Criminal law: an article for threats (Article 119 of the Criminal Code of the Russian Federation)
Threat to life and health of another person is consideredA dangerous crime against a person. In the domestic Criminal Code provides for an appropriate standard, characterizing the composition and setting the penalty for such an act. Let us consider it in more detail.
Article 199 of the Russian Federation "The Threat"
In part 1 the general composition of the act is established. The norm provides for punishment if there was a threat of murder or beatings and if there were reasons to fear these warnings. Guilty in such cases may be appointed:
- Up to 2 years in prison.
- Arrest till six months.
- Up to 2 years of forced labor.
- Up to 480 hours of compulsory work.
- Up to 2 years of restraint of freedom.
The threat of murder or other reprisals maybe based on religious, racial, ideological, national or political hatred or enmity or because of the dislike of a social group. In this case, the sanctions are as follows:
- Up to 5 years of forced labor.
- Imprisonment for the same period.
In addition to the sentence, the court may prohibit holding certain positions or carrying out any specific activity for three years.
Article for Threats: Comments
In the previous criminal law of 1960. was provided by Art. 270. She qualified acts against public order and security, as well as public health. The new code establishes Art. 119. It is included in the section of norms that deal with crimes against health and life. From its dispositional part, an indication is given of a warning about the destruction of property as a qualifying feature.
Features of manifestation
A statement to the police about the threat ofIf the victim clearly understood that there is a possibility of committing a reprisal against him. Warnings about the use of force against him should be expressed in an understandable form for him and for others. This can be done orally, in writing, by telegraph, telephone, fax and so on. Article for threats extends to actions aimed at the relatives of the victim. Warnings can be transmitted through neighbors or friends and acquaintances. They can be addressed to the victim and in public speaking.
Specificity of the objective part
Article for threats clearly defines the object, onwhich encroaches the guilty. Thus, warnings about rape, robbery and other things will not constitute the composition of this crime. The threat should be expressed concretely. It should become clear to the victim how, by which behavioral acts the perpetrator intends to implement his warnings. At the same time, threats must be real. In his commentary, the Supreme Court pointed out that responsibility only takes place if the victim has sufficient grounds for fear. They can indicate the reasons for which warnings were brought to the attention, the relationship between the culprit and the victim, information about individuals, the conditions in which it was said about the massacre. Thus, an article for threats is applicable if the reality of the incarnation of words is determined. To establish this, it matters how the victim perceives the warning, not only the victim himself, but also the people around him, who are familiar with him and with the guilty.
Separation from other acts
Article for threats is applied from the momentthe issuing of warnings in the presence of the victim or other people. If a person learned about the punishment from a written or other communication, then one can be held accountable from the moment of acquaintance with the message. The threat of murder or other reprisal must be distinguished from the preparation for these acts, as well as from some other related crimes. It should be said that in the structure of the formation of an illegal action, a warning of this kind appears as intent. By itself, it is impunity. But the Criminal Code takes into account the need to strengthen protection and protection of the individual. In this regard, the threat of murder and other violence is allocated to an independent composition. For example, if, warning of the use of force, the perpetrator fled for the victim with a knife, but he did not catch up, then the behavior of the first qualifies under art. 105, art. 30 or art. 111. The use of a rule will depend on the specific circumstances of the incident. The threat in the given example turns into a proof of guilt and is not subject to qualification under Art. 119. Along with this, acts that are not aimed at causing death to the victim are only a warning. They can not be considered an assassination attempt.
The subjective part
This side of the criminal act in questioncan be expressed only in direct intent. The perpetrator realizes that he is threatening the victim with beatings or killing. In this case, the subject wants these consequences to arise. As a motive, careerist or hooligan motives, jealousy, envy, revenge, hatred and so on can act. The responsible 16-year-old citizen can be held accountable for the article under review.
Hooligan impertinent actions usingknife, when the warning of causing death was directed against an indefinite category of persons, it is incorrect to regard it as a threat of murder. Saying words about reprisals can be part of other crimes. For example, it could be rape, robbery, extortion. In such and other similar situations, Article 119 of the Criminal Code does not apply.