How many years in prison do you get for killing a minor?

Murder is defined by law as the taking of the life of another person. For such a crime, people receive long prison sentences, up to life. Cases related to causing death are regulated by the Criminal Code of the Russian Federation; when such acts are committed, a criminal case is initiated against the perpetrator. Any situation in this part of the law has many nuances that depend on the specific case. If a citizen did not even commit a murder, but, for example, was a witness, he needs a qualified lawyer.

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General concepts

It is generally accepted that murder or any other crime is always deliberate immoral acts committed by mentally ill people to one degree or another.

Yes, it is the mentally ill, since a healthy person who grew up in a prosperous family, received an education and leads a normal lifestyle will never break the law.

However, every person, even the most kind, honest and well-mannered, alas, can commit a crime in a state of passion. What is it?

In judicial practice, affect is a strong negative impulse, in other words, an attack of hatred that overcomes a person for some reason, as a result of which he does terrible things. In all other respects, murder committed in a state of passion can be described as any other crime of this type:

• There is complete consciousness here. Before the onset of that very state of passion, the criminal did not want to kill anyone. The emotions that captured him (fear, grief, horror, fright, etc.) established control over the mind. The man, as if under hypnosis, stopped thinking sensibly, but at the same time he had a fixed idea - to kill the object of his hatred. It is worth noting that Russian Legislation also considers another option. If the convicted person did not want to kill his victim, but only wanted to maim, punish or beat him, other articles are used to punish him, which do not contain the term “murder”. But in Soviet laws, such crimes were punished under a single article.
• Ultimately we see the death of the victim. If, in a state of passion, the criminal wanted to kill a person, but failed, then the case will be considered under the article of attempted murder.

Murder by exceeding the limit of necessary self-defense

Such criminal cases are considered in cases where the defendant needed to protect his life and the lives of loved ones from the actions of the murdered person. However, at a certain moment, he went beyond the limits of acceptable, necessary self-defense, thereby depriving the criminal of his life.

Most often encountered in judicial practice:

1. Knife wounds;
2. Strong blows;
3. The use of improvised means, the injuries from which are incompatible with life.

Therefore, if a person is attacked, he must soberly assess the situation, and if the actions of the attackers pose a threat to his life, then he has the right to self-defense. However, you cannot respond to blows with the use of piercing objects, firearms, or inflict a number of blows that do not correspond to protective measures.

The punishment for exceeding self-defense is correctional labor (up to two years), restriction of freedom for up to two years, imprisonment, also for up to two years.

Murder committed in a state of passion - liability under Article 107 of the Criminal Code of the Russian Federation

The most serious offense is the deprivation of life of a citizen

When considering such cases, the judge takes into account all the circumstances. Their differentiation makes it possible to apply the correct punishment

Murder in the heat of passion is a mitigating circumstance. Responsibility for such a crime comes under Art. 107 of the Criminal Code of the Russian Federation.

Download the Official text of the Criminal Code of the Russian Federation, Article 107

general information

The Criminal Code defines murder in an affective state as an act when there was a strong mental breakdown or excitement. This condition can be observed as a result of:

• violence;
• bullying;
• serious insult;
• other identical actions.

This condition should not be confused with others caused by:

• alcohol;
• narcotic substances.

Murder in a state of affect will mitigate guilt, but in a state of alcoholic intoxication it does not.

The difference between ordinary murder and taking the life of a person in a psychologically unbalanced state lies in the direct awareness of the act being committed.

When a person is in an affective state, he does not fully understand what he has done, and also does it without selfish motives.

Murder in a state of passion due to a state of mind cannot be carried out by a group of citizens by prior conspiracy, unlike ordinary murder.

An affective state mitigates the circumstances of a murder and allows one to reduce the sentence.

Such a crime cannot have any aggravating circumstances. Even a murder committed in a generally dangerous manner loses the standard corpus delicti. Such a murder is not planned from the beginning, and the person who committed such an act does not understand what he is doing.

Description of the normative act and penalties

Article 107 of the Criminal Code of the Russian Federation includes two points regulating punishment for murder committed during emotional disturbance resulting from violence:

Part 1 is used if one citizen is killed:

• correctional labor - 2 years;
• restriction of freedom, forced labor or imprisonment - 3 years.

Part 2 applies to the murder of two or more people:

• forced labor - 5 years;
• prison for the same period.

It turns out that the punishment for such an act depends on the surrounding circumstances of the case.

