Unfinished crime and liability under the Criminal Code of the Russian Federation

The judiciary annually considers many crimes containing consequences of action or inaction. Criminal law classifies them as one of the types - completed or unfinished. And although the difference is significant, it is sometimes difficult for a judge to determine that an unfinished crime is involved in a given case. This makes such materials attractive for the theory of criminal law.

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Concept of unfinished crime

The concept of an unfinished violation of the law implies the completion of certain actions, before the onset of those consequences that can be called socially dangerous. The circumstances under which the crime was not committed may either depend on the accused or occur by chance.

This definition applies only to violations that are willful in nature. They always have such an obligatory stage as preparation (thinking through steps, considering possible outcomes, escape routes).

What is the difference between an unfinished crime and a voluntary refusal?

Unlike the situation when, for some unforeseen reasons or based on personal considerations, the subject stopped preparing illegal actions, but did not abandon the intention to commit them in the future, voluntary refusal implies a conscious cessation of illegal actions. The Criminal Code of the Russian Federation has a very precise formulation of this circumstance.

Article 31 Part 1 states that a voluntary refusal to commit an unlawful act is considered to be a person’s refusal to continue actions or inaction that were preparation for committing a planned violation. This refusal is carried out quite consciously and does not depend on the circumstances. The motives that drive a person at this moment do not matter to competent persons.

Therefore, we can say that if, under the influence of circumstances, the subject decides to temporarily suspend his activities or stops them in order to wait for a more convenient opportunity to commit his plan, this is not a voluntary renunciation of the crime.

Completed and unfinished crime

Being a logical continuation of an unfinished offense, a completed offense contains all the elements of a crime that are specified in the Criminal Code of the Russian Federation. An unfinished act implies the presence of special reasons that forced an interruption in the commission of the offense, and a completed act is characterized by bringing all the intentional actions of a person to their logical conclusion.

The completed crime always fully reflects the characteristics described in the law and implies the implementation of objective and subjective aspects.

1. If there is a material basis for the case, it is considered completed at the moment of intentional infliction of real harm.
2. If a formal composition appears, the moment of recognition of its commission does not necessarily contain the fact of successful completion of the illegal action. It is understood that the fact of the beginning of a crime is already considered a completed violation, regardless of whether the criminals achieved the intended goal at the time of its commission or not.

Punishment that entails an unfinished crime

Grounds of liability and limits

According to the provisions of Article 31 of the Code, a person who voluntarily renounces the fulfillment of his criminal intentions cannot be held criminally liable.
However, if the accused voluntarily refuses to carry out his intended plan to the end, he will still be held accountable under the Criminal Code if the act actually committed by him contains a different corpus delicti.

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Article 31 of the Criminal Code of the Russian Federation dated June 13, 1996 N63-FZ

Rules for assigning responsibility

Since the offense did not actually occur and no negative consequences occurred, the person cannot be subject to strict penalties such as life imprisonment and the death penalty.
The measures and amount of liability depend on the circumstances of the incident:

1. The punishment for preparing to commit a crime cannot be more than half the maximum term for a similar but completed act.
2. Attempt cannot be punished by more than ¾ of the maximum sentence for a full-fledged offence.

Types of unfinished crime and their characteristics

Modern legislation distinguishes two types of offenses that, for some reason, were not brought to completion.

1. Preparing for a crime. This type includes such actions as planning and deliberately creating situations that will facilitate the commission of an offense, preparing a crime weapon, searching for accomplices, etc.
2. Attempted crime is an unsuccessful attempt to commit a deliberate crime, the implementation of which does not depend on the desire of the accused. Obstacles that arise in the process of preparation and implementation interfere with the implementation of the plan, but do not in any way affect the intention.

Factors that can prevent malicious intent from being carried out are quite varied. These include the following points:

• sudden appearance of random third parties who may later act as witnesses;
• resistance;
• timely response of law enforcement agencies and detention of the criminal;
• lack of sufficient training;
• unexpected illness;
• unsuitable weather conditions, etc.

Attempted crime

Actions stopped at the attempted stage are recognized as unfinished crimes. In general, an attempt is the activity of a person aimed at the direct implementation of the objective side of the crime.

In this case, the act is not completed due to reasons independent of the will of the subject. An attempt to commit a particular crime is a crime in itself, regardless of its severity. The classification of unfinished crimes will depend on the type of attempt. Each type is characterized by the degree of implementation of intent.

