The Law considers as one of the aggravating circumstances of murder a murder committed by a group of persons by prior agreement, without it, or by an organized group. Murder without prior agreement is spontaneous and not planned in advance, unlike the other two options. The concepts of “group of persons with prior conspiracy” and “organized group” differ in co-organization and preparation time. In an organized group, participants have different roles, and the crime itself is prepared in advance, with a careful plan and selection of weapons. A group of persons with a preliminary conspiracy is essentially united only by a common intent to kill and a conspiracy that may arise immediately before the crime.
Concept. What is the article in the Criminal Code of the Russian Federation?
Health and life are our main wealth.
Money may run out, love may pass, and children may grow up, but life and health are what is paramount for every person.
When a threat looms over a citizen, received from a specific person not in a joking form, but in the form of a warning, it is worth thinking a little and notifying law enforcement agencies about this by filing a police report.
However, our law enforcement agencies are not willing to take on such cases , because there are very, very many cases where a person simply misjudged intonation or a joke.
If we talk about how the legislator deciphers this crime, then it is necessary to turn to the Criminal Code of the Russian Federation, namely, Article 119 of the Criminal Code of the Russian Federation, part 1 .
A threat to kill is an action of a criminal, which in some way even implies mental violence , and if there are motives to fear the veracity of words, then threats to commit murder or cause grievous harm to health.
Changes to animal protection legislation
Bill No. 458458-5 “On the responsible treatment of animals and amendments to certain legislative acts of the Russian Federation” is being actively discussed. This bill regulates the keeping of animals and changes other laws to increase penalties for animal cruelty.
This law establishes not only the rights, but also the obligations of animal owners, as well as third parties. For example, grounded rules for walking an animal have been established; the collar must have a tag with the information of its owner; the owner is obliged to prevent the animal from polluting public places; responsibility for this has been established.
It also provides for state registration of animals within three years from the date of entry into force of this law.
In addition, the owner of the animal can no longer leave it on the street, but will be obliged to find a new owner for it or hand it over to a shelter, otherwise he will be fined.
Note! The Law on the Protection of Animal Rights establishes a list of animals whose keeping in apartments of multi-storey buildings is prohibited.
Is it possible to sue an animal killer?
If, due to the deliberate actions of a third party, the animal died, then its owner has two options for behavior:
- apply to the court with a claim for compensation for damage caused - in accordance with Art. 137 of the Civil Code of the Russian Federation, an animal is a thing, and general rules on property apply to it. Thus, if damage is caused to a citizen’s property, the person at fault is obliged to compensate for it, that is, to reimburse the owner for the cost of his animal;
- file a complaint with law enforcement agencies - if the owner of an animal believes that the actions of a third party constitute a crime, he is obliged to contact law enforcement agencies to bring the perpetrator to justice under Art. 245 of the Criminal Code of the Russian Federation.
Responsibility for killing a stray animal
To date, the problem of killing (euthanasia) of stray animals has not been resolved at the federal level. This issue is regulated at the level of legislation of the constituent entities of the Russian Federation. For example, in Moscow, St. Petersburg and other cities there are regional laws on the maintenance and treatment of stray animals.
So Art. 8 of the Law of the Nizhny Novgorod Region “On stray animals on the territory of the Nizhny Novgorod region” dated September 28, 2015 No. 136-Z establishes the following cases of euthanasia of stray animals:
- when defending against an animal that attacks a person;
- if, due to illnesses and injuries, the animal’s further life causes him suffering.
In all other cases, euthanasia of stray animals is not permitted and may result in liability under Art. 245 of the Criminal Code of the Russian Federation.
Is it possible to punish for killing dogs for hooligan reasons?
Part 1 art. 245 of the Criminal Code of the Russian Federation contains such a qualifying feature as hooligan motives when killing an animal. This occurs when a guilty person kills a dog in a showy manner out of disregard for public morality.
When qualifying, it is important to determine that the person who killed the animal did not have a reason for action - for example, extreme necessity. Otherwise, he will be released from criminal liability, as he was defending his life.
When recognizing the actions of such a person as a crime, one should proceed from the circumstances that occurred at the time of causing the death of the animal. If a person was attacked by a dog without a muzzle, which belongs to the so-called fighting breeds, and tried to bite him, then he has every right to defend himself, in which case criminal liability is excluded.
For all questions, we recommend contacting our website lawyers.
