Torture: Article 117 of the Criminal Code of the Russian Federation in 2022

Human cruelty is not subject to time, the development of civilization, or the spread of tolerance.

Despite everything and without fear of responsibility, people continue to mock each other. In criminal law, such actions are called torture (Article 117 of the Criminal Code of the Russian Federation).

They can be carried out either in the form of physical coercion or in the form of exerting moral pressure or bullying.

But such behavior always pursues a very specific goal - an incentive to commit certain actions or a desire to punish a person.

What is torture?

Art. 117 of the Criminal Code of the Russian Federation in the first part defines the concept of torture.

Torture is the systematic infliction of beatings or other violent actions with the aim of causing physical or mental suffering, if these actions did not lead to consequences in the form of causing serious or moderate harm to health.

Simply put, it is bullying, an act of cruelty towards another person that occurs more than once.

If, nevertheless, as a result of torture, moderate or severe harm to the victim’s health was caused, these actions will be qualified under Art. 111 or art. 112 of the Criminal Code of the Russian Federation.

Actions that fall under the concept of torture must involve repeated or prolonged infliction of pain.

Everyone understands what beatings are, but what the legislator put into the concept of “other violent actions” needs to be deciphered.

So, other violent actions include:

Section;
Pinching;
Biting;
Blocked breathing;
Causing small but multiple injuries with sharp or blunt objects;
Impact of temperature factors;
Application of electric current;
Actions of an offensive nature;
Torture of genital organs;
Deprivation of food or water, etc.

In a word, torture is various types of torture that actually do not cause tangible harm to a person’s health, but cause him physical or moral suffering.

What is the goal of the torturers?

The goals of the torturers are varied, but they always take place. Without a purpose, simply committing torture will not be qualified under the article “Torture.”

In Art. 117 of the Criminal Code of the Russian Federation, the legislator indicated that torture is committed in order to induce actions contrary to the will of a person.

In case of several episodes of beating of one victim with a significant gap in time, his actions will not be considered systematic torture.

The purpose of torture may be:

Obtaining certain information (trade secrets, password from a safe deposit box, etc.);
Extorting a confession of something (stealing money, treason, etc.);
Compulsion to perform certain actions (signing documents, issuing a passport, etc.);
Perverted fantasy or sexual dissatisfaction (in the case of genital torture);
Mental disorders of the criminal.

Often it is mental disorders that become the basis for such behavior. A sick person is not aware of why he should commit torture, but cannot resist the disease.

Bringing to criminal liability under Article 282 of the Criminal Code of the Russian Federation

Section X of the Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation) is devoted to responsibility for committing crimes against state power.

In particular, Article 282 of the Criminal Code of the Russian Federation establishes liability for inciting hatred or enmity, as well as humiliation of human dignity.

The object of the crime provided for in Article 282 of the Criminal Code of the Russian Federation is public relations that develop regarding the protection of the constitutional system, the political system and security of the Russian Federation, the rights and freedoms of man and citizen and ensure the prevention of activities aimed at inciting hatred or enmity, as well as humiliating human dignity or groups of persons based on gender, race, nationality, language, origin, attitude to religion, as well as membership in any social group.

The objective side of the crime is to exert an active influence on people, aimed, firstly, at inciting hatred, i.e. strong persistent hostility towards an individual or group of persons, secondly, to incite hostility, i.e. hatred between groups of people, and, thirdly, to humiliate the dignity of an individual or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as membership in any social group.

Inciting hatred is intended to cause a long-term state of acute mutual hostility towards an individual or between significant groups of people and can be expressed, for example, in obstruction of national or religious rituals, destruction of religious buildings, genocide, mass repressions, deportation, and other illegal actions.

Inciting hostility can be expressed in disdainful, hostile and aggressive treatment of people based on their nationality, race, origin or social status, mockery of the culture, customs and traditions of a nation.

Humiliation of the dignity of an individual or group of persons can manifest itself in the promotion of superiority or, conversely, inferiority of citizens, as well as in insulting a person on the basis of his gender, race, nationality, language, attitude to religion, or membership in any social group.

A mandatory feature of the crime under comment is that the actions specified in the article must be committed publicly or using the media or information and telecommunication networks, including the Internet.

The subjective side is direct intent.

According to the resolution of the Plenum of the Armed Forces of the Russian Federation dated November 3, 2016 No. 41, the crime provided for in Article 282 of the Criminal Code of the Russian Federation is committed only with direct intent and with the aim of inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, belonging to any social group.

