-FZ, dated May 7, 2002 No. 48-FZ, dated May 7, 2002 No. 50-FZ, dated June 25, 2002 No. 72-FZ, dated July 24, 2002 No. 103-FZ, dated July 25, 2002 No. 112-FZ, dated October 31, 2002 No. 133-FZ, dated March 11, 2003 No. 30-FZ, dated April 8, 2003 No. 45-FZ, dated 04.07.2003 No. 94-FZ, dated 04.07.2003 No. 98-FZ, dated 07.07.2003 No. 111-FZ, dated 08.12.2003 No. 162-FZ, dated 08.12.2003 No. 169-FZ, dated 21.07.2004 No. 73- Federal Law, dated July 21, 2004 No. 74-FZ, dated July 26, 2004 No. 78-FZ, dated December 28, 2004 No. 175-FZ, dated December 28, 2004 No. 187-FZ, dated July 21, 2005 No. 93-FZ, dated December 19. 2005 No. 161-FZ, dated January 5, 2006 No. 11-FZ, dated July 27, 2006 No. 153-FZ, dated December 4, 2006 No. 201-FZ, dated December 30, 2006 No. 283-FZ, dated April 9, 2007 No. 42-FZ , dated 04/09/2007 No. 46-FZ, dated 05/10/2007 No. 70-FZ, dated 07/24/2007 No. 203-FZ, dated 07/24/2007 No. 211-FZ, dated 07/24/2007 No. 214-FZ, dated 04/11/2007 No. 252-FZ, dated December 1, 2007 No. 318-FZ, dated December 6, 2007 No. 333-FZ, dated December 6, 2007 No. 335-FZ, dated February 14, 2008 No. 11-FZ, dated April 8, 2008 No. 43-FZ, dated May 13, 2008 No. 66-FZ, dated July 22, 2008 No. 145-FZ, dated November 25, 2008 No. 218-FZ, dated December 22, 2008 No. 272-FZ, dated December 25, 2008 No. 280-FZ, dated December 30, 2008 No. 321-FZ, dated 02/13/2009 No. 20-FZ, dated 04/28/2009 No. 66-FZ, dated 06/03/2009 No. 106-FZ, dated 06/29/2009 No. 141-FZ, dated 07/24/2009 No. 209-FZ, dated 07.27.2009 No. 215-FZ, dated 07.29.2009 No. 216-FZ, dated 10.30.2009 No. 241-FZ, dated 03.11.2009 No. 245-FZ, dated 09.11.2009 No. 247-FZ, dated 12.17.2009 No. 324 -FZ, dated December 27, 2009 No. 377-FZ, dated December 29, 2009 No. 383-FZ, dated February 21, 2010 No. 16-FZ, dated March 29, 2010 No. 33-FZ, dated April 5, 2010 No. 48-FZ, dated 07.04 .2010 No. 60-FZ, dated 05/06/2010 No. 81-FZ, dated 05/19/2010 No. 87-FZ, dated 05/19/2010 No. 92-FZ, dated 06/17/2010 No. 120-FZ, dated 07/01/2010 No. 147- Federal Law, dated July 22, 2010 No. 155-FZ, dated July 27, 2010 No. 195-FZ, dated July 27, 2010 No. 197-FZ, dated July 27, 2010 No. 224-FZ, dated October 4, 2010 No. 263-FZ, dated October 4. 2010 No. 270-FZ, dated November 29, 2010 No. 316-FZ, dated December 9, 2010 No. 352-FZ, dated December 23, 2010 No. 382-FZ, dated December 23, 2010 No. 388-FZ, dated December 28, 2010 No. 398-FZ , dated December 28, 2010 No. 427-FZ, dated December 29, 2010 No. 442-FZ, dated March 7, 2011 No. 26-FZ, dated April 6, 2011 No. 66-FZ, dated May 4, 2011 No. 97-FZ, dated July 11, 2011 No. 200-FZ, dated July 20, 2011 No. 250-FZ, dated July 21, 2011 No. 253-FZ, dated July 21, 2011 No. 257-FZ, dated November 7, 2011 No. 304-FZ, dated November 21, 2011 No. 329-FZ, dated 06.12.2011 No. 401-FZ, dated 07.12.2011 No. 419-FZ, dated 07.12.2011 No. 420-FZ, dated 29.02.2012 No. 14-FZ, dated 01.03.2012 No. 18-FZ, dated 05.06.2012 No. 54-FZ, dated July 10, 2012 No. 106-FZ, dated July 10, 2012 No. 107-FZ, dated July 20, 2012 No. 121-FZ, dated July 28, 2012 No. 141-FZ, dated October 16, 2012 No. 172-FZ, dated 12.11.2012 No. 190-FZ, dated 29.11.2012 No. 207-FZ, dated 03.12.2012 No. 231-FZ, dated 30.12.2012 No. 306-FZ, dated 30.12.2012 No. 308-FZ, dated 30.12.2012 No. 312 -FZ, dated 03/04/2013 No. 23-FZ, dated 04/05/2013 No. 59-FZ, dated 06/28/2013 No. 134-FZ, dated 06/29/2013 No. 136-FZ, dated 07/02/2013 No. 150-FZ, dated 02.07 .2013 No. 186-FZ, dated July 23, 2013 No. 198-FZ, dated July 23, 2013 No. 218-FZ, dated July 23, 2013 No. 221-FZ, dated October 21, 2013 No. 270-FZ, dated November 2, 2013 No. 302- Federal Law, dated November 25, 2013 No. 313-FZ, dated November 25, 2013 No. 317-FZ, dated December 21, 2013 No. 365-FZ, dated December 21, 2013 No. 376-FZ, dated December 28, 2013 No. 380-FZ, dated December 28. 2013 No. 381-FZ, dated December 28, 2013 No. 421-FZ, dated December 28, 2013 No. 432-FZ, dated December 28, 2013 No. 433-FZ, dated February 3, 2014 No. 5-FZ, dated February 3, 2014 No. 15-FZ , dated 05.05.2014 No. 96-FZ, dated 05.05.2014 No. 98-FZ, dated 05.05.2014 No. 104-FZ, dated 05.05.2014 No. 105-FZ, dated 05.05.2014 No. 128-FZ, dated 05.05.2014 No. 130-ФЗ dated 06/04/2014 No. 142-ФЗ, as amended by Resolutions of the Constitutional Court of the Russian Federation dated 05/27/2008 No. 8-P, dated 07/13/2010 No. 15-P, dated 10/10/2013 No. 20-P, dated 11/19/2013 No. 24-P)