Latest questions on the topic: “killing an animal”
Killing an animal
I live in the private sector.
Recently it turned out that neighbors' cats began to disappear. The other day it was my cat’s turn. I know who exterminates animals. Since several years ago, I personally freed cats from traps that my neighbor set. There is no evidence that this person kills cats. What do i do? how to punish a murderer? Kargina Olga, Astrakhan
killing an animal
Lawyer: KRISTINA S
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Hello! Vav needs to write a statement to the police so that they take up this matter.
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Killing an animal
Why doesn't our state check yards and catch stray dogs?
Even with children it’s scary to go out for a walk Veronica, Kazan
killing an animal
Lawyer: Oleg Zuev
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Hello! The responsibility for monitoring the keeping of domestic animals, the improvement of residential areas, including the capture and maintenance of stray animals, in accordance with local regulations (municipal rules), is assigned to local governments. I would advise you to write a complaint (in any form) to the prosecutor's office at your place of residence. Based on the results of your complaint to the prosecutor's office, the latter's employees will conduct a prosecutor's inspection and issue a binding report. In case of non-compliance with which officials of local governments will be punished, and you must be given a written response and the prosecutor's office
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Killing an animal
While visiting our Voronezh Zoo, I observed pictures of complete mockery of poor animals. For example, I will give a situation: I went up to pet a donkey that was tied to a tree on a 10-centimeter leash (under his feet there was sand and not grass), this animal is very strong screamed, I realized that he was thirsty and poured water into his palm, he licked it off as if he hadn’t drunk for a year.. I went up to the employees and asked what the problem was, they answered that donkeys don’t drink water, and when asked what they drink they didn’t answer me... The poor animals are all skinny, they move as if they are going to die right now. The bears are also always screaming, always hungry and without water... where to turn?
Love, Mr.
killing an animal
Lawyer: Alexey Shpadyrev
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Love, hello!
It is best for you to contact the prosecutor's office with a complaint regarding this fact.
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Lawyer: Svetlana Shamanina
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Unfortunately, our legislation provides for liability for cruelty to animals only if the animal is injured or killed. Animals are considered property. Therefore, there are no formal grounds for filing a statement about committing a crime in this case. But you can try to write complaints to higher organizations and the prosecutor's office, with a request to conduct an inspection of the keeping of animals.
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Killing an animal
Hello!
Today we had such an incident, two men I didn’t know, intoxicated while my husband and I were not at home, climbed onto our territory, that is, into our yard and brutally killed our dog, or to be more precise, strangled him with a chain and brutally beat him…. Our neighbors informed us about this, we called the police, wrote a statement, and they were detained. But I’m interested in the following question: what punishment will they suffer for this? Angelika, Kulunda
killing an animal
Lawyer: Olga Sharuda
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Hello, Angelica.
Article 245. Cruelty to animals [Criminal Code of the Russian Federation] [Chapter 25] [Article 245] 1. Cruelty to animals, resulting in their death or injury, if this act was committed from hooligan motives, or from selfish motives, or with the use of sadistic methods, or in the presence of minors, is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or restriction of freedom for a term of up to one year, or arrest for a term of up to six months. 2. The same act committed by a group of persons, a group of persons by prior conspiracy or an organized group is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or imprisonment for the same term.
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Killing an animal
Hello, I don’t know if I’m applying there, but January 17, 2016.
in the area of the village of Visly, in a section of the area called “Lopatino”, 3 hunting dogs were brutally killed (2 shots with 5mm shot). An investigator was called to the scene of the incident and conducted an inspection of the area; photographs were taken from the scene of the incident of the killed dogs. Gr. Tarasov, who killed the dogs and was in a drunken state, tried in every possible way to justify himself by the fact that he was defending his goat, which they allegedly attacked, at The investigator, when examining the goat, did not reveal any signs of an attack on the goat; it was calm and healthy. The Administration of the Department of Internal Affairs of Russia also arrived in the Semikarakorsky district of Art. Police Lieutenant E.A. Fedosov with a representative of the Cossack society and began to question everyone about what had happened. From the first actions of E.A. Fedosov, it was clear that they were familiar with gr. Tarasov, a demand was put forward to senior lieutenant Fedosov that gr. Tarasov was examined for alcohol intoxication, but we received a refusal from the senior lieutenant. On 01/18/16 we provided the dog corpses for a pathological autopsy and on 01/22/16 we received a conclusion and several bags of 5 mm shot, the conclusion said “injuries incompatible with life.” Attempts to open a case on the fact of cruelty to animals” and the involvement of gr. We received a refusal to hold Tarasov accountable. As it turned out later, Senior Lieutenant Fedosov treated everything negligently and hid all the facts of what was happening (most likely because of his acquaintance with Tarasov). We really need help, because these were not just dogs, but members of our family. How can we bring to justice not only Count Tarasov but Senior Lieutenant E.A. Fedosova??!!very grateful to you! Ekaterina, Rostov-on-Don
killing an animal
Lawyer: Alexander Skorobogatko
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Hello! Contact the chief of police with a complaint about the actions of police officers.
