In judicial practice, there are cases when the guilty party, when committing a crime, inflicts psychological and physical suffering on the victim. They are usually qualified as torture. Responsibility for such actions is clarified by article 117 of the Russian Criminal Code.
Essence of the question
Every citizen in our country has certain rights and freedoms. They are protected by various laws and must be respected by all members of this society. And the one who violates them is obliged to bear responsibility for this. In the case when there is violence against a person, the concept of “torture” appears. 117 articles of the Criminal Code of Russia are devoted to him. Before you start reading the law, you need to understand this term. What is torture?
Lawyers understand him as suffering, both physical and mental in nature, which was inflicted on a person as a result of systematic violent acts (torture, beatings, insults and threats). It is these violations of individual rights that are examined in article 117. She stands on the protection of the victim. It is about his right to life and health, given to every citizen by the Constitution. Article 117 defines the punishment for those who decide to violate this law. The intruder encroached on the most expensive thing for any person and must pay for it.
Possible consequences
But we must remember that not all actions lead to serious suffering. For example, if two people fought without visible damage, then in this particular case we are not talking about any beatings. There is a usual fight without serious consequences. Here a completely different punishment may be applied. And article 117 of the Criminal Code is applicable only when the consequences caused serious harm to the health of the victim. Moreover, it must be proved that these actions were caused to him intentionally.
All details regarding such offenses are set forth in Articles 111 and 112 of the Criminal Code of the Russian Federation. It lists in detail cases that could be considered harmful. For example, beating a woman, knowing that she is in a state of pregnancy. Also, actions that led to severe disorders of any sensory organs (hearing, speech, vision) can be attributed to this. The result of such actions may be a temporary disability or a complete loss of the ability to perform their professional duties. Article 117 of the Criminal Code of the Russian Federation considers in detail each individual case, taking into account all the circumstances known in the case.
Fair punishment
When committing any illegal actions, a person must remember that for each of them he must be punished. As you know, article 117 of the Criminal Code consists of three parts. Each of them refers to actions to cause harm to a person and the circumstances in which they were committed. As a summary at the conclusion of each paragraph, the measure of punishment of the guilty person is determined. So, according to the first part, the committed acts lead to the punishment of the offender by imprisonment for a term of 3 to 8 years.
Such a sentence can be called harsh. The term is specified in more detail during the trial after clarification of all the circumstances of the case. For example, one person intentionally injured another in the form of a broken arm. If you do not go into details, then at first glance this is ordinary hooliganism. But if we take into account the fact that the victim is a violinist who is professionally engaged in music, and the criminal committed his deed intentionally because of envy, it turns out that there is a fact of torture.Without extenuating circumstances, he may receive a maximum term.
Important circumstances
For sentencing, it is important to know not only the object of the crime, but also the objective and subjective aspects of it. Here it is necessary to consider in more detail the act itself. What signs can still characterize torture?
Art. 117 of the Criminal Code of the Russian Federation in its second and third parts provides a complete listing of them. It turns out, it is very important, the person acted alone or as part of a group, in what condition the victim was and from what motives the criminal acted. It also matters how the health was harmed and whether the weapon was used. The judge should be interested in all the details. If at least one of the signs listed in the second part is given a positive answer, then, as a rule, a more severe decision is made. The sentence immediately increases to 10 years. And in the case when there was a conspiracy or the actions were directed not at one person, but at a whole group of people, you can confidently use the third part of this article and demand to punish the guilty person with imprisonment for up to 15 years. Each of the options requires a more detailed study in order to avoid miscarriage of justice.
