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Plenum of the Supreme Court of December 4, 2014 No. 16 (as amended on December 4, 2014)
“On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual”
TABLE OF CONTENTS
| Motive — clause 1 Plenum No. 16, the motive for committing these crimes does not matter VIOLENCE — clause 2 Plenum No. 16 violence can be both dangerous and non-dangerous — clause 2 Plenum No. 16 light and moderate harm are not separately classified — clause 2 Plenum No. 16 grievous harm is additionally qualified under Plenum No. 16 death of victims, combined with Plenum No. 16 murder - combined with — clause 3 Plenum No. 16, the threat was a means, there were reasons to fear — clause 3 Plenum No. 16 death threat: statements, threatening actions — clause 3 Plenum No. 16 threat after a crime, combined with Plenum No. 16, threats to other persons are qualified additionally HELPLESS STATE — clause 5 Plenum No. 16 if could not understand or resist — clause 5 Plenum No. 16 must be aware of the fact of the helpless state — clause 6 Plenum No. 16 when intoxicated, helplessness, only in severe cases COMPLETION — clause 7 Plenum No. 16 completeness of the composition from the moment the actions began — clause 7 Plenum No. 16 voluntary refusal, accused of actual actions Episodes — clause 8 Plenum No. 16 single intent, one ongoing crime — clause 9 Plenum No. 16 in relation to one person - a combination of — clause 10 Plenum No. 16 group of persons regardless of the number of victims — clause 10 Plenum No. 16 in the group, not only the participants but also the actions of the accomplices Accomplices — clause 10 Plenum No. 16, if they contributed to violence, these are co-perpetrators — clause 10 Plenum No. 16, if they assisted by other measures (other than violence), then accomplices Cruelty — clause 11 Plenum No. 16 signs of particular cruelty Infection Plenum No. 16, the person who infected must know about the fact of the disease — clause 12 Plenum No. 16 HIV infection even in the absence of intent Consequences — clause 13 Plenum No. 16 other grave consequences, suicide, etc. Criminal record - paragraph 14 Plenum No. 16, criminal records are taken into account only for certain articles COMPULSION - paragraph 15 Plenum No. 16 methods of coercion: blackmail, threats under Article Plenum No. 16 coercion ended from the moment of demand - paragraph 15 Plenum No. 16, deception is not coercion Minors - paragraph 16 Plenum No. 16 without violence and threats, only then according to Plenum No. 16 subject, persons over 18 years of age on the date of the crime DECISIVE ACTIONS - paragraph 17 Plenum No. 16 any actions that arouse interest under Article Plenum No. 16 including actions without physical contact (Internet) Completeness - paragraph 18 Plenum No. 16 completeness of the composition from the moment the actions began - paragraph 18 Plenum No. 16, if violence was used in the process, then - paragraph 19 Plenum No. 16 in relation to the two do not form an aggregate Subject - paragraph 20 Plenum No. 16 subject, persons who have reached 14 years of age at the time of committing Age of the victim - paragraph 21 Plenum No. 16 in relation to those under 12 years of age, intent is required - paragraph 22 Plenum No. 16 in relation to those under 18 years of age, intent is required Tact (requirements for court) - paragraph 24 Plenum No. 16 special tact towards victims - it is necessary to avoid excessive detail EXECUTION OF THE SENTENCE - paragraph 23 Plenum No. 16 features of probation, parole, etc. - paragraph 25 Plenum No. 16, the court is obliged to issue a private ruling |
In connection with the issues that arise in courts when applying the norms of Chapter 18 of the Criminal Code of the Russian Federation, as well as in order to form uniform judicial practice, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126
The Constitution of the Russian Federation, articles and the Federal Constitutional Law of February 5, 2014 No. 3-FKZ “On the Supreme Court of the Russian Federation” decides to give the following clarifications to the courts:
1) Draw the attention of the courts to the fact that the crimes provided for in Article 131 of the Criminal Code
and
132 of the Criminal Code
, include sexual intercourse, sodomy, lesbianism and other actions of a sexual nature in relation to the injured person (victim or victim), which were committed against his will and consent and with the use of violence or with the
threat
of its use against the injured person or other persons or taking advantage of
the helpless
state of the victim.