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Lawyer: Sergey Kolivanov
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Hello, I have to disappoint you.
Despite the fact that the criminal code contains an article on “cruelty to animals”, in this case it is not applicable, because it was simply the killing of an animal, without torturing it, using torture, sadism, etc. Therefore, no matter how carefully the investigation was carried out, it would still be closed.
But you can sue this Tarasov to recover both material damage to both dogs and moral damage, and this amount can be almost any. You have all the evidence for the court.
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Lawyer: Sergey Kolivanov
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“Commentary to the Criminal Code of the Russian Federation: in 2 volumes.”
(article-by-article) (volume 2) (2nd edition) (edited by A.V. Brilliantov) (Prospect, 2015) Cruelty consists of torturing or abusing animals, causing suffering to animals. It can be expressed in beatings, harm to the health of the animal (for example, self-mutilation of the animal, prolonged deprivation of food and water, etc.). Various types of fights between animals (for example, dog fights, cockfights) should also be classified as cruel. Taking this into account, it seems that the quick, practically painless killing of an animal does not form part of this crime. One of the decisions of the Supreme Court of the Russian Federation emphasized: cruel treatment of an animal that resulted in its death is understood as systematic beating, leaving without food and water for a long time and similar treatment of the animal or, for example, a painful method of killing. As follows from the verdict, Naleukhin killed the dog by striking it several times on the head with an unknown object. There is no evidence in the case that Naleukhin’s intent was aimed at causing suffering to the animal and was not given in the verdict (Decision of the Supreme Court of the Russian Federation of February 20, 2007 No. 4-O07-13)
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Lawyer: Sergey Kolivanov
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and one more thing - actions of killing dogs can be fully qualified under Article 167. Deliberate destruction or damage to property (from the point of view of the law, animals are things):
1. Deliberate destruction or damage to someone else’s property, if these acts entailed the infliction of significant damage, is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a period of up to three hundred and sixty hours. , or correctional labor for a term of up to one year, or forced labor for a term of up to two years, or arrest for a term of up to three months, or imprisonment for a term of up to two years.
Significant damage to a citizen in the articles of this chapter is determined taking into account his property status, but cannot be less than two thousand five hundred rubles.
Therefore, it makes sense to contact the police with a statement to bring him under Art. 167 of the Criminal Code of the Russian Federation, and in case of refusal, contact the prosecutor’s office.
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Killing an animal
When we returned from work, we discovered that there was no dog, we looked at the surveillance camera, saw that it was running around in the territory of the house, then the neighbors (not Russians) came out and said they wouldn’t hate us.
They started calling her and she jumped over the fence. Further in the video you can see how she went to them and did not leave them, then they all started running, they say that she ran away, the dog never ran away but not anywhere, neither alive nor dead. The next day, the neighbors were washing the car's soot. How can you prove something here? And now they go around laughing...like the Earth bears such people. Anastasia, Khabarovsk
killing an animal
Lawyer: Azizbek Yusupov
offline now
If you prove that it was they who killed, then you can prosecute
Article 245. Cruelty to animals [Criminal Code of the Russian Federation] [Chapter 25] [Article 245] 1. Cruelty to animals, resulting in their death or injury, if this act was committed from hooligan motives, or from selfish motives, or with the use of sadistic methods, or in the presence of minors, is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or restriction of freedom for a term of up to one year, or arrest for a term of up to six months. 2. The same act committed by a group of persons, a group of persons by prior conspiracy or an organized group is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or imprisonment for the same term.
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Lawyer: Ilya Kostromov
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It’s a pity for the dog, but under these circumstances it’s unlikely that we’ll be able to prove anything. The evidence is clearly not enough.