Preparing for a crime

Before committing a deliberate act, the person who conceived it carefully plans everything and thinks through the smallest details. These actions are called preparation of a crime.

These include a thorough study of the circumstances, the search for an accomplice, the future location of the crime, the purchase of weapons and other tools, the presence of possible obstacles in the form of neighbors, animals, etc.

The difference between this type of unfinished crime and attempted crime is that the first does not cause direct harm or threat to the intended object of the offense.

Despite the fact that the subject is actively preparing, he has not yet performed the actions that constitute the objective side of the crime. The presence of a weapon in the possession of a person planning a murder does not indicate the occurrence of this very murder. In addition to actions, this type may also include inaction, which is assessed, qualified and subject to punishment.

“Preparation carries criminal liability, which is determined by the degree of its danger to the public. The higher the level of consequences, the stronger the punishment. It happens that in the process of preparation a person already commits illegal actions (purchase of bladed weapons and firearms). In such situations, they qualify on a cumulative basis.”

Denis Makovy, prosecutor

Evidence required for prosecution

Bringing a guilty person to criminal liability for an unfinished crime is possible only if the following conditions are met:

1. At the stage of investigative work, it was possible to find sufficient evidence that the person really had the intention to commit an unlawful act, and he was consciously preparing to commit a crime.
2. It is possible to confirm the fact of preparation for a crime with testimony.
3. The attacker himself admitted that he was preparing to commit a crime.

In practice, it is quite difficult to prove the existence of such conditions, so law enforcement officers most often observe a potential criminal in order to stop his actions at the time of the attempt. In this case, it is much easier to prove the negative intentions of the perpetrator.

What could an attempt be like?

Unlike preparation, attempt implies the implementation of a deliberate offense. There are two types of developments:

• unfinished attempt - a situation at the time of which unforeseen circumstances occurred that prevented the plan;
• completed - an action that includes the implementation of all planned stages that guarantee getting what you want.

Once this fact is qualified, it no longer matters whether the attempt was completed or not. If at the time of the crime forces of nature, third parties intervened, or something did not go according to plan and the attempt ended in failure, then this will not play a significant role for the investigation.

In such a situation, malicious intent, the awareness of the subject at the time of its execution, as well as the need to understand the overall picture of what is happening in order to consider all the nuances are taken into account.

It doesn't matter that no crime was committed. The only thing that matters is the attempt to accomplish it. The subject will be punished for it.

Types of assassination attempts

In the theory of criminal law, there are two types of attempt: completed and unfinished. The attempt is considered completed if the person performs all the necessary actions, but the criminal result does not occur for reasons beyond her control. When unfinished, the person does not perform all the necessary actions for reasons that in no way depend on her. In the case of an attempt, a person can be brought to criminal liability, since there may be a completed or unfinished crime. For example, a person illegally possesses a weapon (a completed crime) for the purpose of killing a person. She was detained during the assassination attempt. Thus, a person can be held accountable for illegal possession, as well as attempted murder.

Completed crime

The difference between completed and unfinished types of crime lies only in the presence of the fact of an offense that causes a dangerous consequence for society. Thus, a completed crime contains all the basic signs prescribed by criminal law necessary for its definition:

• subject;
• subjective side;
• an object;
• objective side.

There are three levels of assessment of when the offense ended.

1. Subjective assessment of the offender, which is formed by his personal understanding of the situation.
2. The moment of the finale is determined exclusively objectively, based on the established procedures for assessing the situation by the current criminal legislation. Some compositions consider the crime to have been committed starting from the moment of the attempt, regardless of the success of the result.
3. Mixed - combines the two above forms. It describes the completion of the offense from the position of the perpetrator, based on the formulation adopted by the rules, based on the fact of the case.

Recognition of the fact that the crime has been completed influences factors such as determining the qualifications of the criminal case.

Understanding the elements of the crime makes it easier to impose punishment, as well as to determine other related factors. It allows you to legitimately assess how long ago the act was committed and the possible imposition of an amnesty.

Stages of crime implementation

Previously, it was stated that a crime is considered unfinished if it was stopped at one of the stages. Thus, any crime specified in a special part of the Criminal Code of the Russian Federation may be unfinished. In this case, we do not take into account those that are considered completed from the moment the socially dangerous act was committed (illegal possession of weapons). The qualification of an unfinished crime is carried out by determining the stage of execution of the objective side. There are only three main stages:

• cooking;
• assassination attempt;
• completed crime.

