All current features for 2022 of Article 105 of the Criminal Code of the Russian Federation - murder of a person

Harm caused to a person resulting in death is recognized as one of the most serious offenses in the criminal code. The punishment of the perpetrator depends on the circumstances of the incident and the reasons that prompted him to commit illegal actions. Based on the severity of the crime, as well as taking into account the influence of external factors and the state of health of the defendant, Article 105. Murder of the Criminal Code of the Russian Federation provides for different terms of imprisonment. They give from 6 to 15 years for killing a person. If the circumstances of the crime are characterized by particularly cruelty, life imprisonment is imposed.

Age of convicts and degree of responsibility

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Regardless of age, the perpetrator must be punished for the offenses committed. Minors are liable to the fullest extent of the law from the age of 16 (Article 20 of the Criminal Code). If a minor has committed a particularly serious crime with a number of aggravating factors, punishment is imposed from the age of 14.

The court is more loyal to persons under the age of majority, but if the crime includes scenes of particular cruelty, the punishment is imposed under “adult” articles. The perpetrators are sent to juvenile detention centers, where they engage in community service. In these types of correctional institutions, psychologists and social service workers work with prisoners.

Courts do not consider fines or correctional labor as a measure of restraint when committing particularly serious offenses. The penalty for taking life by negligence or intentionally is a prison sentence. In cases of mentally ill patients, compulsory treatment in special institutions followed by transfer to a colony.

Short description

Murder, like any other crime, is covered by a separate article of the Criminal Code. Article 105 is responsible for it. It is unique because it describes the crime itself.

Before this, only provisions, definitions, etc. were written down. Also, this article has 2 parts, which contain many subparagraphs.

Comments to Article 105 (with explanations):

The victim of the above actions and the victim may be different people. For example, when a person dies who tried to prevent a murder.

Currently, no amendments to Article 105 of the Criminal Code have been approved. But the State Duma is considering a bill that will amend Article 105.

According to it, they want to release:

However, the final decision has not yet been made. According to the Code of Administrative Offenses, persons over 16 years of age are subject to liability.

Part 1

The first part of Article 105 of the Criminal Code of the Russian Federation is short. Its main purpose is to define the term “murder”.

According to the article, this is the deliberate violent deprivation of a citizen’s life. The fact of murder must be proven.

That is, if a person was killed by a criminal accidentally or under indirect influence, such an act will not be considered murder. The first part examines an ordinary murder without specific features.

If a crime is committed against one's own life, it will not be punished criminally. Such a citizen will not be held accountable.

Part 2

The second part examines other types of murders. It is divided into the following subsections:

• murder of two or more citizens;
• murder of a minor who was obviously in a helpless state;
• taking the life of a pregnant woman;
• committing murder in a generally dangerous manner;
• because of revenge, enmity;
• murder that was committed by a group of persons in conspiracy;
• deprivation of a person's life for selfish reasons, associated with robbery, extortion; hooliganism, fraud;
• for political and ideological reasons.

These crimes are punishable by imprisonment with subsequent restrictions.

Classification of murders

Offenses that resulted in the death of the victim under various circumstances are divided into types. The criminal code contains sections that take into account the factors of the crime committed. When passing a verdict, the courts consider each case separately, based on the Criminal Code classifier:

• Ordinary murders. These include fights, illegal acts of retaliation, as well as acts committed on domestic grounds and resulting in the death of the victim. The period of imprisonment varies from 6 to 15 years.
• Crimes with aggravating factors. Includes actions committed with cruelty and cynicism, by prior conspiracy, that pose a threat to the public. Preventive measure: 8-15 years of strict regime. Additional negative factors lead to life imprisonment.
• Privileged atrocities. They are carried out by mentally unbalanced subjects. This category also includes murders due to negligence that do not pose a threat to others. The punishment in such cases is up to 2 years in prison.

When passing a sentence, judges also take into account a number of circumstances:

Confession when committing murder

Confession and assistance in the investigation can also be considered as a mitigating circumstance, however, in this case, the guilty person will have to take active actions aimed at assisting law enforcement agencies or the court in establishing all the accompanying factors of the crime (including searching for and bringing to justice other criminals ).

The court is also given the right to independently determine the list of additional mitigating factors not listed in Art. 61 of the Criminal Code of the Russian Federation. This allows the defense to use any evidence aimed at facilitating the fate of the defendant during the trial.

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Types of crimes and terms

Any violation of human rights entails criminal liability. Deprivation of life is one of the most serious crimes and is punishable in accordance with the legislation of the Russian Federation with a prison term of varying lengths. Each type of crime falls under a special article, and the period and severity of liability depends on it and accompanying factors.