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Corpus delicti
The threat, as we have already understood from the meaning of the article, is one of the good methods or, in other words, methods of mental influence.
The purpose of such an act is, first of all, to intimidate the victim who hears such statements addressed to him.
Therefore, the objective side says that a criminal offense is precisely the threat of causing harm to health or murder.
If a threat is made, but with a slightly different semantic meaning, for example, a threat of theft, violence, kidnapping , this is a slightly different crime and does not apply to Article One Hundred and Nineteen.
The threat has a number of features that are commonly called “special”. So, the threat must first of all be specific , and secondly, real . If neither condition is met, it may not even be a threat.
This crime is committed in various ways. Sometimes intentionally, sometimes in a state of insanity or some kind of intoxication . In any case, each crime is individual and is also considered taking into account individual characteristics.
Objective and subjective side
In order to delve into the main elements and concepts of the article in more detail, it is necessary to parse it into four elements. The first and most important is the object of the crime , because it is in accordance with the object that we can say what harm, and most importantly, what is caused in connection with the commission of a crime.
The object of this act is the inviolable personal mental state of the citizen to whom moral or mental violence was applied.
The second, important aspect of the crime is the objective side . It is expressed in the fact that the victim receives information in one way or another that they want to cause him serious harm to his health or even death.
This can only be expressed verbally, as well as in gestures, statements, demonstrative actions, and so on.
A threat is a component of the objective side of a crime that can also be classified. There are two criteria for determining a threat; it can be objective and subjective.
An objective threat is a threat that could actually be used against the victim, and also carried out at that very moment.
A subjective threat is a threat that applied directly to the victim, and not to other participants in the conversation, for example, or even strangers.
Moreover, it is not at all necessary that the criminal really wants to carry out the threat put forward. It is enough that it was regarded as real .
If we talk about the subjective side, then it is expressed only in direct intent . The criminal knew what effect his words would have and wanted to achieve it.
If the offender spoke as a joke , but the victim and those around him took such a threat seriously, criminal liability from the culprit is not removed .
If we talk about the subject of a crime, then, of course, it is a person who has a number of characteristics. For example, the person must first be sane, have legal capacity from birth, and have reached the age of sixteen.
Qualification (signs)
The qualifying signs of such an act are reflected in Part 2 of Art. 119 of the Criminal Code of the Russian Federation . There are not many of them, but each of them is significant in its own way.
The first sign is the commission of a crime motivated by some kind of hatred . This could be hatred towards representatives of different concessions, ideology, race, and so on. The Russian Federation does not allow such stratification of society, therefore this situation is included as a separate feature. You cannot threaten a person just because his worldview is different from yours.
The same applies to the second group of qualifying characteristics, characteristic of social groups . In addition to social groups, a sign also includes classes . The state does not allow such an attitude, therefore all of the listed signs are aggravating.
Forms and objective signs of death threats:
- verbal. A verbal form can only be considered a threat if this very threat was clearly formulated and voiced in it. The verbal form can be heard over the phone, through a video message and in other possible ways. If the victim accepted such a threat as real, then the case is criminally punishable.
- with a knife. Threatening with a knife is primarily a demonstration of weapons. The victim, seeing the object with which they want to injure him, perceives the received threat more realistically. If the criminal does not even use a knife, but a similar object, but the victim regarded it as a bladed weapon - therefore the punishment remains the same.
- by phone. A telephone threat is a form of verbal threat. Sometimes the victim does not recognize the voice of the criminal, sometimes he does. A telephone threat is regarded as valuable evidence, because in some cases the conversation can be recorded and used as evidence in court.
- sms. An SMS threat is a written threat. It is easy to determine the author of such a message, even if you do not have such a number in your notebook. A threat via SMS is important evidence of the criminal’s guilt. Such a threat, unlike a verbal one, remains on an electronic medium and can always be presented to the detainee.
- via the Internet. A threat received on the Internet is also written. Modern technologies can help identify the author of such a message with great ease, however, not all law enforcement agencies are ready to take on such a case. The threat on the Internet must be recorded somewhere and presented as evidence.
Circumstances of the murder
For the correct qualification of premeditated murder and fair punishment of the perpetrator, identifying the circumstances of the crime is of great importance.
There are 2 types of circumstances that aggravate the guilt of a murderer. Some of them are important for determining the punishment for a criminal (Article 63 of the Criminal Code of the Russian Federation), while others act as classification elements of a crime (Article 105 of the Criminal Code of the Russian Federation).