The subject of the crime is a sane individual who has reached the age of 16.

Posting by a person on the Internet or other information and telecommunications network, in particular, on his page or on the pages of other users of material (for example, video, audio, graphic or text) created by himself or another person, including information, previously recognized by the court as extremist material, can be qualified under Article 282 of the Criminal Code of the Russian Federation only in cases where it is established that the person who posted such material was aware that the act was aimed at violating the foundations of the constitutional order, and also had the goal of inciting hatred or enmity or humiliating the dignity of a person or groups of persons based on gender, race, nationality, language, origin, attitude to religion or membership in any social group.

The corpus delicti is formal. The crime is completed from the moment of commission of at least one action aimed at inciting hatred or enmity, as well as at humiliating the dignity of a person or group of persons on the basis of their belonging to a certain gender, race, nationality, language or depending on their origin, attitude to religion, affiliation to any social group.

The above acts are punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor for a period of one to four years with deprivation of the right to hold certain positions or engage in certain activities. activities for a term of up to three years, or imprisonment for a term of two to five years.

Part 2 of Article 282 of the Criminal Code of the Russian Federation provides for the qualifying elements of a crime: the commission of an act with the use of violence or the threat of its use, by a person using his official position, by an organized group.

The use of violence or the threat of its use refers to both physical and mental violence (threat), as a result of which moderate or minor harm to the health of at least one person was caused, as well as any other violent actions not related to causing harm to health, unless they contain elements of a more serious crime. In the event that violence led to the murder of the victim or the infliction of grievous bodily harm, the act should be classified as a set of crimes.

It should be borne in mind that violence, violence used in the commission of a crime under Article 282 of the Criminal Code of the Russian Federation, is not only an expression of hatred towards a specific victim, but is also aimed at achieving a special goal - inciting hatred or enmity in other people (about which, for example, it may indicate the use in public places in the presence of strangers of violence against the victim(s) on the basis of belonging to a certain race or nationality, accompanied by racist or nationalist statements (clause 9 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated June 28, 2011 No. 11).

Persons using their official position include, in particular, officials who have the characteristics provided for in Note 1 to Article 285 of the Criminal Code of the Russian Federation, state or municipal employees who are not officials, as well as other persons who meet the requirements provided for in Note 1 to Article 201 of the Criminal Code of the Russian Federation.

A qualifying feature is also the commission of a crime by an organized group, i.e. a stable group of persons who have united in advance to jointly commit one or more crimes.

The above acts are punishable by a fine in the amount of three hundred thousand to six hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor for a period of two to five years with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to three years, or imprisonment for a term of three to six years.

Composition and types of this crime

The qualifying signs of torture, which are types of classification of this crime, are presented in Part 2 of Art. 117 of the Criminal Code of the Russian Federation. A crime under the Criminal Code of the Russian Federation is recognized as a serious act.

Types of torture

Torture can occur either in the usual form, or have aggravating circumstances. The legislator indicated these circumstances in Art. 117 of the Criminal Code of the Russian Federation the following types of torture:

Committed against two or more persons;
In relation to a person or his relatives, if this person performed official duties or performed a public duty;
Committed against a woman who is known to be pregnant;
When the victim was a minor;
When the victim was in a helpless state or was dependent on the defendant;
In relation to a captured hostage;
Using torture;
Completed for hire;
Committed by a group of persons or an organized criminal group in conspiracy;
The committed act was based on political, national, racial, and religious motives;
Committed out of hatred or hostility towards a particular social group.

Some episodes of a criminal act may combine several types of qualifications . For example, torture was committed against a pregnant girl who was dependent on the criminal, using torture.

The corpus delicti under Art. 117 of the Criminal Code of the Russian Federation

The corpus delicti under this article similarly consists of four elements. The composition looks like this:

The object of the crime is public safety, the physical and psychological health of the victim, as well as his freedom.
The objective side of the committed act presupposes the methods of committing the crime. To commit torture, the criminal will necessarily use any instruments of crime: knives, sticks, stun guns, asphyxiants, etc.
The subject of the crime will be a sane person who has reached the age of 16 years.
The subjective side of the act presupposes the motives of the torturer (his beliefs, selfish goals, mental or sexual disorders, family conflicts, etc.).