At the same time, the motive for committing these crimes (satisfaction of sexual needs, revenge, national or religious hatred, desire to humiliate the victim, etc.) does not matter for the qualification of the crime.
VIOLENCE
2) Under violence in Articles 131 of the Criminal Code
and
132 of the Criminal Code
should be understood:
Url Additional information:
- clause 21
Plenum No. 29 is an example of violence - dangerous to life and health
- how dangerous
Url Additional information:
- paragraph 21
Plenum No. 29 is an example of violence that is not dangerous to life and health
- and violence not dangerous to life or health,
including beatings or other violent acts associated with causing physical pain to the victim or restricting his freedom.
If, during rape or sexual assault, the victim:
- slight
or
moderate
harm to health, the act is covered by the dispositions of Articles
131 of the Criminal Code
and
132 of the Criminal Code
;
- intentional infliction of serious harm
harm to his health requires additional qualification under the relevant part of Article
111 of the Criminal Code
.
grave violence in the process of rape or sexual assault
harm to the health of the injured person, which resulted in his death through negligence, in the absence of other qualifying features, should be classified according to the totality of crimes provided for in
Part 1 131
or
Part 1 132
and
Part 4 111 of the Criminal Code
.
Murder in the process of committing rape or violent acts of a sexual nature, as well as committed after the completion of these crimes for reasons of revenge for resistance provided or for the purpose of concealing them, should be classified as a set of crimes provided for in paragraph "k" part 2 105
and the relevant parts
131 of the Criminal Code
and
132 of the Criminal Code
.
THREAT
3) Responsibility for rape or committing violent acts of a sexual nature with the threat of violence occurs only in the following cases:
- if such a threat was a means of overcoming the resistance of the victim,
- and he had reason - to fear that this threat would be carried out.
Under threat of murder or causing grievous harm to health ( clause "b" part 2 131
and
clause "b" part 2 132 of the Criminal Code
) should be understood:
- not only direct statements that expressed the intention to use physical violence against the victim or other persons,
- but also such threatening actions of the perpetrator, such as, for example, the demonstration of weapons or objects that can be used as weapons.
If a threat to kill or cause grievous bodily harm was expressed after rape or the commission of violent acts of a sexual nature for the purpose, for example, so that the victim would not tell anyone about what happened, such acts are subject to qualification under a set of crimes provided for in Article 119 of the Criminal Code
and, in the absence of qualifying features, under
Part 1 131
or
Part 1 132 of the Criminal Code
.
4) Within the meaning of Article 17 of the Criminal Code
If, during rape or violent acts of a sexual nature, in order to overcome the resistance of the victim, violence was used or a threat of violence was expressed against other persons (for example, a close relative of the victim), such actions require additional qualification under other articles of the
Special
Part of the Criminal Code.
HELPLESS STATE
5) Rape and sexual assault should be recognized as committed using the helpless state of the victim in the following cases:
- when, due to his physical or mental condition (dementia or other mental disorder, physical disabilities, other painful or unconscious state), age (young or elderly person) or other circumstances, he could not understand the nature and meaning of the actions performed on him,
- or resist the culprit.
At the same time, a person committing rape or sexual assault must be aware that the victim is in a helpless state.
6) When qualifying rape and sexual assault against a victim who was intoxicated, the courts must proceed from the fact that
A helpless state can only be recognized as such a degree of intoxication caused by the use of alcohol, drugs or other intoxicating (psychoactive) substances, which deprived this person of the opportunity to understand the nature and significance of the actions performed on him or to resist the guilty person. It doesn't matter:
- whether the victim was brought into such a state by the perpetrator,
- or was in a helpless state regardless of his actions.
COMPLETION
7) Rape and violent acts of a sexual nature should be considered completed, respectively, from the moment of the beginning of sexual intercourse, sodomy, lesbianism and other acts of a sexual nature.
If a person was aware of the possibility of carrying out criminal acts to completion, but voluntarily and finally refused to commit rape or violent acts of a sexual nature (but not due to reasons that arose against his will), what he did, regardless of the motives for refusal, is qualified according to the actually committed actions, provided that they contain elements of another crime.
Refusal to commit rape and sexual assault is possible:
- as in the preparation
to a crime
- and at the stage of the assassination attempt
on him.