How to prove a state of passion

Since a poor state of mind or affect relates to a greater extent to psychiatry, special people are involved in their determination when conducting an examination. The presence of psychological agitation in the guilty person is qualified by the following criteria:

• incoherent speech;
• changes in consciousness and perception;
• apathy;
• lack of emotions;
• poor orientation in time.

Judicial practice includes many situations where there is disagreement with the examination. The insufficiency of signs of a state of passion is not considered a basis for recognizing the guilty person as a premeditated murderer. Additionally, it is possible to submit a request for a re-examination.

The state of passion is the recognition of a person as an insane person at that time, accordingly he is not subject to jurisdiction.

In practice, proving a person's insanity is quite difficult. Therefore, when trying a case, it is recommended to hire a good defense lawyer. The help of a lawyer will greatly simplify the task.

https://youtube.com/watch?v=vVbla1RZ6Dw%3Ffeature%3Doembed

The work of a qualified specialist is characterized by the following actions:

• Collection of information about the commission of a crime and the circumstances preceding it. The lawyer will have to prove the fact of the presence of bullying and violence against the person. Thus, he can easily prove the presence of a possible state of passion in the defendant.
• Identification from testimony of a description of the behavior of the accused citizen at the time of the crime. When defending, it is extremely important to determine the exact time when pressure was exerted on a person and the actual crime was committed.
• Only by identifying the fact that the guilty person had an affective state when committing a crime will a lawyer be able to competently defend the defendant. It is on this factor that the line of defense is built.

From the above diagram of a lawyer’s actions, it becomes clear to everyone that an ordinary person will not be able to competently build his defense on his own. When it is possible to mitigate the degree of liability, it is better to seek the help of a legally competent specialist.

Source:

"Simple murder", without aggravating

This category includes crimes related to the intentional and purposeful deprivation of a person’s life, the commission of which does not have qualifying features. Examples include:

• Domestic quarrels;
• Fights;
• Jealousy;
• Scandals and disputes, etc.

Such crimes are regulated by part one of Article 105 of the Criminal Code of the Russian Federation. According to statistics, they are resolved in the shortest possible time, since it is much easier to determine and highlight the motives, means, killer and all other persons.

As examples for each case, consider:

As we see, murder under Article 105 of the Criminal Code of the Russian Federation is not always a person’s personal desire to kill another. Sometimes, it can be regarded as indirect intent.

In a number of cases, it happens that a criminal, not wanting a person to die, nevertheless allows such an act or evades attempts to save a person, feeling his own benefit in his death.

Criminal liability for murder - the deprivation of a person's life - refers to punishments for especially serious crimes. Therefore, it will not be possible to avoid punishment for murder, and the following actions will not bring tangible benefits:

• Reconciliation with close relatives of the murdered person, or active repentance of the criminal for the crime committed will not allow the criminal proceedings to be terminated;
• It is impossible to resolve criminal cases without attracting witnesses and carefully studying all the evidence in the case, i.e. lack of opportunity to impose criminal punishment in a special, simplified manner;
• The statute of limitations for murder according to the Criminal Code of the Russian Federation is 15 years.
• There are practically no cases during which the trial took place in the absence of the defendant. Although the law allows such a solution to minor criminal cases, it is necessary to fulfill a number of conditions and rules.
• Almost always, the criminal punishment for murder is the deprivation of liberty of the accused in the form of detention (placement in prison);
• As a rule, female criminals end up in general regime prisons, and they are protected from being sent to lifelong prisons or penal colonies. Men are more often placed under a strict regime of serving a criminal sentence.

For murders, an amnesty is not allowed, namely, complete exemption from serving a criminal sentence.

Isolated cases of murder

There are several unique situations in which it is quite rare for ordinary citizens to be accused, but in order to have a full understanding of the terms imposed for murder, they also need to be taken into account. . The list of special articles can include:

The list of special articles can include:

Police officer

Such an offense is punishable by life imprisonment in accordance with the provisions of Article 317 of the Criminal Code. A similar penalty is provided for the murder of any other law enforcement officials.

By negligence

Liability for causing death by negligence is provided for in Article 109 of the Criminal Code. This circumstance implies that the person was deprived of life as a result of any unintentional actions on the part of the criminal

The punishment is up to two years in prison. If several people suffer at once, the punishment can be increased to four years.

In a state of passion

Affect, in accordance with current legislation, is a strong emotion, which can only be determined by an authorized expert.