a common part

Section I. Criminal Law

Chapter 1. Objectives and principles of the criminal code of the Russian Federation

ARTICLE 1. Criminal legislation of the Russian Federation

1. The criminal legislation of the Russian Federation consists of this Code. New laws providing for criminal liability are subject to inclusion in this Code.

2. This Code is based on the Constitution of the Russian Federation and generally recognized principles and norms of international law.

ARTICLE 2. Objectives of the Criminal Code of the Russian Federation

1. The objectives of this Code are: protection of human and civil rights and freedoms, property, public order and public safety, the environment, the constitutional system of the Russian Federation from criminal attacks, ensuring peace and security of mankind, as well as crime prevention.

2. To carry out these tasks, this Code establishes the basis and principles of criminal liability, determines what acts dangerous to the individual, society or the state are recognized as crimes, and establishes types of punishments and other measures of a criminal legal nature for committing crimes.

ARTICLE 3. Principle of legality

1. The criminality of an act, as well as its punishability and other criminal legal consequences, are determined only by this Code.

2. Application of criminal law by analogy is not allowed.

ARTICLE 4. The principle of equality of citizens before the law

Persons who have committed crimes are equal before the law and are subject to criminal liability regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

ARTICLE 5. Principle of guilt

1. A person is subject to criminal liability only for those socially dangerous actions (inaction) and socially dangerous consequences for which his guilt has been established.

2. Objective imputation, that is, criminal liability for innocent causing of harm, is not allowed.

ARTICLE 6. Principle of justice

1. Punishment and other measures of a criminal legal nature applied to a person who has committed a crime must be fair, that is, correspond to the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator.

2. No one can be criminally liable twice for the same crime.

ARTICLE 7. The principle of humanism

1. The criminal legislation of the Russian Federation ensures human safety.

2. Punishment and other measures of a criminal legal nature applied to a clip who has committed a crime cannot be aimed at causing physical suffering or humiliation of human dignity.

ARTICLE 8. Grounds for criminal liability

The basis for criminal liability is the commission of an act containing all the elements of a crime provided for by this Code.

Chapter 2. Operation of criminal law in time and space

ARTICLE 9. Effect of criminal law in time

1. The criminality and punishability of an act are determined by the criminal law in force at the time the act was committed.

2. The time of commission of a crime is the time of commission of a socially dangerous action (inaction), regardless of the time of the onset of consequences.

ARTICLE 10. Retroactivity of criminal law

1. A criminal law that eliminates the criminality of an act, mitigates punishment or otherwise improves the position of a person who committed a crime, has retroactive effect, that is, it applies to persons who committed the relevant acts before the entry into force of such a law, including persons serving a sentence or those who have served their sentence but have a criminal record. A criminal law that establishes the criminality of an act, increases punishment or otherwise worsens a person’s position does not have retroactive effect.

2. If a new criminal law mitigates the punishment for an act that is being served by a person, then this punishment is subject to reduction within the limits provided for by the new criminal law.

ARTICLE 11. Effect of the criminal law in relation to persons who have committed a crime on the territory of the Russian Federation

1. A person who has committed a crime on the territory of the Russian Federation is subject to criminal liability under this Code.

2. Crimes committed within the territorial sea or airspace of the Russian Federation are recognized as committed on the territory of the Russian Federation. This Code also applies to crimes committed on the continental shelf and in the exclusive economic zone of the Russian Federation.

(as amended by Federal Law dated April 9, 2007 No. 46-FZ)

3. A person who has committed a crime on a ship registered to a port of the Russian Federation, located in open water or airspace outside the Russian Federation, is subject to criminal liability under this Code, unless otherwise provided by an international treaty of the Russian Federation. Under this Code, a person who commits a crime on a warship or military aircraft of the Russian Federation, regardless of their location, also bears criminal liability.

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