Premeditated murder

Article 105 of the Criminal Code of the Russian Federation, part 2. Punishments for offenses of this kind are considered based on many factors. The preventive measure is prescribed for a period of 8 years and above, up to life imprisonment. The court's decision is influenced by the method of injury, the age of the victim, the degree of danger of the act to the public and other aggravating circumstances. The following categories of offenses fall under the article of premeditated murder:

• Death of several people as a result of criminal acts.
• Deprivation of life of a person in the performance of duties.
• Offenses committed against minors, kidnappings leading to the death of the victim.
• Violent actions against a woman in a position that led to her death.
• Murders committed with extreme cruelty.
• Deprivation of life by a method that is potentially dangerous for a large number of people.
• Hooliganism resulting in the death of the victim.
• Sexual violence, abuse of a person, resulting in death.
• Murders committed for religious and political reasons.
• Mortal harm inflicted on a person for personal gain.
• Using the victim's body for profit (selling donor organs).

The preventive measure for all of the above atrocities ranges from 8 to 15 years. For the sale of human organs, life imprisonment is imposed, and in especially severe cases, the death penalty.

Capital punishment or the death penalty is reflected in the Constitution of the Russian Federation, but cannot be applied due to the ban. If convicted, commuted to life imprisonment. The moratorium can be lifted at any time.

Murder of a newborn by a mother

Article 106 of the Criminal Code of the Russian Federation. A crime committed by a woman against her child is punishable by 2 to 5 years, depending on the mental state of the mother at the time of the crime. If the examination shows the presence of mental disorders after or during labor, a preventive measure of 2-3 years is prescribed. If the check shows that the woman is healthy and fully aware of her actions, then punishment is considered under Article 105 of the Criminal Code - premeditated murder. In court, aggravating factors, if any, are taken into account, and the punishment is imposed to the fullest extent. Prisons and colonies for women have special conditions of detention; a strict regime is not applied to them. https://www.youtube.com/watch?v=jaGb5lu1LHs

Damage caused by inadequate condition

Article 107 of the Criminal Code of the Russian Federation. Severe irritation, expressed by loud screams, incoherent speech, extreme movements, lack of control over oneself and one’s actions, is called a state of passion. A person does not realize the consequences of what is happening and does not remember himself at these moments. An emotional background of this kind arises as a result of bullying and insults, severe mental trauma. A crime in an uncontrolled state is punishable by imprisonment for up to 3 years, but only if a forensic medical examination has proven the defendant’s insanity.

Excess of self-defense

Article 108 of the Criminal Code of the Russian Federation. Any excessive form of self-defense that results in the death of an opponent is punishable by imprisonment for 2 years. When detaining offenders, exceeding the necessary measures may result in imprisonment for 3 years for internal authorities.

Murder by negligence

Article 109 of the Criminal Code of the Russian Federation. An unintentional precedent, arising as a result of frivolity or inattention and leading to the death of a person, is considered from several angles. If the culprit was on duty, a preventive measure is imposed in the form of restriction of freedom for a period of 3 years with mandatory release from his position. In the case of a fatal mistake resulting in death, the imprisonment time is reduced to 2 years suspended or de facto.

Drive to suicide

Article 110 of the Criminal Code of the Russian Federation. Threats, cruel treatment, systematic humiliation, resulting in suicide or an attempt to commit it, are punishable by imprisonment from 2 to 6 years. In cases where the act is committed in relation to a minor, a pregnant woman, a group of people or the public in a public form (performances on stage, the media, the Internet), the time of serving the sentence increases, from 8 to 15 years.

The circumstances of the murder and the condition of the killer

The second part of Article 105 lists the main types of murder, including the most serious: the deprivation of life of a pregnant woman, helpless minors, committed with rape, for the use of human organs. For all these acts, the law establishes punishment from 8 to 20 years in prison, or life imprisonment.

Other articles dealing with causing death (106–109) describe various circumstances in which a person's life was taken. In addition, the physical and moral condition of the killer is of great importance. Taking these factors into account, the court determines the punishment.

There is another crime close to murder - incitement to suicide, inducement to it, assistance in such an act, for which they are also severely punished, no matter how many excuses the criminal comes up with. Other crimes against human life and health include:

• causing grievous harm intentionally and through negligence;
• beatings and torture;
• HIV infection;
• coercion to remove internal organs of people and others.

However, the most serious is the deliberate planned murder of a person, which is also called qualified. No mitigating circumstances will help here, and the punishment will be the most serious. The perpetrator may face life imprisonment and the statute of limitations will be lifted.

Statute of limitations for murder

The category of the act committed has a direct impact on the statute of limitations. Article 78 of the Criminal Code of the Russian Federation states: a criminal case can be closed after 2, 6, 10, 15 years. The latter maximum term applies to aggravated murders.