The manifestation of this effect is caused by any immoral or illegal actions on the part of the victim, and in itself does not have a direct connection with the need to ensure one’s own protection.

Regulatory acts establish a list of situations in which affect may arise:

• violence;
• mockery;
• severe insults;
• other immoral acts;
• long-term psychotraumatic situation.

In this case, the term of imprisonment can be up to three years in the case of the death of one person or up to five years if we are talking about a group of people.

Exceeding the limits of self-defense

This situation provides for the existence of a justified need to provide protection when the perpetrator clearly exceeds it, as a result of which he takes the life of another person.

A standard example of this situation: stabbing a citizen after he swung, struck the killer lightly, or otherwise influenced him. The term of imprisonment in this case can be no more than two years.

Newborn

In accordance with current legislation, this crime is committed exclusively by mothers and carries imprisonment for up to four years.

The reason for this seemingly insignificant period is that immediately after childbirth, a huge number of serious changes occur in a woman’s body, including both hormonal and psychological.

This category only includes the murder of newborn children, that is, those who were born no more than 24 hours before the crime.

Several people

In the vast majority of cases, a group crime is considered deliberate, and in this case, in the sentencing process, it is not taken into account whether it was spontaneous or planned in advance.

This crime carries a prison sentence of eight years to life. In this case, the exact period will directly depend on the motives that will be determined by the court during the trial.

If a person commits a serial crime, then in this case the defendant will be punished for each individual action, while the term of imprisonment will ultimately be summed up for all articles providing for the corresponding responsibility.

Penalties for killing a person during arrest

Criminal legislation also prevents situations where the danger of murder comes from a police officer. Such cases occur when officials who are currently on duty in the performance of their duties try to detain an attacker while committing a crime.

If such a situation occurs - the criminal died during arrest, then the police officer will not be charged, but there is one nuance in this case. Regardless of the situation, all the circumstances of the case are established and the details are clarified.

If the investigation proves that it was not necessary to kill a person, then the official may be charged under Article 108 of the Criminal Code. Based on its provisions, the punishment for the culprit of the incident is determined:

• restriction of freedom;
• correctional work;
• inability to be released for up to three years.

The legislation and regulatory framework in all cases protects the interests of not only officials, but also citizens whose rights were violated during the incidents.

Legislation

This topic corresponds to Article 107 of the Criminal Code of the Russian Federation, which is called: “Murder committed in a state of passion.”
In accordance with it, a sentence is passed on the one who, in a “spiritual impulse,” caused the death of another person. First of all, it is worth highlighting the main thing - a state of passion is not a mental disorder.

A person almost completely loses control over his own anger, but still remains sane, so he can throw out his hatred on some object, and not on a living creature. That is why Article 107 “For murder in a state of passion” considers such actions as a crime, and not as something accidental that can be forgiven.

Attention! In judicial practice, there have been cases when such crimes were punished with a suspended sentence or subject to pardon.

But such cases are extremely rare. They took place in the case of the deprivation of life of dangerous criminals, rapists and maniacs. As an example, we can cite a case that occurred in the city of Zaporozhye, when a simple person killed a flayer who was beating a stray dog. The animal's savior, of course, was acquitted.

In all other cases, an affective state is a mitigating circumstance, but not conducive to pardon. Let's find out how much they give for killing one person in a state of passion.

The murderer will be punished to stay in a colony for no more than three years. He may be sent to forced labor for the same period of time, without depriving him of the opportunity to live at home and see his family. If 2 or more people are killed in a state of passion, then this period increases to 5 years.

If the state of passion is fully proven, and also if the convicted person, having killed a person, did a good deed in some way, the court may also assign him more lenient punishments. This may be a partial restriction of freedom, a suspended sentence, correctional or forced labor.

Taking the life of a newborn child

For this terrible and immoral crime, a separate article was drawn up - Art. 106 of the Criminal Code of the Russian Federation. According to its provisions, only the child’s natural mother can be recognized as a murderer.

The murder of a newborn child is considered to be the deprivation of a newborn child's life by his natural (biological) mother in the first day of his life. If a newborn dies at the hands of another person, or at the hands of the mother, but after the first days of life, murder is qualified and punished under Article 105 of the Criminal Code of the Russian Federation.

Unfortunately, the public still does not agree with what sentence is imposed for the murder of a newborn, because it amounts to meager terms by the standards of Article 105 of the Criminal Code of the Russian Federation - restriction or imprisonment for a term of no more than 4 years.