In this case, we are not interested in the stage of the completed crime, because the attacker has actually completed the desired socially dangerous act. To understand in more detail what a completed and unfinished crime is, you need to consider the stages separately, because each of them has its own special characterizing aspects. Punishment can vary significantly depending on the stage at which the crime was stopped.

Application of punishment

The Criminal Code describes different degrees of punishment for an unfinished offense. All of them are specified in the relevant norm (Article 30), which defines the following:

• a person who has actually abandoned his intentions and plans is not punished for a crime;
• the degree of punishment of the defendants is limited by the seriousness of the planned plan;
• in case of voluntary refusal of the plan, a sanction is imposed if his act contains an additional corpus delicti.

The preparatory stage that ended with the assassination attempt

Any form of criminal liability is defined as attempt. These are deliberate actions, inactions aimed at committing a specific crime that was not completed. It’s easier to say that if a criminal intended to commit a crime, but something prevented him, then this is classified as an attempt to commit or attempt. And let him be grateful to fate that someone or something prevented him from doing what he planned, since the punishment will be less severe.

The situation is no longer classified as a completed, but an unfinished crime. Punishment for such an act is provided for in Article 29 of the Criminal Code of the Russian Federation. The determination of the degree of guilt is described in Art. 30 of the Criminal Code of Russia.

Case Study

Hostile relations arose between the common-law spouses. The man planned to harm his partner. To do this, the first performer was found, who was paid a certain amount as a reward. Thus, both men entered into a preliminary agreement. Next came the preparatory stage.

But the man, who had to finish what he started, realizing the gravity of the crime, turned to law enforcement agencies. The staff developed an action plan, and the woman’s partner was provided with photographs of the victim confirming the completion of the crime. After making sure that the order has been completed, the man pays the remaining amount and is detained by the authorities at the time of transfer of money. Here there is an unfinished crime due to circumstances beyond his control, and the customer was brought to justice.

In order to understand the concept of an unfinished crime, I suggest watching the video:

Voluntary renunciation of committing an offense

The conscious desire of the offender to stop preparatory work for the offense, provided that everything could have ended successfully, is considered as a voluntary refusal. It occurs only when the decision is made before the onset of negative consequences.

It is understood that a subject who refuses to continue preparing an offense is not subject to punishment.

An exception is cases when a person has already violated the law during the preparation process. Then, even if there is no punishment for evil intentions, he will be held responsible for the violation committed.

Commentary to Art. 29 of the Criminal Code of the Russian Federation

A crime, defined by the legislator as an act, represents the conscious and volitional behavior of a person. Behavior is a process that lasts over time. Regardless of the duration of a behavioral act, it can be divided into certain stages. In criminal behavior, different periods are also distinguished: detection of intent, preparation for a crime, attempted crime, completed crime, concealment of a crime.

Not all of these periods have criminal legal significance. Thus, the stage of detection of intent has a preventive, operational and investigative significance, but, as a rule, does not contain the basis for criminal liability. In such cases, the generally accepted principle in the theory of criminal law is cogitationis poenam nemo patitur (thoughts are not punishable). At the same time, one must not confuse the detection of intent, which is expressed in the establishment of a formed intent to commit a crime, with crimes that create a threat to specific social relations. Such crimes include, for example, Art. 354 of the Criminal Code of the Russian Federation (“Public calls for the outbreak of an aggressive war”), Art. 282 of the Criminal Code of the Russian Federation (“Incitement of national, racial or religious hatred”), etc. These compounds provide for liability for actions (speeches, publications, etc.), during the execution of which the person’s formed intent to commit these crimes is realized.

The stage of concealment of a crime is important for identifying, solving and investigating a crime.

The current Criminal Code of the Russian Federation initially identifies two stages as independent legally significant stages: completed and unfinished crime. So, in the title of the article. 29 of the Criminal Code of the Russian Federation contains instructions for these two stages. At the same time, in the text of Part 2 of Art. 29 of the Criminal Code of the Russian Federation, the stage of an unfinished crime is divided into two: preparation for a crime and attempted crime.

Thus, the law provides for three independent legally significant stages of committing a crime:

- preparation for a crime;

- attempted crime;

- a completed crime.

This approach to resolving the issue of criminal liability for an act interrupted at various stages of its commission is objectively determined. Not only a completed crime, a completed act, but also an act that, for reasons beyond the will of the perpetrator, was not carried out in full, was not completed with the onset of socially dangerous consequences or the performance of actions that form the objective side of the crime, has the sign of public danger. in full.