Often such crimes caused serious damage to the moral health of the victims..

Humiliating torture can cause depression, addiction to alcohol or drugs, and suicide. Therefore, it is the moral aspect that underlies the classification of this act as a serious crime.

Kinds

From the point of view of the Association of Psychologist, bullying is a form of behavior of an aggressive nature in which a person is intentionally repeatedly/singlely caused injury or discomfort. It can be verbal, take the form of rough physical contact, or be a complex of smaller related actions. Among them in the modern world are:

Physical (interaction that causes harm, physical suffering). These are actions simulating violence (pushing, tripping, throwing objects, hitting, etc.), as well as extortion, rape, sexual harassment, provocation, and domestic violence.
Material (use of formal power, official position);
Verbal (threats, abuse, negative judgments and criticism, etc.).
Hidden (aggressive passive) bullying (offensive jokes, sarcastic statements, obscene gestures, gossip, ridicule, causing embarrassment and uncertainty, etc.).
Cyber-bullying (carrying out aggression through text messages, messages, videos, online discussions on social networks, email, and other digital means of transmission without direct physical access to the victim).

The Criminal Code provides for liability and the inevitability of punishment in cases where serious or moderate harm to health is caused.

Criminal penalties for torture

For a serious crime, the punishment will also be significant, associated with actual imprisonment. Torturers really pose a great danger to society and should be isolated from it.

According to Art. 117 of the Criminal Code of the Russian Federation, ordinary, without aggravating circumstances, torture is punishable:

Restriction of freedom up to 3 years;
Forced labor for up to 3 years;
Imprisonment for up to 3 years.

If there are aggravating circumstances of the crime committed, the punishment should be imprisonment for a period of 3 to 7 years.

The legislator does not provide for any other punishment for torture.

The essence of the concept

Bullying is an act of intentional harm done through physical tyranny, verbal intimidation, moral humiliation, coercion and manipulation. Most psychologists are inclined to believe that a pattern of aggressive behavior can appear in childhood due to improper upbringing or lack thereof.

In fact, the main forms of bullying are:

verbal abuse;
intimidation using physical force;
offensive evil mockery;
an act of an offensive nature;
psychological aggression;
behavior that causes moral damage.

Typically, the initiators of bullying are people with a tendency to demonstrate superiority, dominance, control, with an authoritarian character, prone to a rapid transition from a calm state to anger, the use of physical force and aggressive forms of behavior. As a rule, people from close circles (classmates, relatives, neighbors, co-workers) are bullied.

What is the torture of Art. 117 of the Criminal Code of the Russian Federation differs from beatings, Art. 116 of the Criminal Code of the Russian Federation?

Torture and beatings are two similar crimes, which even in the Code are given adjacent places. However, these acts are not identical, but have a number of significant differences.

Battery is a less serious crime than torture. The main differences between these two crimes are as follows:

The beatings are episodic, and the torture is systematic;
Beatings cause only physical harm to the health of the victim, which is subsequently assessed by a medical expert, while torture causes both physical and moral harm;
The maximum penalty for beating is 2 years in prison, and for torture a person can go to jail for 7 years;
The motive for beatings most often lies in hooligan motives, and torture is committed with the aim of deliberately humiliating a person or to satisfy selfish motives;
During beatings, standard instruments of crime are used - knives, sticks, and during torture, sophisticated ones are used in the form of electric shockers, torture devices, and asphyxiants.

In general, beatings are most often decriminalized and qualified under Art. 6.1.1 Code of Administrative Offenses of the Russian Federation . As a rule, it occurs during family quarrels and domestic conflicts. Much less often, beatings lead to significant harm to a person’s health.

What articles include beating a person?

In the Russian Criminal Code there is article No. 116, which is called “Beatings”. This concept is defined as striking different parts of the body for hooligan reasons. The reasons may be national enmity, racial hatred, and other factors.

Beatings can be inflicted by simply drunk or inappropriate citizens “just like that,” without any reason. An undoubted sign of beating is the violent nature of the act and the physical pain suffered by the victim. In the Criminal Code, in addition to Article 116, there are other articles that talk about beating a person, that is, beatings.

According to the law, the degree of harm can be mild, moderate or severe. There are separate clauses about harm of varying severity, caused in a state of passion and through negligence. In almost every article there is such a factor as beatings, the difference is only in the degree of severity. There are about a dozen articles related to the beating in one way or another.