Art. 119 of the Criminal Code of the Russian Federation "The threat of murder or causing grievous bodily harm" always causes disagreements in the interpretation: how to distinguish the signs of its composition with such similar attempts to murder and causing harm to health of various degrees of severity.
Necessary
- - The Criminal Code of the Russian Federation;
- - textbooks on criminal law.
Instructions
Step 1
Article 119 of the Criminal Code of the Russian Federation includes two parts. The subject of the first can be any person who has reached the age of 16, while the second limits the number of guilty participants to the subjective side expressed in racism, nationalism and other inter-social prejudices.
Step 2
The essence of the objective side of Art. 119 consists of a spoken out loud or otherwise expressed threat of murder, combined with the object's fear for his life. Unlike her, the attempt may not be designated: the perpetrator approaches his victim and shoots a pistol or commits other ambiguous actions aimed at depriving her of life, while the latter may not even guess about his intentions and not have time to be frightened.
Step 3
Causing harm to health is characterized by injury, which is the ultimate goal. For example, a harmless knife wound. But if at the same time the words "I will kill you now" were uttered aloud, even if the person speaking them does not have such an intention and expresses them in passion, then the crime falls under Article 119.
Step 4
A promise to kill cannot qualify as a threat unless there is sufficient reason to do so. Specifics are a pistol, including an unloaded one, directed towards the victim, or minor bodily injuries, as well as documented evidence: testimony of witnesses, a dictaphone recording, SMS stored on the phone, a letter.
Step 5
An obligatory feature of the crime is also the reality of the threat, that is, the victim has reason to fear for his life: she is inferior in strength and size to the perpetrator, is with him in a state of prolonged provable confrontation. The impression she has created is not enough.
Step 6
The ultimate goal of the crime is not murder at all, but only intimidation of the victim, bringing him to a state of panic and the presence of constant discomfort and a feeling of fear, which can be recorded by the attending physician who made the official diagnosis. That is why the absence of cartridges in the pistol is not a mitigating circumstance.