The stages of committing a crime differ according to the moment when the crime ceases to be committed. Criminal acts can be carried out immediately by the offender in full. For example, during a quarrel, a person grabs a knife lying on the table and fatally wounds his offender. In another situation, a crime can be prepared in advance: a person draws up an action plan, looks for accomplices, acquires an instrument for committing a crime, creates conditions for concealing a crime, etc., but does not complete the crime due to the fact that his actions are suppressed by law enforcement officers organs. In the third case, the person performs all the intended actions, for example, shoots a person, but the desired result does not occur due to a miss. In the last two situations, the crime was not completed, socially dangerous consequences did not occur, but the danger of such actions leaves no doubt that they are objectively harmful, since they really threatened to cause harm to an object protected by criminal law - human life.

The task of criminal law is to protect the most important objects from criminal attacks. In turn, protection implies the prevention of both the threat of harm to these objects and the infliction of actual damage. Meanwhile, unfinished criminal activity creates a real threat of causing harm to objects protected by criminal law, or does not cause harm to them in full, partially. Therefore, the criminal law establishes liability for unfinished crimes. At the same time, the basis of criminal liability for unfinished crimes remains the commission of an act containing all the elements of a crime. They are also present in an unfinished crime, which, as indicated above, differs from a completed crime only in that the objective side of the crime is not fully fulfilled, which does not affect the presence of elements of the crime.

Thus, an unfinished act provided for by criminal law, just like a completed one, is criminal and punishable.

In the Criminal Code of the Russian Federation, issues of liability for an unfinished crime are regulated by the norms included in Chapter 6 “Unfinished Crime”.

The concept of a completed crime is given in Part 1 of Art. 29 of the Criminal Code of the Russian Federation, according to which a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. Consequently, for a completed crime, the act must have: an object, an objective side, a subjective side, a subject of the crime and the signs that characterize them. However, all these signs are present in an unfinished crime, with the exception of the fact that the objective side of the corpus delicti in an unfinished crime is not fully fulfilled. Therefore, the main difference between an unfinished and completed crime is the degree to which the objective side has been completed. For a completed crime, the completion of the act is determined by the moment the crime ends.

Depending on the legislative structure of the crime on its objective side, the legislator correlates the moment of completion of the crime with various factors.

In crimes with a material element, the moment of the end of the crime is the moment of the onset of socially dangerous consequences, which are a constructive feature of this particular crime. Thus, the murder will be completed from the moment the victim dies. The death of a person in this case is a constructive sign of a crime under Art. 105 of the Criminal Code of the Russian Federation. It is towards the onset of this consequence that the actions of the perpetrator are directed; it is these consequences that are covered by his intent. At the same time, if, wanting to commit murder, the perpetrator causes other harm, for example, harm to human health, then the failure to achieve the desired consequences in the form of death will mean the absence of completed murder. Other material cases, for example, criminal bankruptcies (Articles 196, 197 of the Criminal Code of the Russian Federation), will be completed from the moment of causing major damage, etc.

In some cases, determining the moment of the onset of consequences is not always unambiguous, and to establish their occurrence it is necessary to refer to other legally significant circumstances. So, for example, the elements of theft (Article 158 of the Criminal Code of the Russian Federation) are material, since the theft will be completed from the moment the damage is caused. The presence of damage in judicial practice is correlated with the moment of seizure of property and the presence of the perpetrator of a real opportunity to use it or dispose of it at his own discretion (for example, to turn the stolen property into his own favor or in favor of other persons, to dispose of it for personal gain in another way).

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See: paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 “On judicial practice in cases of theft, robbery and robbery” // Bulletin of the Supreme Court of the Russian Federation. 2003. N 2.

In some cases, the specifics of the moment of completion of the crime are related to the characteristics of the subject of the attack. For example, the moment of the end of fraud (Article 159 of the Criminal Code of the Russian Federation) committed in relation to property is determined in the same way as the moment of the end of the theft; fraud committed in the form of acquiring the right to someone else’s property is considered completed from the moment the perpetrator has a legally established opportunity to take possession or dispose of someone else’s property as his own (in particular, from the moment of registration of ownership of real estate or other rights to property subject to such registration in accordance with the law; from the time of conclusion of the agreement; from the moment of making the endorsement (endorsement) on the bill; from the date of entry into force of the court decision, which recognizes the right to property for a person, or from the date of adoption of another legal decision by authorized authorities or by a person misled as to whether the perpetrator or other persons have legal grounds for owning, using or disposing of property).