According to Art. 63 of the Criminal Code of the Russian Federation, aggravating circumstances are:
- the act was committed by a repeat offender or an employee of internal affairs bodies;
- involvement in crime of persons under the age of criminal responsibility, as well as citizens suffering from mental illness or under the influence of intoxicants;
- a particularly active role in the process of committing murder;
- deprivation of a person's life in order to conceal another crime;
- the occurrence of grave consequences as a result of committing a crime;
- murder using the trust that the victim placed in the perpetrator due to his official position or contract;
- deprivation of life of a minor by a parent, guardian, teacher, social worker, etc.
- other circumstances listed in Art. 63 of the Criminal Code of the Russian Federation.
There are also circumstances mitigating the murderer's guilt:
- state of passion, insanity, sincere repentance, readiness to suffer a well-deserved punishment;
- if the crime was committed accidentally (by negligence), for the purpose of defense, in the performance of duties or assistance in the capture of a criminal;
- sincere confession, assistance in clarifying circumstances and collecting evidence;
- the age of the accused is less than 14 years.
Criminal liability. What's the threat?
The Criminal Code establishes liability for such an act.
Thus, crimes corresponding to part one of article one hundred and nineteen are subject to punishment in the form of compulsory labor under the control of the criminal correctional inspection for up to four hundred hours , as well as, in some cases provided for by law, imprisonment for up to two years .
Arrest may also be charged, that is, staying in a detention center for up to six or seven months , as well as serving a sentence of imprisonment in a maximum security colony .
for qualified characteristics . Thus, crimes corresponding to the second part are punishable by forced labor for a term of up to five years, as well as imprisonment for a term of up to five years, deprivation of the right to hold certain positions, and correctional labor for a term of up to six hundred hours.
Administrative liability for cruelty to animals
The Code of Administrative Offenses of the Russian Federation does not provide for liability for cruelty to animals. Administrative liability is provided only for the following actions:
- destruction of animal habitats (Article 8.29 of the Code of Administrative Offenses of the Russian Federation);
- destruction of rare and endangered species of animals (Article 8.35 of the Code of Administrative Offenses of the Russian Federation).
These offenses involve committing them against wild animals, while cruelty to animals applies to both wild and domestic animals.
Moral damage
The Civil Code provides for the recovery of moral damages for such crimes.
In the end, significant harm was done to your mental and moral health . You were forced to experience fear and discomfort and constantly expect an attack.
Of course, this has not been in vain for your general condition and mental health. Perhaps, in some cases, for physical health.
Taking all these factors together, we can conclude that you not only have the right, but also the obligation to recover moral damages from the criminal for the committed act.
Statement
If you receive a real threat, then do not wait for the possible actions of the criminal, but urgently notify law enforcement agencies about it .
Don't give in to panic and emotions. Act with composure. You can write a statement to both the prosecutor's office and the police .
At your request, you will be provided with a form and sample to ensure that your application is completed correctly.
In the application, be sure to indicate the authority where you are submitting the document, your initials and contact details, and also state in detail the essence of the problem, without giving vent to emotions. It would be good if you made links to the relevant articles in the law.
If you know information about the criminal , please include that as well. If not, write that you have no assumptions.
It’s good if you still have some evidence . The recording tape, witness statements and other things can significantly help in considering this case.
After this, take the application to the office, where you are given a document confirming this fact and you wait for the moment of initiation of a criminal case .
Download a sample death threat statement.
What is the punishment?
According to Part 1 of Article 119 of the Criminal Code of the Russian Federation, the following types of punishment are imposed for committing such a crime:
- arrest;
- imprisonment for a term of two years;
- performing correctional work;
- performing mandatory work;
- fine.
However, not all of these punishments are suitable if the crime was committed by a minor.
arrest, fine (only in case of emancipation) or imprisonment are not applied to minors .
A minor is placed in a general regime correctional colony for a period half as long as the term served by adults.
However, minors carry out correctional and compulsory labor under the supervision of criminal correctional inspectorates on an equal basis with adults , but with the least amount of time.
How many years do you get for killing a person?
