Article 113 of the Criminal Code of the Russian Federation with Commentary 2022: latest changes and amendments, judicial practice

ST 113 of the Criminal Code of the Russian Federation.

Intentional infliction of grievous or moderate harm to health, committed in a state of sudden strong emotional excitement (affect) caused by violence, mockery or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psychotraumatic situation that arose in connection with systematic illegal or immoral behavior of the victim - is punishable by correctional labor for a term of up to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

Commentary to Art. 113 Criminal Code

1. According to the main objective and subjective characteristics, the analyzed crime coincides with the act provided for in Art. 107 of the Criminal Code. The differences lie in the object of the crime (it is recognized as human health) and in the socially dangerous consequences (they are serious harm to health and moderate harm).

2. Infliction of grievous or moderate harm to health by two or more victims in a state of passion is qualified under Art. 113 of the Criminal Code, and such a state of the perpetrator must be caused by the unlawful or immoral behavior of both victims.

3. In qualifying the infliction of grievous bodily harm in a state of passion, resulting in the death of the victim through negligence, at least four options are possible. It seems that in this case it would be correct to prosecute the perpetrator only for causing grievous bodily harm in a state of passion (Article 113 of the Criminal Code), since it is unlikely that in such a state the person could have foreseen that his actions would lead to the death of the victim. In a state of strong emotional excitement, the guilty person’s field of consciousness narrows and, as a rule, he foresees only the immediate consequences of his actions. In addition, when qualifying an act according to the totality of Art. 113 and 109 of the Criminal Code, a person will be punished more severely than, for example, in the case of murder in a state of passion. Judicial practice also qualifies what was done in the situation under consideration only under Art. 113 CC.

SENTENCE

In the name of the Russian Federation

FULL NAME1 DD.MM.YYYY year

<address> district court <address> consisting of:

presiding judge Kravchenko Yu.G.,

with the participation of the state prosecutor - senior assistant prosecutor of the city, FULL NAME1 Minaeva T.M.,

defendant Yakovlev A.V.,

defense attorney Yashin A.A., who presented certificate No. and warrant No. dated DD.MM.YYYY,

with the secretary of the court session N.E. Noskova,

having considered in open court in a special judicial procedure a criminal case against

Yakovlev Alexander Vladimirovich,

DD.MM.YYYY year of birth, native of <address>, citizen of the Russian Federation, having a secondary specialized education, single, head of <data taken>", registered and residing at the address: <address>, <address>, previously convicted: DD.MM.YYYY by the Magistrate Court of the judicial district No. <address> of the judicial district <address> under Part 1 of Article 157, Part 1 of Art. 157 of the Criminal Code of the Russian Federation to 10 months of correctional labor with the deduction of 5% from earnings to the state income,

accused of committing crimes under Part 1 of Art. 157, Part 1 of Art. 157 of the Criminal Code of the Russian Federation,

INSTALLED:

Yakovlev A.V. committed a parent's failure to pay without good reason, in violation of a court decision, funds for the maintenance of a minor child, if this act was committed repeatedly, under the following circumstances.

Yakovlev A.V. during the period from DD.MM.YYYY (from the day following the day of the previously imputed period in a criminal case) according to DD.MM.YYYY, living at the address: <address>, <address>, on the basis of a court order for the collection of alimony in case No. from DD.MM.YYYY, issued by the Justice of the Peace of court district No. <address>, is obliged to pay alimony in favor of FULL NAME8 for the maintenance of a minor daughter - Victim No. 1, DD.MM.YYYY year of birth, in the amount of 1/4 parts of all types of earnings and (or) other income, monthly, starting from DD.MM.YYYY until the child reaches adulthood.

In the absence of a permanent source of income, being an able-bodied person, Yakovlev A.V. does not take any measures towards official employment, does not contact <data taken> “Central Employment Center of the city <address> regarding employment issues. Having income from odd jobs, Victim No. 1, DD.MM.YYYY year of birth, does not provide any material assistance for the maintenance of his minor daughter, including things and food, and spends the money on his own needs.

In the course of enforcement actions on enforcement proceedings No. DD.MM.YYYY, DD.MM.YYYY and DD.MM.YYYY Yakovlev A.V. warned in writing about criminal liability under Part 1 of Art. 157 of the Criminal Code of the Russian Federation. In the course of enforcement actions on enforcement proceedings No. DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY and DD.MM.YYYY Yakovlev A.V. warned in writing about criminal liability under Part 1 of Art. 157 of the Criminal Code of the Russian Federation. DD.MM.YYYY Yakovlev A.V. warned in writing about administrative liability under Part 1 of Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation, about criminal liability under Part 1 of Art. 157 of the Criminal Code of the Russian Federation.