Url Additional information:
Continuing crimes
Continuing crimes
- looking for judicial errors
In cases where several rapes or several violent acts of a sexual nature were committed over a short period of time against the same victim and the circumstances of their commission testified to the single intent of the perpetrator to commit these identical actions, the act should be considered as a single continuous
a crime subject to qualification under the relevant parts
131 of the Criminal Code
and
132 of the Criminal Code
.
9) If the perpetrator committed rape and sexual assault in any sequence against the same victim, the offense should be classified as a set of crimes provided for in Article 131 of the Criminal Code
and
132 of the Criminal Code
, regardless of whether there was a time gap between rape and sexual assault.
GROUP OF PERSONS
10) Rape and violent acts of a sexual nature should be recognized as committed by a group of persons ( by prior conspiracy
,
organized group
):
- not only in cases where one or more victims are sexually assaulted by several persons,
- but also when the perpetrators, acting in concert and using violence or threatening to use violence against several persons, then commit forced sexual intercourse or violent acts of a sexual nature with each or at least one of them.
Rape and violent acts of a sexual nature committed by a group of persons (a group of persons, a group in conspiracy, an organized group) must be recognized as:
- not only the actions of persons who directly committed forced sexual intercourse or violent acts of a sexual nature,
- but also the actions of persons who assisted them by using physical or mental violence against the victim or other persons.
At the same time, the actions of persons who did not personally commit forced sexual intercourse or violent acts of a sexual nature, but through the use of violence or threats assisted other persons in committing a crime, should be qualified as co-perpetrator
committing rape or sexual assault.
Actions of a person who did not directly engage in sexual intercourse or commit acts of a sexual nature with the victim and did not apply physical or mental violence to him or other persons when committing these actions, but only assisted in the commission of the crime:
- advice, directions, provision of information to the perpetrator,
- or by removing obstacles, etc.,
must be qualified under Part 5 33 of the Criminal Code
and in the absence of qualifying features - under
Part 1 131
or
Part 1 132 of the Criminal Code
.
11) When qualifying the offense under paragraph "b" part 2 131
or
clause "b" part 2 132 of the Criminal Code,
it must be assumed that the concept of special cruelty is associated with:
- as a method of committing rape or sexual assault,
- as well as with other circumstances indicating the manifestation of particular cruelty by the perpetrators. In this case, it is necessary to establish that the intention of the perpetrator included the commission of such crimes with particular cruelty.
Particular cruelty can be expressed, in particular, in:
- torture, torment, mockery of the victim,
- causing him special suffering in the process of committing rape or other acts of a sexual nature,
- committing rape or other acts of a sexual nature in the presence of his relatives
,
- as well as in a method of suppressing resistance that causes severe physical or moral suffering of the victim himself or other persons.
12) Liability under clause "c" part 2 131
and (or) under
paragraph “c” of Part 2 132 of the Criminal Code
occurs in cases where the person who infected the injured person with a sexually transmitted disease:
- knew about the presence of this disease,
- foresaw the possibility or inevitability of infection and wished,
- or allowed such infection,
- as well as when it foresaw the possibility of infection of the injured person, but arrogantly hoped to prevent this consequence.
At the same time, additional qualifications under Article 121 of the Criminal Code
not required.
The actions of the perpetrator are subject to qualification under clause "b" part 3 131
and (or) under
paragraph “b” part 3 of 132 of the Criminal Code
both in case of careless and intentional infection of the victim with HIV infection.
13) To other grave consequences of rape or violent acts of a sexual nature, provided for in paragraph "b" part 3 131
and
clause "b" part 3 132 of the Criminal Code
, should include, in particular, suicide or attempted suicide of the victim, pregnancy of the victim, etc.
14) To those with a criminal record
for a previously committed crime against the sexual integrity of a minor (
Part 5 131
,
Part 5 132
,
Part 6 134
,
Part 5 135 of the Criminal Code
) includes persons who have an outstanding or not expunged in the prescribed manner conviction for any of the crimes committed against minors provided for in
Part 3 - Part 5 131
,
Part 3 - Part 5 132
,
Part 2 133
, Articles
134
,
135 of the Criminal Code
. Convictions for specified crimes committed by a person under the age of 18 are also taken into account.