Lawmakers justified the chosen sentence by the fact that:

1. After childbirth, women’s psyche is temporarily shaken, the boundaries of moral norms are blurred;
2. Strong hormonal changes, etc. occur in a woman’s body.

! According to psychologists, about 1/6 of women are dangerous for their baby and his life in the first weeks of his life.

To acquit a woman, lawyers can use evidence of a deterioration in the mother’s emotional state, due to:

1. Difficult relationship with the child's father;
2. The presence of a recent traumatic situation in life (sometimes lawyers justify their clients by raping a woman, after which she became pregnant);
3. The presence of physiological diseases affecting the psyche.

However, any justification must be supported by evidence based on the opinions of medical experts.

Corpus delicti

1. object of the crime: the life of another person;
2. the objective side of the crime: the actions of the criminal in a state of passion, aimed at causing the death of the victim;
3. subject: general, i.e. a sane individual who has reached the age of 16 at the time of committing the crime;
4. subjective side: guilt in the form of intent (direct or indirect) in the emotional state of the person at the time of the murder.

Examples of crimes

1. Kuibyshevsky District Court of Samara convicted under Art. 107 of the Criminal Code of the Russian Federation, citizen Belov, who committed murder against citizen Pynzar. On March 20, 2016, Pynzar, while driving a vehicle, violated traffic rules, as a result of which he hit the accused’s young son.
   The child died from his injuries. Being in a state of emotional excitement, the accused tried to avenge his son, but Pynzar fled the scene. 06/18/2016 Belov accidentally meets Pynzar on the street, the tragic events of the past, the death of his son, instantly emerge in the memory of the accused.

   Against the background of Pynzar’s defiant behavior, cynically declaring that he will continue to enjoy freedom, the accused, subjected to a state of sudden strong emotional disturbance, kills the culprit in the death of his son. This murder, due to the current circumstances, must be qualified in accordance with Art. 107 of the Criminal Code of the Russian Federation, since the resulting state of passion has a cause-and-effect relationship with the illegal actions of the victim.

2. By the verdict of the Stavropol Regional Court dated March 31, 2015, he was convicted under Part 1 of Art. 105 of the Criminal Code of the Russian Federation, citizen Sokolov and was sentenced to eight years in prison to be served in a general regime correctional colony. In the complaint of the supervisory authority, the convict asked to change the sentence, reclassifying the murder committed in accordance with Art. 107 of the Criminal Code of the Russian Federation, considering that the court did not take into account the unlawful behavior of the victim as a mitigating circumstance.
   Having analyzed the case materials based on the convict’s complaint, the court found the verdict and the cassation ruling subject to change. From the testimony of the defendant Sokolov and the materials of the preliminary investigation, it follows that he, together with his partner and brother K., was in his apartment.

   The brother went out to smoke in the entrance, ten minutes later his partner, looking out into the entrance, reported that his brother was quarreling with two young men. He looked out into the entrance, but not finding his brother and these people, he returned to the apartment, taking a kitchen knife with him so that he could use it in case of a fight, and went out into the street.

   Coming out of the entrance, he saw that his brother was lying on the ground and covering his face with his hands; several people were standing around him, one of whom was kicking K. Sokolov tried to pull the kicking V. away from his brother, but he hit him in the face, after which Sokolov took out a knife and struck one blow to V.’s neck. After that, everyone present fled the scene. Then Sokolov dragged his brother into the apartment.

   At the court hearing, Sokolov asked to take into account the fact that he was defending his brother. Taking into account the circumstances of the attack, namely the fact that together with the attacker K. there were several other people who watched him beat K and did not try to intervene.

   The court concludes that Sokolov had grounds for using the necessary defense in order to protect his life and legal interests, as well as to protect himself from aggressive actions towards his brother, but the method and means of defense that the accused used were not consistent with the nature of the attack .

   In these circumstances, Sokolov exceeded the limits of necessary defense by using a knife against an unarmed victim, which obviously did not correspond to the nature and degree of public danger of the attack. Sokolov’s actions should be qualified under Part 1 of Art. 108 of the Criminal Code of the Russian Federation, as murder committed when the limits of necessary defense were exceeded.