DD.MM.YYYY Magistrate of the court district No. <address> judicial district <address> Yakovlev A.V. found guilty of committing an administrative offense under Part 1 of Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation - for failure by a parent to pay, without good reason, in violation of a court decision, funds for the maintenance of minor children, within two or more months from the date of initiation of enforcement proceedings. Yakovlev A.V. An administrative penalty was imposed in the form of compulsory work for a period of 80 hours. The resolution on the administrative offense entered into force DD.MM.YYYY. Administrative punishment in the form of compulsory work for a period of 80 hours, Yakovlev A.V. not served.

DD.MM.YYYY OSP at <address>, Full Name1 at <address> in relation to Yakovlev A.V. a criminal case was initiated under Part 1 of Art. 157, part 1 art. 157 of the Criminal Code of the Russian Federation.

DD.MM.YYYY Magistrate of the court district No. <address> judicial district <address> Yakovlev A.V. convicted under Part 1 of Art. 157, part 1 art. 157 of the Criminal Code of the Russian Federation, to 10 months of correctional labor with the deduction of 5% from earnings to the state income.

During the period from DD.MM.YYYY (from the day following the day of the previously imputed period in the criminal case) according to DD.MM.YYYY, Yakovlev A.V. does not take measures to find employment, does not voluntarily provide material assistance commensurate with the normal physical and moral development of the child.

Thus, Yakovlev A.V., during the period from DD.MM.YYYY (from the day following the day of the previously imputed period in the criminal case) according to DD.MM.YYYY, does not pay funds for the maintenance of his minor daughter.

During the period from DD.MM.YYYY (from the day following the day of the previously imputed period in the criminal case) according to DD.MM.YYYY, Yakovlev A.V., registered and residing at the address: <address>, <address> , being the parent of a minor child, in violation of the requirements of Part 2 of Art. 38 of the Constitution of the Russian Federation and Art. 80 of the Family Code of the Russian Federation, establishing the obligation of parents to support their minor children, knowing reliably about the obligation imposed on him by the court to pay alimony, as well as about the initiation of DD.MM.YYYY by the bailiff - executor <address> ROSP FULL NAME1 at <address>, on the basis of a court order for the collection of alimony in case No. DD.MM.YYYY, issued by the Magistrate of the court district No. <address>, according to which he is obliged to pay alimony in favor of FULL NAME8 for the maintenance of his minor daughter - Victim No. 1, DD.MM .YYYY year of birth, in the amount of 1/4 of all types of earnings and (or) other income, monthly, starting from DD.MM.YYYY and until the child reaches the age of majority, in relation to him, enforcement proceedings No., did not execute the court decision. During the execution of enforcement proceedings No., it was established that on the basis of Law No.-OZ dated DD.MM.YYYY “On the transformation of municipalities of the urban district “City <address>” and the urban settlement “<address>” was annexed to <address> . DD.MM.YYYY enforcement proceedings were transferred to the OSB at <address> <address> of the Federal Bailiff Service of Russia at <address>. DD.MM.YYYY enforcement proceedings were accepted for execution and a new registration number No. was assigned.

As a result of non-payment of funds by Yakovlev A.V., in violation of a court decision, for the maintenance of a minor daughter - Victim No. 1, DD.MM.YYYY year of birth, in the period from DD.MM.YYYY (from the day following the day of the previously imputed period in a criminal case) according to DD.MM.YYYY, a minor victim - Victim No. 1, property damage was caused in the amount of 49,880 rubles 20 kopecks. The debt was calculated in accordance with Art. 113 of the Family Code of the Russian Federation.

Thus, Yakovlev A.V. committed a parent's failure to pay without good reason, in violation of a court decision, funds for the maintenance of minor children, if this act was committed repeatedly, that is, a crime under Part 1 of Art. 157 of the Criminal Code of the Russian Federation.

2. Yakovlev A.V. during the period from DD.MM.YYYY (from the day following the day of the previously imputed period in the criminal case) according to DD.MM.YYYY, living at the address: <address>, <address>, on the basis of an absentee decision in case No. from DD.MM.YYYY, issued by the Justice of the Peace of the judicial district No. g <address>, acting as the Justice of the Peace of the judicial district No. <address>, on the basis of a resolution of the chairman of the <address> of the district court <address>, is obliged to pay alimony in favor of FULL NAME9 for the maintenance of a minor daughter - Victim No. 2, DD.MM.YYYY year of birth, in the amount of 1/6 of earnings and (or) other income monthly, starting from DD.MM.YYYY and until she reaches adulthood.

In the absence of a permanent source of income, being an able-bodied person, Yakovlev A.V. does not take measures for official employment, does not contact <data taken> “TsZN of the city <address>” regarding employment issues. Having income from odd jobs, Victim No. 2 does not provide any material assistance for the maintenance of his minor daughter, including things and food, and spends the money on his own needs.