COERCTION ( 133 CC
)
15) In contrast to rape and sexual assault, when forced to perform sexual acts (Article 133 of the Criminal Code
) methods of influencing the injured person in order to obtain from him forced consent to commit these actions are:
- blackmail,
- threat of destruction, damage or seizure of property,
- or taking advantage of the financial or other dependence of the injured person.
Compulsion to acts of a sexual nature is considered completed from the moment the corresponding demand is expressed in any form, regardless of the consent or refusal of the victim to commit such actions or their actual implementation.
The actions of a person who has obtained the consent of the victim to engage in sexual intercourse or commit acts of a sexual nature by:
- deception,
- or abuse of trust (for example, a deliberately false promise to marry, etc.).
16) Criminal liability for sexual intercourse and other actions of a sexual nature with a person who has reached 12 years of age, but has not reached 16 years of age, as well as for committing indecent acts against these persons (Articles 134
and
135 of the Criminal Code
) occurs in cases where sexual intercourse, sodomy, lesbianism or depraved acts were committed:
- without the use of violence or the threat of its use,
- and without using the helpless
condition of the injured person.
Within the meaning of the law, criminal liability for crimes provided for in Part 1
-
Part 6 134
and
Part 1
-
Part 5 135 of the Criminal Code
, are subject to persons who have reached
18 years of age time
DECEPtive ACTS ( 135 CC
)
17) To lewd acts in Article 135 of the Criminal Code
include any actions, except sexual intercourse, sodomy and lesbianism, committed against persons over 12 years of age, but under 16 years of age, which were directed:
- to satisfy the sexual desire of the perpetrator,
- or to cause sexual arousal in the victim,
- or to awaken his interest in sexual relations.
Such actions may also be considered depraved in which there was no direct physical contact with the body of the victim, including actions committed using the Internet or other information and telecommunication networks.
18) Crimes provided for in articles 134
and
135 of the Criminal Code
should be considered completed, respectively, from the moment of the beginning of sexual intercourse, sodomy, lesbianism or debauchery.
If, after the beginning of sexual intercourse, sodomy, lesbianism or indecent acts towards the victim with the aim of forcing him to continue committing such actions:
- violence is used,
- or a threat of violence is expressed, the act is covered by Article 131 of the Criminal Code
and
132 of the Criminal Code
does not require additional qualifications under Articles
134
and
135 of the Criminal Code
19) Sexual intercourse, sodomy, lesbianism or indecent acts committed without the use or threat of violence and without the use of the helpless
the conditions of the injured person simultaneously or at different times in relation to two or more persons under 16 years of age, in accordance with the provisions of
Part 1 17 of the Criminal Code
do not form a set of crimes and are subject to qualification under
Part 4 134
or
Part 3 135 of the Criminal Code
, provided that that the perpetrator had not previously been convicted of any of these acts.
20) Courts should keep in mind that criminal liability for acts provided for in approx.
Persons who have reached 14 years of age at the
time of
to Article 131 of the Criminal Code, in accordance with the provisions of
Part 2 of 20 of the Criminal Code .
21) Explain to the courts that acts falling under the elements of crimes provided for in Part 2
-
Part 4 135 of the Criminal Code
, can be qualified under
clause "b" Part 4 132 of the Criminal Code
only if it is proven - intent to commit indecent acts against a person under 12 years of age.
22) Applying the law on criminal liability for the commission of crimes provided for in Articles 131 - 135 of the Criminal Code
, in relation to minors, the courts should proceed from the fact that the qualification of crimes on the appropriate grounds (for example, according to
paragraph “a” of Part 3 of 131 of the Criminal Code
) is possible only in cases where the perpetrator knew or admitted that the victim was a person not who has reached 18 years of age or another age specifically specified in the disposition of the article of the Special Part of the Criminal Code.