Important! Qualify the crime under Art. 107 of the Criminal Code of the Russian Federation would be unfounded, since Sokolov returned for the crime weapon before he saw the scene of his brother being beaten, which could have caused a state of passion

What judicial practice shows

The practice under the article is not the most extensive, since it is difficult to prove a state of passion after the commission of a crime.

Examples of cases:

1. Citizen V. was pregnant and was constantly under the supervision of her husband. He was a tyrant. He did not let her leave the house, and at every opportunity he beat and insulted her. In another case of bullying, V. could not stand it, she had an attack of excitement, she grabbed a stool and hit her husband on the head, and then beat him until he died. Having come to her senses, V. was horrified and called the police. Based on his emotional state and his surrender, V. was given a suspended sentence of imprisonment.
2. Citizen G. found out that his wife was cheating on him. He broke into the apartment and caught his wife with her lover. He flew into a rage, grabbed a knife from the kitchen and killed both of them. After 5 minutes, he realized that he had caused irreparable harm, came to the police to confess and helped investigate the case. Based on this, he was given criminal liability in the form of a penal colony for 5 years. The murder of his wife was recognized under Article 197, and the murder of her lover – under Article 105.
3. Citizen D. raped women - he watched over his victims in the park at night, lightly choked them so that they would lose consciousness, and committed his criminal acts. One day he also decided to do the job, but the victim turned out to be stronger. She pressed D.'s eyes and killed him. The girl’s lawyer insisted on using Article 107, but the court decided that this was an excess of necessary self-defense. As a result, she received a 4-year suspended sentence and a fine.

What decisions are most often made under Article 107?

Murder committed in the heat of passion is rarely prosecuted. In 2022, there were 87 cases under this article, of which 84 were under the first part. 10 people were put behind bars, 2 received suspended imprisonment, 55 received restriction of freedom, 14 received correctional labor.

What are most often aggravating and mitigating circumstances?

Cases under this article are held at first instance in district courts. The assigned sentence with a high degree of probability may turn out to be suspended; more often, imprisonment is served in a colony-settlement. The grounds for placing a criminal in a general regime colony must be very serious - for example, a generally dangerous method of committing murder.

If the deceased behaved unacceptablely and thereby provoked his death, this mitigates the guilt. But if it was material damage, the fact becomes a mitigating circumstance under Article 105, and not under an affective state. To requalify, you will need a lot of information - in particular, finding out the characteristics of the victim. More often, Article 107 is used if the murdered person behaved cruelly for a long time, the accused depended on him, and revenge occurred immediately after the next incident of bullying. The term for murder in a state of passion is imprisonment for 2-3 years.

Characteristics and legislative regulation

Murder is understood as the intentional or accidental taking of a person’s life for the purpose of revenge or material gain.

However, there is such a type of murder as taking the life of a young child.

The murder of a young child is considered a particularly serious crime.

It is regulated by Part 2 of Article 105 of the Criminal Code of the Russian Federation. In accordance with it, the culprit through whose actions a child or teenager died must be brought to criminal responsibility.

The conditions for serving the sentence are determined by the court, based on legislative regulation, as well as mitigating and aggravating circumstances.

The second part of this article implies a more severe punishment than the first. The murder of a child is equivalent to the deprivation of life of a citizen in a helpless state.

He cannot take action to counter the blows or other methods used to take the life of a minor.

When carrying out actions aimed at qualifying a crime, investigators often encounter a number of difficulties.

However, one thing is clear: a person who, due to mental and physical difficulties, cannot resist and is considered helpless. Minors are considered to be persons under 14 years of age.

If a person is over 14 years old, then the person responsible for his death faces Article 105 of the Criminal Code of the Russian Federation, that is, premeditated murder.

The age chosen for the threshold for prosecution is set at 14 years. The term for it reaches 15 years in prison.

The legislation determines that at this age a person is already aware of his actions.

Liability for murder in case of self-defense and negligence

There are situations when a person had to defend his own life, and subsequently a murder occurred through his fault. This case of prosecution is regulated by Article 108 of the Criminal Code. how long someone will be imprisoned for a murder of this kind; the case is considered by analyzing real factors, taking into account forecasts about the inadmissibility of this outcome. The Code defines the following measures:

• forced labor for up to 2 years;
• the possibility of imprisoning the offender for a period of up to 2 years;
• work involving a corrective nature for a period of up to 2 years;
• the possibility of imprisoning the offender for up to 2 years.