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See: paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51 “On judicial practice in cases of fraud, misappropriation and embezzlement” // Bulletin of the Supreme Court of the Russian Federation. 2008. N 2.

It should also be borne in mind that some material elements of crimes in the absence of socially dangerous consequences mentioned in the disposition of the article of the Special Part of the Criminal Code of the Russian Federation do not entail criminal liability at all. These include, for example, violation of traffic rules and operation of vehicles (Article 264 of the Criminal Code of the Russian Federation). In itself, violation of these rules entails only administrative liability, and only the presence of consequences in the form of serious harm to human health gives grounds for criminal liability. Thus, in the absence of these consequences, the person’s actions are not classified as an attempted crime. The above gives grounds to conclude that the stages of preparation or attempt are possible only when committing intentional crimes, in the presence of a purposeful criminal act.

Crimes with a formal corpus delicti will be completed from the moment the objective side of the crime is fulfilled in full, provided for by criminal law. Consequences in crimes with a formal composition are not included in the design of the objective side. Therefore, for example, slander (Article 129 of the Criminal Code of the Russian Federation) will be complete from the moment of dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation. Consequences in crimes with a formal composition are not constituent, but they are taken into account when assigning punishment or can be qualifying features. In the latter case, the consequences acquire a component-forming character and are mandatory for the presence of a completed qualified crime.

In some cases, the moment of the end of the crime is transferred by the legislator to the initial stage of the act. A similar approach usually takes place in relation to the most dangerous attacks. Thus, robbery (Article 162 of the Criminal Code of the Russian Federation), although it is one of the types of theft, will be completed not from the moment of causing damage to the owner or another owner, but from the moment of committing an attack with the aim of stealing someone else’s property. An encroachment on the life of a state or public figure (Article 277 of the Criminal Code of the Russian Federation) will be completed from the moment of committing actions aimed at causing death to these persons, and not only from the moment of death, as in murder, etc. In the theory of criminal law, compositions in which the moment of completion of the crime is transferred to the initial stage of the act are called truncated compositions.

In addition to these compounds, there are also so-called hazardous compounds. The specificity of these crimes lies in the fact that the moment of the end of the crime is associated not with the onset of socially dangerous consequences and not with the initial actions of the assault, but with the moment of the emergence of a real danger of the onset of socially dangerous consequences. Thus, HIV infection (Article 122 of the Criminal Code of the Russian Federation) is complete from the moment another person is placed at risk of infection.

At the same time, it should be noted that both truncated offenses and dangerous offenses are varieties of formal offenses, where the moment of completion of the crime does not depend on the moment of the onset of socially dangerous consequences.

The stages of crime represent stages in the development of criminal activity. Thus, at the preparation stage, a person’s actions are aimed at creating conditions under which a crime can be committed or its commission becomes easier. The stage of preparation for a crime is characteristic only for crimes committed intentionally, and only for crimes committed with direct intent. Preparation is impossible when committing careless crimes. You cannot prepare for a crime or create conditions for its commission if the person does not foresee the possibility of socially dangerous consequences or does not want them to occur. For the same reasons, preparation to commit a crime with indirect intent is also impossible. The possibility of the preparation stage in the theory of criminal law also correlates with objective criteria. The dominant position is that preparation is possible only when committing crimes with a material component. However, it seems that this possibility also exists for crimes with a formal composition. For example, when paying a bribe, an official makes hints about the need for a reward, delays the resolution of the issue, and finally directly states the need to give a bribe. From the standpoint of criminal law, such actions should be regarded as preparation, although in fairness it must be said that such cases are unknown in investigative and judicial practice.

When deciding on the stages of committing a crime, one cannot help but pay attention to the provisions of Part 5 of Art. 34 of the Criminal Code of the Russian Federation, which states that if the perpetrator does not complete the crime due to circumstances beyond his control, the remaining accomplices bear criminal liability for preparation for a crime or attempted crime. A person who, due to circumstances beyond his control, failed to persuade other persons to commit a crime, is also criminally liable for preparation for a crime.