EXECUTION OF THE SENTENCE
23) Draw the attention of the courts to:
- prohibition of appointing persons convicted of crimes against sexual integrity who have not reached years of probation ( clause "a" part 1 of 73 of the Criminal Code
),
- on the features of conditional early release from serving a sentence for such persons ( p. "d"
and
p. "d" part 3 79
,
part 4.1 79 of the Criminal Code
),
- on the specifics of replacing the unserved part of the punishment with a more lenient type of punishment ( Part 2 80
and
part 4 80
) and deferment of serving a sentence (
part 1 82 of the Criminal Code
),
- the possibility of imposing coercive measures
of a medical nature to persons who, at the age of over 18 years, have committed a crime against the sexual integrity of persons under age, and suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity
(clause "e" part 1 of 97 of the Criminal Code
),
- as well as on the specifics of sentencing to persons who have committed sexual intercourse or indecent acts with a person under 16 years of age, that is, for crimes provided for in Part 1 134
and
part 1 of 135 of the Criminal Code
, if the age difference between the victim (victim) and the defendant (defendant) is less than 4 years (
note 2
to 134 of the Criminal Code).
Url Additional information:
- paragraph 16
Plenum No. 17 closed court session in the interests of the victim
Formal violations
Formal violations
in the text of the verdict: what can they be expressed in?
24) Recommend to the courts, taking into account the specifics of cases of crimes against sexual integrity and sexual freedom of the individual, when considering them:
- eliminate issues that are not relevant to the case,
— promptly stop the tactless behavior of participants in the trial,
Url Additional information:
- Part 1 307 Code of Criminal Procedure
the method of committing the act in the motivational part
— paragraph 41
Plenum No. 55 unnecessary descriptions of methods of crime
- when presenting descriptive and motivational
parts of the court decision, if possible, avoid excessive detail of the methods of committing crimes,
while complying with the general requirements of criminal procedure law.
25) Taking into account the increased public danger of crimes provided for in Articles 131 - 135 of the Criminal Code
committed against minors, courts should identify the circumstances that contributed to the commission of such crimes, violations of the rights and freedoms of citizens, as well as other violations of the law committed during the preliminary investigation or during the consideration of a criminal case by a lower court.
According to Part 4 of 29 of the Code of Criminal Procedure,
it is necessary to draw the attention of relevant organizations and officials to identified facts of violations of the law by issuing private rulings or resolutions.
Return to articles of the Criminal Code in this area
Seek advice
New resolution of the plenum of the Supreme Court of the Russian Federation “on judicial practice in cases of extortion”
On December 17, 2015, the Plenum of the Supreme Court of the Russian Federation adopted Resolution No. 56 “On judicial practice in cases of extortion (Article 163 of the Criminal Code of the Russian Federation)” (2015 resolution), which invalidated the decisions of the Plenum of the Supreme Court of the Russian Federation dated May 4 1990 No. 3 “On judicial practice in cases of extortion” (resolution of 1990) and dated August 18, 1992 No. 10 “On the implementation by courts of the guidelines of the Plenum of the Supreme Court of the Russian Federation on the application of legislation on liability for extortion”, corrected some previously stated provisions and introduced novelties that deserve attention. In contrast to the invalidated resolution of 1990, the new resolution states that the nature of the public danger of the crime under Art. 163 of the Criminal Code of the Russian Federation is determined by the direction of the encroachment not only on property relations and other property relations, but also on the person (health, integrity, honor and dignity, other rights and legitimate interests) (clause 1).
The 1990 resolution dealt with the threat of disclosure of other information, the disclosure of which could harm the honor and dignity of the victim or his relatives. Consequently, the 2015 resolution not only draws attention to the protection of property relations and other property relations, but also places emphasis on the protection of individual rights.
The 2015 resolution especially emphasized the role of intent to obtain material benefit for oneself or other persons with which the guilty person acts in extortion (clause 1).
Unlike the previous resolution, the 2015 resolution reveals the concept of the subject of extortion, which includes not only other people’s property (things, including cash, documentary securities; non-cash funds, uncertificated securities, property rights, including rights of claim and exclusive rights), but also the right to property (the ability certified in documents to exercise the powers of the owner or legal possessor in relation to certain property) (clause 2) and other actions of a property nature, the commission of which is aimed at extortion, as well as actions , not directly related to the transfer of ownership or other property rights (clause 3). Unlike the 1990 resolution, the 2015 resolution contains the concept of a victim of extortion, which can be recognized not only as the owner or legal owner, but also as another actual owner of the property who has suffered physical, property or moral harm (clause 4).
The 2015 resolution contains an expansive concept of the victim’s relatives, including, among other things, relatives of the victim, as well as persons related to the victim (clause 5).