In some situations, the murder of a person occurs accidentally, is interpreted as negligence, and is regulated by Article 109 of the Criminal Code:

• forced labor for up to 2 years;
• the possibility of imprisoning the offender for a period of up to 2 years;
• work involving a corrective nature for a period of up to 2 years;
• the possibility of imprisoning the offender for up to 2 years.

In addition to circumstances and other favorable factors, when considering a case, the physical and psychological health of the defendant, his personal characteristics, and motives are taken into account.

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Basic provisions of the state of affect

In this matter, the qualification of a murder committed in a state of passion is extremely important in court. A specific case must comply with all the provisions prescribed in the law, otherwise problems will arise with the indexation of the crime, and the sentence will be passed under a completely different article. Therefore, first, let's find out what affect is and how it is defined in judicial practice.

From a psychological point of view, a state of passion is a state of soul and psyche under which a person completely loses self-control. All actions that he performs are guided solely by the emotions that overcome him.

The state of passion is rarely spoken of in a positive way, since too good emotions cannot cause uncontrolled actions that lead to injury or death of other people. Most often, an affective state is a storm of negativity that can hit even the most balanced person.

This is interesting! What should be considered a voluntary renunciation of crime: signs, stages

The main external signs of affect are:

• At the initial stage, a person becomes fussy, inattentive, and tense. He performs incomprehensible actions and often does not respond to questions.
• The person completely loses touch with reality. Does not respond to requests, stops acting based on the situation; does not remember the information he receives.
• At the end there follows an explosion of emotions, a fit of anger that lasts from ten seconds to three minutes.

Internal signs of this condition:

• Speech and movement disorders.
• Increased heart rate, increased blood pressure.
• Change in complexion - it becomes either pale or red.
• Shiver.
• Sweating or vice versa – excessive dryness of the palms.
• Memory impairment - a person may not remember what exactly happened during the time he was in a state of passion.
• After such a surge comes a complete breakdown.

This is interesting! What are the statutes of limitations for criminal prosecution?

When considering a case of murder in a state of passion, the term is also influenced by the behavior of the victim, who caused that very attack of anger in the criminal. The main requirements are:

• The affect must certainly be provoked by the victim herself, and not by other circumstances.
• The victim's actions must be immoral and illegal. This could be threats, bullying, humiliation, beating, violence, etc. This also includes the complete inaction of the victim when urgent help is required. And one more thing - the immoral actions of the victim do not necessarily have to be conscious. She can cause harm, which will cause a storm of anger in her direction and, as a result, murder by negligence.
• The victim can only be the one who committed violence or bullying of the criminal, and not a stranger. If during all these events a “random passerby” dies, then the case is already considered as a full-fledged murder, and passion serves only as a mitigating circumstance.

This is interesting! Misappropriation or embezzlement of someone else's property: Article 160, Part 4 of the Criminal Code of the Russian Federation with comments

Classification

It is quite difficult to classify murder as a double murder. To do this, a number of conditions must be met:

• The criminal intended to kill two or more people, or allowed such a possibility. If two people are killed with different intent, even at the same time, then this is already considered as a combination of ordinary murders.
• The murders must be carried out simultaneously or with a short pause (practice allows a gap of 3-4 hours maximum). If two people are killed with the same intent, but on different days, the article is different.

If the second victim remains alive, then there is no corpus delicti, so this situation is considered in its entirety: murder and attempted murder of two or more persons.

Article 105 of the Criminal Code of the Russian Federation with additional qualifying criteria

There are several aggravating circumstances associated with the murder of a person, and they look like this:

Aggravating and mitigating circumstances

In addition to qualifying criteria, when assigning punishment for murder, circumstances that mitigate and aggravate the guilt are also taken into account.

According to the current Criminal Code of the Russian Federation, the following are considered aggravating:

1. Recidivism is the repeated commission of a similar crime.
2. Serious consequences of the crime.
3. Committing a crime by a group or criminal organization.
4. Particularly active role of the perpetrator in the commission of the act.
5. The use of persons who suffer from a mental disorder, are intoxicated, or are minors in the commission of a crime (more information about what you need to know about murders while intoxicated can be found here, and more details about murder committed by a minor can be found in this material).
6. Hatred or hostility on political, religious, social or other grounds.
7. Revenge for lawful actions, or an attempt to hide another crime or facilitate its commission.
8. Committing a crime because of the official activity or public duty of the victim himself or his relatives.
9. A crime against a pregnant woman, a minor or a defenseless person.
10. Particular cruelty.