At the stage of the attempt, the person’s actions (in some cases, inaction) are already the direct fulfillment of the objective side of the crime, i.e. its direct commission. However, these actions either do not result in socially dangerous consequences, or are not carried out in full - not all actions that, in the opinion of the perpetrator, are necessary to complete the crime are carried out.

Like preparation, attempt is possible only in relation to crimes committed intentionally. The types of intent may be different. An attempt is possible when a crime is committed either with direct intent, for example, when committing a theft, an alarm is sent to a security post and the crime is stopped, or with indirect intent - the culprit throws a grenade into the street out of hooligan motives, indifferent to the consequences of his action.

Although in the literature one can often find statements that the attempted stage is characteristic only of material crimes, it should be stated that an attempt is also possible when committing crimes with a formal element. For example, receiving a bribe (Article 290 of the Criminal Code of the Russian Federation) and giving a bribe (Article 291 of the Criminal Code of the Russian Federation) are crimes. Meanwhile, in accordance with paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000 No. 6 “On judicial practice in cases of bribery and commercial bribery,” if the conditional transfer of valuables did not take place due to circumstances beyond the will of the persons, who tried to transfer or receive the subject of a bribe or bribery, what they did should be qualified as an attempt to receive or give a bribe or illegal reward in commercial bribery. Thus, the correct determination of the stage of commission of a crime is associated with the mandatory consideration of the type of crime according to the design of its objective side, objective and subjective features characterizing the crime.

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Bulletin of the Supreme Court of the Russian Federation. 2000. N 4.

The commission of a crime is not necessarily associated with the presence of all stages of its commission. They can take place in full, there can be preparation and attempt, only preparation or only attempt, only a completed crime, but each subsequent stage absorbs the previous one, which is reflected in the qualification of the crime. An indication of the presence of any stage of an unfinished crime is carried out by including in its qualification a reference to Part 1 or 3 of Art. 30 of the Criminal Code of the Russian Federation. If there was only preparation for a crime, then its qualification is carried out with an indication of Part 1 of Art. 30 of the Criminal Code of the Russian Federation. If there was both preparation and an attempt or only an attempt, then when qualifying the act it is indicated in Part 3 of Art. 30 of the Criminal Code of the Russian Federation. In the case of a completed crime, regardless of what stages of the unfinished crime took place, the act is qualified only as a completed crime without reference to Art. 30 of the Criminal Code of the Russian Federation.

Determining the stage of commission of a crime has important legal and practical significance. Due to the fact that each subsequent stage poses a greater danger compared to the previous one, since the threat of harm increases or more harm is caused, then, accordingly, each stage of the crime should entail a more severe punishment.

Judicial practice under Article 29 of the Criminal Code of the Russian Federation

Determination of the Constitutional Court of the Russian Federation dated September 28, 2017 N 2164-O
RIGHTS UNDER THE ARTICLES AND CRIMINAL CODE OF THE RUSSIAN FEDERATION The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, S.P. Mavrina, N.V. Melnikova, O.S. Khokhryakova, V.G. Yaroslavtseva,

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 17, 2018 N 18-UD17-98

In addition to the complaint of lawyer M.G. Prosvetova. convicted Tryakin A.Yu. indicates that the investigator did not involve a cadastral engineer in the investigative actions to clarify special terms and land law, a number of land plots were removed from cadastral registration and there is no corpus delicti for them, the boundaries of individual land plots were not established and they are not objects of land relations, crimes against them are unfinished. He believes that in relation to 7 of the nine land plots incriminated against him there is no crime, the court made an incorrect application of the criminal law, which is the non-application of Art. Art. , , of the Criminal Code of the Russian Federation, resulting in an unfair verdict and the imposition of an excessively harsh punishment. He considers all subsequent court decisions unfair. He asks that the verdict and subsequent court decisions be cancelled, that the case be returned to the prosecutor due to the incorrect classification of the crime, and that a preventive measure be chosen against Tryakin in the form of a written undertaking not to leave the place and proper behavior. The complaint is accompanied by information materials in the amount of 15 pieces, which he requests to be included in the case materials.