If the act is recognized by the court as particularly dangerous, then the period of limitation is not considered. This applies to crimes for which the death penalty and life imprisonment are imposed.

The relatives of the deceased can cancel the statute of limitations by filing an appeal to the highest courts.

Issues of determining the amount of sanctions

In the process of determining the amount of the sanction, the court will have to qualify in detail the actions of the guilty person; for this purpose, the following circumstances must be established:

1. how many people died from the actions of the perpetrator;
2. the age of the victim and the offender;
3. the nature of the act committed (whether there was a sign of particular cruelty);
4. what method was used in the process of violent deprivation of life (a generally dangerous method is a qualifying method and entails a more severe punishment);
5. the presence of other motives and motives of the guilty person.

For the application of punitive sanctions under this provision of the law, the weapon of murder does not matter, with the exception of a generally dangerous method of deprivation of life. For example, taking a life with a knife or a gun will have the same legal consequences.

Establishing aggravating and mitigating circumstances will be important for assigning a final sanction for the composition in question. Identification of the following mitigating factors will allow the court to impose minimum terms of imprisonment:

1. commission of a criminal act by a minor;
2. the woman is pregnant or is raising a young child;
3. the wrongfulness of the actions of the deceased himself.
4. difficult life circumstances, as well as other factors regulated by Art. 61 of the Criminal Code of the Russian Federation.

Ambiguity in the definition of motive

The motive of a crime is the reason that prompted the perpetrator to commit a criminal act aimed at achieving a specific goal (the murder of two or more persons).

The main problem in determining the motive for a murder is that it is not always possible to unambiguously establish the reasons for the crime. In addition, motivation in the process of committing illegal actions may undergo changes.

Another factor complicating the disclosure of the true reasons for the crime may be different motives united by one crime (for example, when several people are killed with a firearm). The motive acts as an independent characteristic of the subjective side of the offense, while qualifying one incident with different motives under paragraph “a”, part 2 of Art. 105 of the Criminal Code of the Russian Federation, one of them is not taken into account or is included in the murder to which it is not related.

The intent in a crime for the same motive may differ. So, one person can be killed by direct intent, the second - by indirect intent. If several persons are deprived of life by different actions and for different reasons, the act cannot be considered as a single thing and is classified according to the totality of crimes.

Difficulties in qualifying the incident under clause “A”, part 2 of art. 105 of the Criminal Code of the Russian Federation

The murder of two or more persons implies the presence of complex characteristic features of the crime, which complicates its qualification. The practical application of legal norms in this case has many contradictions and is sometimes unfair. For example, serial murders cannot be classified under Art. 105, paragraph “a”, part 2 of the Criminal Code of the Russian Federation, since the actions of the perpetrator have a large time interval, and there is also no single intent.

To correctly qualify this type of crime, specialists carry out an examination of the subjective side of the incident in order to clearly determine the sequence of actions of the offender, as well as his true intentions regarding the victims.

To establish the fact of the murder of several persons, corresponding to paragraph “a”, part 2 of Art. 105 of the Criminal Code of the Russian Federation, you need to find out:

1. Was there a common intention to kill several people even before the incident?. This means that it is necessary to find evidence of the targeted killing of several persons by a perpetrator who was aware and desired such a result of his actions (or allowed it).
   Important! The intent must arise before the first murder is committed. In order to establish the intention of the criminal, the motive for the crime is also considered. This factor does not influence the qualification of the crime.

   The key point is the goal - killing several people. If intentions towards each victim appear independently of each other, the actions are defined as deprivation of life in the aggregate (Part 1 of Article 105 of the Criminal Code of the Russian Federation) regardless of the time interval.

   Read also:  Article 107. Murder committed in a state of passion
2. Was the crime committed simultaneously or over a short period of time?.
   Time frames are considered individually depending on the circumstances of the case. In practice, most often the interval between crimes should not exceed three to four hours.

   Determining the attribution of a criminal act becomes difficult when the circumstances of the case are not fully clarified, and the characteristic features of the offense under another part of the article are visible. In such a situation, attention should be paid to the main signs of murder.

   Such a crime as the deprivation of life of a woman who is in a state of pregnancy (regardless of the period) is considered according to a separate norm - paragraph “d”, part 2, art. 105 of the Criminal Code of the Russian Federation. When qualifying, the following are also taken into account:

   • the identity of the victims (for example, those in government service); whether the occupation became the cause of illegal actions;

   the presence of a threat to public safety during the commission of a crime; if such occurs, the act is considered in conjunction with paragraph “e”, part 2 of Art. 105 of the Criminal Code of the Russian Federation – murder by a generally dangerous method.