Use of weapons, ammunition, explosives, drugs, poison or radioactive substances, pharmacological drugs. Physical or mental coercion. Committing a crime in a state of emergency, armed conflict, riots, etc. Abuse of trust arising from a contract or official position of the perpetrator. Use of a government official's form or documents. The culprit is an employee of the Ministry of Internal Affairs. The perpetrator is a parent, educator, teacher or physician, and the victim is a minor. The purpose of the crime is propaganda or support of terrorism.

Important! This list is exhaustive. No other circumstances can be considered aggravating. . Article 61 of the Criminal Code of the Russian Federation explains to us the circumstances mitigating punishment

The text of the article is below.

Article 61 of the Criminal Code of the Russian Federation explains to us the circumstances mitigating the punishment. The text of the article is below.

Article 61. Circumstances mitigating punishment

1. The following are recognized as mitigating circumstances:
   a) committing a crime of minor or medium gravity for the first time due to a random combination of circumstances;
2. b) the minority of the perpetrator;
3. c) pregnancy;
4. d) the presence of young children with the perpetrator;
5. e) committing a crime due to a combination of difficult life circumstances or out of compassion;
6. f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence;
7. g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction;
8. h) illegality or immorality of the behavior of the victim, which was the reason for the crime;
9. i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime;
10. j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim.
11. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors.
12. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment.

Examples from judicial practice

Judicial practice has accumulated a sufficient amount of experience in the field of murder of minors, as well as newborns. Therefore, through the study of situations, one can understand how the law is applied in a given situation.

Examples of murder of a minor include:

1. Thirteen-year-old child I. was engaged in martial arts and could use the technique on any person.
   One day she was returning home late and was attacked by a man with a noose. She reacted quickly and was able to fight back the offender, but the killer had a knife with him, which he used and completed his plan. For his crime, the culprit received 8 years of strict regime.
2. A boy named E. loved to spend time in the company of other boys who loved to tease people.
   One day they snuck into the yard where there was a combat veteran and threw apples at him. On this day, the veteran was accompanied by his friend, who was under the influence of alcohol. He grabbed an ax and attacked E. With the butt of the ax he dealt several blows, from which the boy died. The lawyer insisted on qualifying the article under Article 107 of the Criminal Code of the Russian Federation. However, the qualification was under Article 105 Part 2 of the Criminal Code of the Russian Federation. For his crime, the citizen was sentenced to 8 years in prison.

As an example from judicial practice, when a mother kills a newborn child, the following situations can be cited:

1. Citizen L. became pregnant without marital relations. She decided to get rid of the child. After his birth, she covered the baby's mouth with a cloth and threw it into the garbage chute. Subsequently, the citizen admitted that the reason for such a breakdown was the lack of support from relatives. The child's father also showed no interest in her and the baby. Therefore, she decided to commit a crime. The court took into account mitigating circumstances in the form of an unstable family situation and imposed a sentence of 3 years in prison. .
2. A woman named R. studied at a vocational school.
   There she met an interesting guy and warm feelings developed between them. Then citizen R became pregnant, but the child’s father, who was dissatisfied with what was happening, refused to formalize the relationship and help his child. The expectant mother felt ashamed in front of others, so she pulled her belly tightly so that the pregnancy would not be noticeable. After giving birth, the woman strangled the baby with a clothesline and carried it out into the forest. After the citizen was detained on suspicion of murder, she denied everything and claimed that the child was stillborn. However, an examination carried out on the child's body revealed signs of strangulation. After this, the woman confessed to the murder. Since the woman independently admitted to the crime and helped solve it, the court sentenced her to two years in prison.

The murder of a minor or a newborn child is a serious crime. It entails imprisonment provided for in each qualifying article. Depending on the court's decision and other factors influencing the main part of the sentence.

How is the murder of two or more persons classified? Read about it here.

Murder of a child - judicial practice:

https://youtube.com/watch?v=jzMtQVS9XR0%3Fecver%3D1

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Comments:

What article determines the punishment for killing a person?

The article “Murder” opens the Special Part of the Criminal Code of Russia, establishing responsibility for the most dangerous act:

• it begins at the age of 14;
• its type and measure become more severe depending on the type of murder;
• The punishment is imprisonment for up to 20 years with its possible limitation or lifelong imprisonment.

What is murder? This is intentional causing of death, liability for which is provided for in Article 105 of the Criminal Code of Russia.