Art. 105 of the Criminal Code of the Russian Federation is divided into 2 points. The first part of this norm deals with the deprivation of a person’s life without the presence of circumstances aggravating the guilt of the killer. In this case, the offender will receive 6-15 years in prison. Such a wide range of possible terms of imprisonment is not accidental, because the procedure for determining the punishment in each specific case must be approached as individually as possible - it is important to determine the motives of the criminal, the degree of his guilt and position in the case (categorical denial of involvement in the crime in the presence of sufficient evidence or, on the contrary , assistance to the investigation, etc.).
Note! Simultaneously with imprisonment, the court may impose a restriction of liberty on the offender for 2 years, but this happens quite rarely.
The second part of the article lists compelling aggravating circumstances, the punishment for which will be more severe: from 8 to 20 years in prison, life imprisonment or the death penalty.
How to prove?
A death threat can be considered proven if you have the necessary evidence . What can be considered evidence?
Evidence can be considered testimony of witnesses, a recording of a conversation, an SMS message with a threat, or a threat from a user on the Internet. If you can provide such evidence, the fact is considered proven.
also be considered evidence , because handwriting can easily be recognized through examination. The evidence is all around us, you just have to reach out and try to find it.
Difference from attempted murder
As a rule, the differences begin right from the object of the crime.
In one case it is life and health , and in the other - mental state .
In addition to the object, differences arise from the manner in which a particular crime was committed.
In the event of a threat, there was only notification of the victim in some way. In the case of the assassination attempt, all preparations were made , but at the stage of execution something went wrong.
There are differences in the subject of the crime. In the case of an attempt, he is a person who has reached the age of fourteen , in the case of a threat - sixteen years .
"Manslaughter
This is exactly how the theory of criminal law refers to the intentional deprivation of a person’s life without any special (qualifying) circumstances.
The most common cases of such a crime include causing death in a fight, during a domestic quarrel, motivated by jealousy, etc. Such unlawful actions fall under Part 1 of Art. 105 of the Criminal Code of the Russian Federation.
Here are examples of simple premeditated murder:
- household.
There was a conflict between neighbors in an apartment building over a parking space, as a result of which one neighbor hit the other, as a result of which the victim died;
- out of jealousy.
The husband returned from a business trip earlier and found his wife’s lover in his bedroom, after which he killed him;
- out of hatred.
One friend was very jealous of the other, so she ambushed her late at night at the entrance and dealt a fatal blow;
- to cover up another crime.
The victim’s colleague knew that he had a large amount of money kept at home and decided to steal it. During the theft, the criminal was discovered by the victim's mother, whom he killed as an unwanted witness;
- out of compassion.
For several years, a citizen cared for his terminally ill sister, who was experiencing hellish pain from a cancerous tumor. He could no longer watch the patient suffer and disconnected her from the artificial feeding machine.
It should be noted that Art. 105 of the Criminal Code of the Russian Federation does not always imply an active desire to kill; the so-called “indirect” intent is also allowed here. This means that although the criminal did not directly want the death of another person, he allowed this consequence to occur without doing anything to prevent it.
Example: a husband beats his wife, delivering severe blows. Although he does not expressly desire to kill the victim, he is aware that blows of such force can lead to death, so his actions are classified as murder.
Murder is a particularly serious crime. This category of cases has the following features:
- it is impossible to terminate the proceedings in connection with the reconciliation of the criminal with the representative of the murdered person or as a result of his active repentance;
- it is impossible to appoint a special procedure for considering the case (simplified, without calling all witnesses);
- the statute of limitations for the crime is 15 years;
- during the consideration of the case it is impossible to do without the presence of the defendant in the courtroom;
- in 98% of cases, the accused is given a preventive measure in the form of detention;
- men are assigned a strict regime of serving their sentences, women are assigned a general regime (that is, they cannot receive a penal colony);
- it is impossible to obtain complete release under an amnesty.
Arbitrage practice
Judicial practice on such crimes is extensive. Any investigative committee has heaps of similar cases. This happens not only because there are so many people in the world who hate each other , but because there are many situations when this happens.
For example, in a state of alcoholic intoxication, you can say something different, however, such behavior can be considered a threat, even if you did not mean it. The same cases include the state of passion .
There are often situations when a husband finds his woman with another and in a fit of rage, being in a state of passion , says that he will kill them. The unfortunates file a report with the police, although the husband cooled down after fifteen minutes and had no intention of putting what he said into practice. You can see more examples from judicial practice under Article 119 of the Criminal Code of the Russian Federation at the following link.