The short stories include mention of a threat, which must be perceived by the victim as real, i.e. there must be reason to fear that this threat will be carried out. To assess the threat as real, it does not matter whether the perpetrator expressed the intention to carry it out immediately or in the future (clause 6).
Failure of the victim to comply with the requirements, combined with that specified in Part 1 of Art. 163 of the Criminal Code of the Russian Federation by threat does not affect the legal assessment of the act as a completed crime (clause 7).
The 2015 resolution contains a provision on the qualification of extortion as a single crime in the case when it comes to repeated demands under threat addressed to one or more persons, if these demands are united by a single intent and are aimed at taking possession of the same property or right to property or to receive material benefit from committing the same action of a property nature, as well as in the case when the requirements are aimed at periodically transferring property to victims, for example, the monthly transfer of a certain amount of money) (clause 8).
The 2015 resolution pays attention to the qualifications of extortion involving various types of harm to health.
If extortion involves beatings, causing minor or moderate harm to health, or torture, then such actions of the perpetrator should be qualified under paragraph “c” of Part 2 of Art. 163 of the Criminal Code of the Russian Federation without additional qualification under Art. 112, 115, 116 or 117 of the Criminal Code of the Russian Federation. In the case of intentional infliction of grievous bodily harm on the victim, the act is qualified under paragraph “c” of Part 3 of Art. 163 of the Criminal Code of the Russian Federation and does not require additional qualifications under Art. 111 of the Criminal Code of the Russian Federation.
If, during extortion, the infliction of grievous harm to the health of the victim resulted through negligence in his death, the act should be regarded as a set of crimes provided for in paragraph “c” of Part 3 of Art. 163 of the Criminal Code of the Russian Federation and Part 4 of Art. 111 of the Criminal Code of the Russian Federation. Extortion associated with murder is classified as a set of crimes provided for in paragraph “c” of Part 3 of Art. 163 and paragraph “z”, part 2, art. 105 of the Criminal Code of the Russian Federation (clause 9).
Like the no longer valid document, the new resolution also pays considerable attention to the issues of distinguishing extortion from related crimes.
When distinguishing robbery and robbery from extortion combined with violence, it should be taken into account that in robbery and robbery, violence is a means of taking possession of property or retaining it, and in extortion it reinforces the threat.
In robbery and robbery, the taking of property occurs simultaneously with the commission of violent acts or immediately after their commission, and in extortion, the intent of the perpetrator is aimed at obtaining the required property in the future.
If extortion involves the seizure of the victim’s property, in the presence of a real set of crimes, these actions must be additionally qualified as robbery or robbery (clause 10).
If, during the course of extortion, someone else’s property was destroyed or damaged and these acts resulted in significant damage to the victim, then there is a set of crimes provided for in the relevant parts of Art. 163 and 167 of the Criminal Code of the Russian Federation (clause 11).
In contrast to the 1990 resolution, the 2015 resolution states that during the course of extortion, dissemination of knowingly false information discrediting the honor and dignity of the victim or undermining his reputation, dissemination of information about the private life of a person, disclosure of the secret of adoption, illegal disclosure information constituting commercial, tax or banking secrets form a set of crimes provided for in the relevant parts of Art. 128.1, 137, 155 or 183 and Art. 163 of the Criminal Code of the Russian Federation (clause 12).
Unlike the 1990 resolution, the 2015 resolution contains an important provision on the legality of requirements for the transfer of property or the right to property or the commission of other actions of a property nature. If these demands are legitimate in nature, but are accompanied by a threat, then if there are signs of another crime, the act should be qualified under the relevant article of the Special Part of the Criminal Code of the Russian Federation (clause 13).
Unlike the 1990 resolution, the new resolution contains provisions on the qualification of a crime committed by a group of persons by prior conspiracy, on complicity (clause 14) and the qualification of extortion committed on a large or especially large scale (clause 15). At the same time, the cost of a claim aimed at transferring someone else’s property, rights to property, performance of work or provision of services exceeds the cost specified in clause 4 of the note to Art. 158 of the Criminal Code of the Russian Federation.
The 2015 Decree contains an important recommendation regarding the identification by courts of circumstances that contributed to the commission of a crime, violation of the rights and freedoms of citizens, as well as other violations of the law and, through private determinations (decisions), to draw the attention of relevant organizations and officials to them (clause 16).
