208 Article of the Criminal Code of the Russian Federation: The organization of an illegal armed formation or participation in it
Article 208 of the Criminal Code of the Russian Federation regulates the act of creating an illegal armed formation (IAF), an association, a detachment or another group, as well as the financing or management of these brigades.
What is an IAF
IAF includes a significant number of persons. They have a certain level of internal organization, equipped with weapons. The associations under consideration are guided by the orders of the command.
The involvement in the illegal formation of a foreign state both on its territory and in the open spaces is also prohibited by law.
The danger lies in the fact that the activity of the formation is able to introduce an imbalance in the relations between the branches of power, and cause social tension.
It is important to know some of the nuances. An illegal armed formation can be created with the goal of achieving socially useful tasks. For example, the protection of the inhabitants of the region or order in society. Despite this, the formation of the formation is not in accordance with the current legislation is the basis for bringing participants to criminal liability.
Object of a criminal act
The object of a criminal act is securitysociety, protected and protected by law. The subject of the committed crime is the weapon specified in the "Law on Arms". Simply put, these are objects or devices whose purpose is to defeat a living or other purpose.
The objective side of the criminal act
The objective side of the criminal act isthe organization of an armed association, squads, detachment, etc., for example, recruiting people into these organizations, training them in certain skills, building an organizational structure. Participation in the management of such a formation and its financing, as well as assistance in the activities of organizations, is also considered an objective party.
Armed formation may have a statusdetachment, unit, squad and other group established for the purpose of carrying out certain actions. For example, it could be the commission of a terrorist act.
The main sign of formation is hisillegitimacy. Also here include the presence of its members cold or firearms. At the same time, illegal trafficking of radioactive substances or nuclear materials, their manufacture is qualified under other articles. The formation of this formation is expressed in the commission of its members by certain actions, as a result of which such a group was formed. For example, the search for weapons, the selection of participants, etc.
Managing this illegal formationmanifested in actions aimed at organizing the activities of the already established group. For example, the organization of service, the development of plans, the delineation of responsibilities between participants, the issuance of orders or orders, etc.
Financing means the provision of funds or the collection of money, as well as other activities to provide material support for illegal armed groups.
Article 208 part 2 of the Criminal Code defines participation in theformation, which means entering into it and performing other actions, in accordance with the tasks of the group. For example, on duty, getting a form, taking an oath, participating in ongoing classes, etc.
Illegality of formation means that itis created and operates in violation of existing laws. This is described in Article 208 of the Criminal Code. The commentary to it provides for the term formation - the association of a large group of individuals with a view to solving a specific problem. However, the brigade structure can be different. Usually it is created on the model of a military formation.
Types of weapons in the IAF can be any, but there arenuance. One or two units do not indicate a sign of armament. At the same time, it is not required that each participant in the formation has special means.
The composition of this act is formal. A crime is considered to be completed from the moment of execution, regardless of the onset of harmful consequences. What does it mean? Simply put, Article 208 of the Criminal Code of the Russian Federation provides for the termination of the act from the moment of the formation of several persons into the group and the acquisition of at least a few of them weapons, explosives,
The subjective side
From the subjective side, the deed is characterizedpresence of guilt and direct intent. Simply put, when the perpetrator realizes that he is creating an illegal criminal group, finances him, directs him or takes part in it, which is prohibited by Article 208 of the Criminal Code of the Russian Federation. The crime may also contain elements of other unlawful acts. For example, hostage taking, murder, etc. This is qualified in conjunction with Article 208. Motives and goals do not affect this. The subject of a criminal act may have, so to speak, good goals. For example, the desire to protect citizens from criminal structures.
Motive and purpose can only be taken into account whendetermination of the penalty. But they are not decisive in distinguishing the given deed from other crimes similar to it (armed insurrection, banditry, terrorism).
The subject of a criminal act
Who can be held accountable? Article 208 of the Criminal Code of the Russian Federation under the subject of a criminal act implies a sane person, but there is one more condition. It must reach 16 years.
Exemption from liability
Article 208 of the Criminal Code contains an incentive rule. In his note indicates that a person who voluntarily ceased to participate in the formation, handed over weapons, may be exempted from criminal liability. There is also a reservation here. A person can expect to be rewarded, provided that his actions did not contain a different composition of the criminal act. Voluntary means that a person ceases to participate in the formation on his own initiative with the prospect of continuing to work in the organization.
Article 208 of the Criminal Code of the Russian Federation, Part 1 providespunishment in the form of imprisonment. The term is assumed to be up to fifteen years. The second part defines a less severe punishment. It provides for a period of up to ten years.
The difference from banditry
It is important not to confuse illegal armed groups and banditry. Article 208 of the Criminal Code of the Russian Federation says that in the illegal formation of such a task: the achievement of certain goals. For example, religious, commercial, political, etc. Banditry creates a stable armed group. Its purpose is to attack organizations or citizens.
In addition, the gang may be armedtestify to the presence in it of at least one unit of weapons. And for the criminal act we are considering, weapons are determined by a sufficiently large number of special-purpose units.
The difference from the armed insurrection
An illegal armed formation from armed rebellion is distinguished by the fact thatillegal formation does not provide for active actions related to the action against the authorities. It does not set the goal of violent maintenance or change of the constitutional order. But the IAF can grow into an armed insurrection when the targets of an armed insurrection arise. Then the act is assessed as a set of crimes.
Difference from terrorism
The main difference between illegal armed groups and terrorism is the characteracts. This must be able to distinguish. Also, terrorism provides for special purposes: intimidation of the population, violation of public security, influencing decision-making by the authorities.
Article 208 of the Criminal Code does not determine the purpose of committing a criminal act, although there is a sign of armament. But for terrorism, this feature is not necessary.