Art. 105 of the Criminal Code with comments

Art. 105 of the Criminal Code "Murder" establishes sanctions for the willful deprivation of another person's life. This crime is considered particularly serious and is punishable with all the severity of the law. Without aggravating circumstances for this act is appointed 6-15 years in prison.

Part two

Qualifying signs are established in it. These include murder:

1. Two or more people.
2. Employee or his relatives, in connection with the exercise of his first duties or the performance of duty.
3. A minor or other person who is found guilty of a knowingly helpless situation.
4. Conjugated with the abduction of a citizen.
5. Women who are known to be abusers in a state of pregnancy.
6. Perfect by a generally dangerous method.
7. Group of persons, including by prior arrangement or organized community.
8. With special cruelty.
9. Based on the motives of blood revenge.
10. For hire or from self-interest.
11. Conjugated with banditry, robbery or extortion.
12. To conceal another crime or facilitate its commission.
13. Conjugate with rape or the use of violent sexual acts.
14. From hooligan motives.
15. To use the tissues / organs of the deceased.
16. Of racial, national, political, religious, ideological hatred and enmity, or for the same reasons with respect to a social group.

These signs are considered aggravating circumstances under art. 105 of the Criminal Code. The punishment for the deed is imprisonment for 8-12 years. In addition, up to two years of restriction of freedom may be imposed. Depending on the circumstances of the commission of the crime, as well as other criteria that are essential for the qualification of what was done under Part 2, Art. 105 of the Criminal Code, the term of imprisonment can be increased to life.

A comment

In the current Code, simple and qualified compositions are combined in one article. This is consistent with the structure of other criminal codes, which provide additional signs in their parts and points. Criteria for the core membership are mandatory for the qualification of the crime under Part 2 of Art. 105 of the Criminal Code. These aggravating circumstances, among other things, are important when considering other acts against life. In this connection, the analysis of a simple composition can be qualified as an analysis of the "deliberate infliction of death in general".

Features of the definition

In the first part of Art. 105 of the Criminal Code gives an interpretation of the crime - deliberate infliction of another person's death. In its main features, it corresponds to the definition adopted in the framework of the theory of criminal law. Together with this, one can not but note one nuance. Previously, the murder was understood and deliberate deprivation of life, and imprudent causing of death. In the article, the definition of the act is quite clear. Such a notion as "reckless killing" is not provided for in the Criminal Code. In this case, this specification makes sense. The fact that the need to call the guilty murderer before often acted as an internal psychological and language brake in the course of considering cases involving the prosecution of specialists from various fields (teachers, doctors, educators, etc.) who, by their negligence, and in some cases because of Inaction, caused other people to die in the course of fulfilling their duties.

An object

As it is the life of man. It should be considered not only as a biological process, but also the possibility of the existence of an individual in society, provided by law. As the object of the wrongful act, life is not subject to quantitative or qualitative assessment. The most important principle of criminal legislation is the provision of equal protection of people from encroachments on their existence. When qualifying what was done under Art. 105 of the Criminal Code does not matter: the age, physical condition, the situation of the victim in society. Criminal law in Russia does not recognize the legitimate cause of death to a hopelessly sick person, even if he himself agrees.

The subjective part

A crime that qualifies under Art. 105 of the Criminal Code provides for the existence of an indirect or direct intent. Another person dies not only in the case when the deprivation of life acts as an end in itself of the guilty. In a number of cases, random witnesses are killed in order to avoid exposure, cashiers for capturing money. The goal, therefore, may be beyond the scope of the crime. However, in these cases, the desire, acting as a willful component of intent, is also present. Although the overall attitude of the perpetrator to the murder may be negative. The crime is considered to be completed from the moment of biological death. For the qualification of the act, the time for the termination of the life of the victim will not be significant. In the case of actions involving murder, but not carried to the end (death did not occur), they are regarded as an attempt.