Determination of the Constitutional Court of the Russian Federation dated September 29, 2020 N 2035-O

L.L. Dmitriev believes that the provisions of Articles 24, 27, 57, 90, 195, 198, 199, 204, 205, 206, 207, 229, 239, 254, 389.15, 401.15 and 412.9 of the Code of Criminal Procedure of the Russian Federation, articles and 159 of the Criminal Code of the Russian Federation contradict Articles 17, 18, 19, 22 (part 1), 46 (parts 1 and 2), 49, 118 (part 2), 120 (part 1) and 123 (part 3) of the Constitution of the Russian Federation, since they violate his rights. In addition, the applicant insists on introducing the amendments and additions he proposes to these articles, asks that the verdict in his case, the ruling of the appellate court and the ruling of the cassation court be recognized as subject to cancellation in the manner prescribed by law, and also to resolve the issue of the responsibility of those responsible for what took place, in his opinion, failure to comply with a specific ruling of the Constitutional Court of the Russian Federation.

Determination of the Constitutional Court of the Russian Federation dated October 25, 2018 N 2768-O

According to part three of article of the Criminal Code of the Russian Federation, criminal liability for an unfinished crime occurs under the article of this Code, which provides for liability for a completed crime, with reference to its article 30, which in part three states that an attempted crime is recognized as intentional actions (inaction) of a person, directly aimed at committing a crime, if the crime was not completed due to circumstances beyond the control of this person. Within the meaning of part three of Article of the Criminal Code of the Russian Federation, applied in conjunction with other norms of this Code, including those defining the principle of guilt (Article 5), the concept and types of intent (Article 25), an attempt presupposes the presence of direct intent aimed at committing a specific crime ( Determination of the Constitutional Court of the Russian Federation dated July 17, 2014 N 1638-O).

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 03/09/2021 N 41-UD20-55

According to Art. The Criminal Code of the Russian Federation recognizes a crime as completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. As established by the court in the verdict, Shevchenko A.E., having an intent aimed at the illegal sale of narcotic drugs on a large scale, acting for selfish reasons, under circumstances unidentified by the investigation, through the Internet, entered into a criminal conspiracy with an unidentified person who, through hiding places conveyed by Shevchenko A.E. a substance containing a-pyrrolidinovalerophenone, which is a narcotic drug - a derivative of a narcotic drug ... weighing at least 2.294 g, that is, in large quantities, for the purpose of sale to an unknown number of people in the Proletarsky district of Rostov-on-Don through hiding places , which Shevchenko A.E. kept it with me and packaged it into smaller batches in plastic bags.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 21, 2020 N 70-UD19-17

According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. As established by the court of first instance, no later than September 2015 Stepin V.S. entered into a preliminary conspiracy to illegally sell narcotic drugs with a person, the criminal case against whom was separated into separate proceedings, which was transferred to V.S. Stepin for the purpose of sale. narcotic drugs, and the latter had to pack them into small quantities and place them in caches, and then, using the Internet, report their location to the specified person, who, having received money from the purchasers of narcotic drugs, informed them of the location of the cache. Stepin V.S. suggested to Jabke M.A. distribute drugs, to which the latter agreed.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 28, 2020 N 20-UDP20-12-K5

According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by this Code. Within the meaning of the law, the illegal sale of narcotic drugs is understood as the illegal activity of a person aimed at their paid or gratuitous sale (sale, donation, exchange, payment of debt, lending, etc.) to another person (hereinafter referred to as the acquirer). At the same time, the transfer by a person of the assets being sold to the acquirer can be carried out by any means, including directly, by informing the acquirer about the place of their storage, or stowing it in a place agreed upon with him.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 07/01/2021 N 25-UD21-12-K4

According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. According to the law, the illegal sale of a narcotic drug should be considered a completed crime from the moment the person completes all the necessary actions to transfer the narcotic drugs to the purchaser, regardless of their actual receipt by the purchaser. If a person illegally acquires, stores, transports, manufactures, processes these drugs, thereby committing actions aimed at their subsequent sale, but due to circumstances beyond his control does not transfer the drugs to the purchaser, then such a person bears criminal liability for attempted illegal sale of these drugs. funds.

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 22, 2021 N 72-UDP21-10-K8

According to Art. According to the Criminal Code of the Russian Federation, a crime is considered completed if the act committed by a person contains all the elements of a crime provided for by the Criminal Code of the Russian Federation. In paragraphs 13 - 13.2 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 N (as amended on May 16, 2022) “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances “It is clarified that the illegal sale of narcotic drugs should be understood as illegal activity aimed at their paid or gratuitous sale to another person - the purchaser.

Determination of the Constitutional Court of the Russian Federation dated September 27, 2019 N 2302-O

CONSTITUTIONAL RIGHTS BY ARTICLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, V.G. Yaroslavtseva,