In the course of enforcement actions on enforcement proceedings No. DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY and DD.MM.YYYY Yakovlev A.V. warned in writing about criminal liability under Part 1 of Art. 157 of the Criminal Code of the Russian Federation. DD.MM.YYYY Yakovlev A.V. warned in writing about administrative liability under Part 1 of Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation, about criminal liability under Part 1 of Art. 157 of the Criminal Code of the Russian Federation.

DD.MM.YYYY OSP at <address> <address> Federal Bailiff Service of Russia at <address> in relation to Yakovlev A.V. a criminal case was initiated under Part 1 of Art. 157, part 1 art. 157 of the Criminal Code of the Russian Federation.

Thus, Yakovlev A.V., registered and residing at the address: g <address>, <address>, during the period from DD.MM.YYYY (from the day following the day of the previously imputed period in the criminal case) according to DD .MM.YYYY, does not pay funds for the maintenance of his minor daughter.

During the period from DD.MM.YYYY (from the day following the day of the previously imputed period in the criminal case) according to DD.MM.YYYY, Yakovlev A.V., being the parent of a minor child, in violation of the requirements of Part 2 of Art. 38 of the Constitution of the Russian Federation and Art. 80 of the Family Code of the Russian Federation, establishing the obligation of parents to support their minor children, knowing reliably about the obligation imposed on him by the court to pay alimony, as well as the initiation of DD.MM.YYYY <address> ROSP FULL NAME1 at <address>, on the basis of a writ of execution in case No. from DD.MM.YYYY, issued by the Magistrate of the court district No. <address>, according to which he is obliged to pay alimony in favor of FULL NAME9 for the maintenance of his minor daughter - Victim No. 2, DD.MM.YYYY year of birth, in the amount 1/6 of earnings and (or) other income, monthly, starting from DD.MM.YYYY and until she reaches the age of majority, enforcement proceedings were initiated No., the court decision was not executed. During the execution of enforcement proceedings No., it was established that on the basis of Law No.-OZ dated DD.MM.YYYY “On the transformation of municipalities of the urban district “City <address>” and the urban settlement “<address>” was annexed to <address> . DD.MM.YYYY enforcement proceedings were transferred to the OSB at <address> <address> of the Federal Bailiff Service of Russia at <address>. DD.MM.YYYY enforcement proceedings were accepted for execution and a new registration number No. was assigned.

As a result of non-payment of funds by Yakovlev A.V., in violation of a court decision, for the maintenance of a minor daughter - FULL NAME12, DD.MM.YYYY year of birth, in the period from DD.MM.YYYY (from the day following the day of the previously imputed period under the criminal case) on DD.MM.YYYY, a minor victim - Victim No. 2 suffered property damage in the amount of 33,253 rubles 48 kopecks. The debt was calculated in accordance with Art. 113 of the Family Code of the Russian Federation.

Defendant Yakovlev A.V. agreed with the said charge, admitted it completely, and after consultation with a lawyer, filed a petition for a verdict in a special trial procedure provided for in Chapter 40 of the Code of Criminal Procedure of the Russian Federation.

The state prosecutor, defense attorney, and legal representatives of the minor victims agreed with the petition of Yakovlev A.V. on the pronouncement of a sentence in a special trial procedure provided for in Chapter 40 of the Code of Criminal Procedure of the Russian Federation.

The court found that the said petition was filed by Yakovlev A.V. voluntarily, after consultation with the defense lawyer and the defendant is aware of the consequences of passing a sentence without a trial, therefore the court granted the defendant’s request and decided to apply a special procedure for making a judicial decision, provided for in Chapter 40 of the Code of Criminal Procedure of the Russian Federation.

The court comes to the conclusion that the accusation, which the defendant A.V. Yakovlev agreed with, is justified and confirmed by the evidence collected in the criminal case, and therefore makes a guilty verdict.

When sentencing a defendant, the court takes into account the nature and degree of public danger of the crime committed, the identity of the perpetrator, mitigating circumstances, as well as the impact of the imposed punishment on the correction of the convicted person and on the living conditions of his family.

Yakovlev A.V. We were previously convicted of a crime of minor gravity, committed two crimes of minor gravity, fully admitted guilt, are characterized satisfactorily at the place of residence, and have a number of diseases.

A circumstance mitigating the punishment of Yakovlev A.V. is the full admission of guilt and his illness.

The court does not recognize the presence of minor children as mitigating circumstances, since Yakovlev committed a crime against his children.

The court does not see any circumstances aggravating the punishment of A.V. Yakovlev.