In my opinion, the adopted resolution should be assessed positively, since the previously existing resolution was long outdated and contained references to legislation that had lost force (the Criminal Code of the RSFSR, the Code of Criminal Procedure of the RSFSR).
However, only time will tell how much the new resolution will help solve problems related to the classification of extortion.
Decree on recognition as a victim (sample of completion)
DECISION on recognition as a victim
Ensk
June 25, 201*
The investigator of the investigative department of the Central District Department of Internal Affairs of Ensk, Lieutenant of Justice Muravlev A.V., having examined the materials of criminal case No. 122/234,
installed:
June 11, 201* in the afternoon near house 43 on the street. Revolution in the city of Ensk, two unknown men attacked the city. Sallo I.I., at knifepoint, took away her gold ring and chain with a total value of 7,600 rubles, after which they disappeared.
Based on the above and taking into account that Sallo Irina Ivanovna suffered property and moral damage, guided by Art. 42 <5> Code of Criminal Procedure of the Russian Federation,
decided:
recognize Sallo Irina Ivanovna as the victim in criminal case No. 122/234, and announce this to her against her signature.
Investigator of the investigation department of the Central District Department of Internal Affairs of Ensk, Lieutenant of Justice A.V. Muravlev
This resolution was announced to me on June 26, 201* and at the same time the rights of the victim, provided for in Part 2 of Art. 42 of the Code of Criminal Procedure of the Russian Federation:
1) know about the charge brought against the accused;
2) give evidence;
3) refuse to testify against yourself, your spouse and other close relatives, the circle of whom is defined in paragraph 4 of Art. 5 <6> Code of Criminal Procedure of the Russian Federation. When agreeing to testify, I am warned that my testimony may be used as evidence in a criminal case, including in the event of my subsequent refusal of this testimony;
4) provide evidence;
5) file petitions and challenges;
6) give evidence in my native language or a language that I speak;
7) use the help of a translator for free;
have a representative;
9) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at my request or at the request of my representative;
10) get acquainted with the protocols of investigative actions carried out with my participation and submit comments on them;
11) get acquainted with the decision on the appointment of a forensic examination and the expert’s conclusion in cases provided for in Part 2 of Art. 198 <7> Code of Criminal Procedure of the Russian Federation;
12) upon completion of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including using technical means. If several victims are involved in a criminal case, I have the right to get acquainted with those materials of the criminal case that relate to the harm caused to me personally;
13) receive copies of decisions to initiate a criminal case, to recognize me as a victim or to refuse this, to terminate a criminal case, to suspend criminal proceedings, as well as copies of the verdict of the court of first instance, decisions of the courts of appeal and cassation;
14) participate in the trial of a criminal case in the courts of the first, second and supervisory instances;
15) speak in court debates;
16) support the accusation;
17) get acquainted with the minutes of the court session and submit comments on it;
18) file complaints against the actions (inaction) and decisions of the inquiry officer, investigator, prosecutor and court;
19) appeal the verdict, ruling, court order;
20) know about the complaints and presentations brought in the criminal case and file objections to them;
21) apply for the application of security measures in accordance with Part 3 of Art. 11 <8> Code of Criminal Procedure of the Russian Federation;
22) exercise other powers provided for by the Code of Criminal Procedure of the Russian Federation.
Victim I.I. Sallo
Decree announced and rights explained
Investigator of the investigation department of the Central District Department of Internal Affairs of Ensk, Lieutenant of Justice A.V. Muravlev
A copy of this resolution was received on June 26, 201*.
Victim I.I. Sallo
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<5> Commentary on this article, see in more detail: Ryzhakov A.P. You are a victim of a crime. Your rights and obligations / A.P. Ryzhakov. - M.: Business and Service, 2010. - 144 p.
<6> Commentary on this paragraph, see in more detail: Ryzhakov A.P. Commentary on the Criminal Procedure Code of the Russian Federation. — 7th ed. — P. 28 — 29.
<7> Commentary on this article, see more details there. — P. 601 — 602.
<8> Commentary on this article, see in more detail: Ryzhakov A.P.: more details there. — P. 49 — 50.