Taking into account the above, in order to restore social justice, as well as in order to correct the convicted person and prevent the commission of new crimes, the court sentences the defendant for the crime committed in the form of correctional labor, and does not see any grounds for applying Articles 64, 73 of the Criminal Code of the Russian Federation, since this will not contribute to achieving the goals of punishment; the final punishment is imposed by the court according to the rules of Art. 70 of the Criminal Code of the Russian Federation, by partially joining to the imposed punishment, the unserved part of the punishment by the verdict of the Magistrate Court of the judicial district No. <address> of the judicial district <address> from DD.MM.YYYY.

Based on the above, guided by Articles 307-309, 314-317 of the Code of Criminal Procedure of the Russian Federation, the court

SENTENCED:

Yakovlev Alexander Vladimirovich

found guilty of committing crimes under Part 1 of Art. 157, part 1 art. 157 of the Criminal Code of the Russian Federation, and assign him punishment:

- according to Part 1 of Art. 157 of the Criminal Code of the Russian Federation in the form of 10 months of correctional labor with the deduction of 5% from the wages of the convicted person to the state income,

In accordance with Part 2 of Article 69 of the Criminal Code of the Russian Federation, for the totality of crimes, appoint Yakovlev A.V. punishment of 1 year 6 months of correctional labor with deduction of 5% from the convict’s salary to state income.

On the basis of Article 70 of the Criminal Code of the Russian Federation, partially add to the imposed punishment the unserved punishment by the verdict of the Magistrate Court of the judicial district No. <address> of the judicial district <address> from DD.MM.YYYY, finally appointing Yakovleva A.V. punishment of 1 year 7 months of correctional labor, with 5% withheld from the convict’s salary to state income.

The preventive measure for Yakovlev A.V., until the sentence enters into legal force, is not to be chosen.

The verdict can be appealed to the regional court within 10 days from the date of proclamation, through the court that decided the verdict, in compliance with the requirements of Article 317 of the Code of Criminal Procedure of the Russian Federation. The verdict cannot be appealed on appeal on the grounds provided for in paragraph 1 of Article 389.15 of the Code of Criminal Procedure of the Russian Federation. When filing an appeal, the convicted person has the right to petition for his participation in its consideration by the appellate court, which he must indicate in his appeal.

Chairman: Yu.G. Kravchenko

Third commentary to Article 113 of the Criminal Code of the Russian Federation

1. The disposition of the article is of a referential nature, since we are talking about the infliction of previously studied types of harm to health, which are covered by Art.
Art. 111 and 112 of the Criminal Code. But the objective side contains an important mandatory feature - a situation that is characterized by negative, illegal or immoral behavior of the victim. 2. The subjective side also includes another mandatory feature - the special emotional state of the perpetrator. It acts in a state of physiological affect, i.e. sudden strong emotional disturbance. The signs of such a condition have been carefully analyzed in relation to Art. 107 of the Criminal Code, and there is no need to repeat them. 3. It is important to take into account that this provision contains a privileged corpus delicti, which provides for mitigating circumstances. Firstly, this concerns the age of criminal responsibility, which is possible when a person reaches the age of 16 years. Secondly, a special role is given to the figure of the victim. His behavior is regarded as a provoking factor, so the intent of the perpetrator can be direct or indirect, but only suddenly arisen. The latter circumstance gives the right to speak about the impossibility of classifying the actions of the perpetrator as an attempt to cause harm to health of this severity. ‹ Article 112. Intentional infliction of moderate harm to healthUp Article 114. Infliction of grievous or moderate harm to health by exceeding the limits of necessary defense or by exceeding the measures necessary to apprehend the person who committed the crime ›

What does a state of affect mean?

Responsibility for committing crimes in a state of passion is provided for in two articles of the Criminal Code of the Russian Federation - 107 and 113. The norms of these articles are called privileged, since the punishment for committing an unlawful act in a state of extreme mental excitement will be significantly less than for similar crimes committed in a normal mental state .

Severe emotional disturbance is a condition characterized by rapid development, emotional turmoil, lack of control over a person’s actions, narrowing of consciousness, etc. Moreover, in addition to the sudden emergence of negative emotions in a citizen, the victim must, through his provoking behavior, help bring the perpetrator into a state of passion. This can happen with insult, immoral actions, psychological or physical violence. Also, emotional disturbance can arise as a result of a long-term psychologically traumatic situation that occurs as a result of the actions or inaction of the injured person. Often, a psychological or psychological-psychiatric examination may be required to confirm the state of affect.

It is important to note that the court will consider that a person acted in a state of passion only when there was no time gap between the emotional excitement and the provoking behavior of the victim.

In medicine, a state of affect is called a temporary mental disorder, since during anxiety a person is not deprived of the ability to understand his actions, but the ability to exercise self-control and evaluate the significance of decisions made is lost.