The Criminal Code of the Russian Federation contains a fairly large number of articles that describe each criminal act separately, which allows law enforcement agencies and the court to correctly apply the punishment to the guilty person or to justify the innocent. Based on the code of criminal acts, criminal cases are instituted, crimes are investigated and uncovered.
The main collection of articles defining penalties for criminal acts
The Code, containing penalties for criminal atrocities, is the main collection of articles that predetermine various types of punishments for crimes committed. It consists of a main and special part.
The main part of the Criminal Code of the Russian Federation contains concepts relating to the imposition of punishments for attackers, touches on the definition of “guilt” and sanity in the commission of criminal acts, and also considers circumstances where the guilty persons can be released from liability for their deeds or must undergo a course of compulsory treatment.
A special part of the Code of Crimes begins with Article 105, which is called “Murder” and describes in sections the particular nature of the application of punishments depending on the severity of the acts committed.
In article 15 of the Criminal Code of the Russian Federation, all atrocities, depending on the severity, are divided into several types:
- minor severity, with a maximum sentence of up to 3 years in prison;
- moderate, where for intentional acts the longest term is five years, for negligent - more than three years in prison;
- severe - up to 10 years in prison;
- especially grave - more than 10 years in prison.
Each crime belongs to the corresponding category, on the basis of which the minimum and maximum sentences are determined, and a measure of restraint is selected for the suspect and the accused, and in the case of proven guilty person - a place to serve the sentence.
Criminal proceedings, Criminal Code
The initiation of a case by the internal affairs bodies is the main and legal way of holding a guilty person liable.
A criminal case is opened on the basis of available signs of a criminal offense against a person suspected of a crime or a crime, after which it goes through all stages of the preliminary investigation and is sent to the judiciary for consideration.
In practice, there are cases when the case does not reach the stage of judicial proceedings and closes at the stage of preliminary investigation. In this case, the following circumstances are necessary to close the criminal case:
- reconciliation with the victim;
- lack of corpus delicti, in case of maximum lack of evidence;
- absence of a crime event;
- death of the accused.
The Code of Criminal Offenses specifically states that a person who has committed a crime for the first time may be released from liability on the following grounds:
- if reconciled with the injured party and compensated for the damage caused by the act of light or medium gravity;
- in case of actual repentance and full confession of guilt with compensation for damage to the victims (this also applies to crimes of small and medium gravity);
- upon expiration of the statute of limitations for a committed crime, subject to all conditions provided for by law.
We should never forget that a crime in criminal law is a particularly dangerous act that is unlawful and thereby entails the onset of the most negative and sad consequences for the guilty person in the form of a criminal record.
Drug trafficking is a mortal danger to society
Drugs are especially dangerous substances that not only deprive a person of the opportunity to live and work normally, but also can forever deprive him of his previous state of health and life. That is why the code of criminal acts provides for a whole section that prohibits unscrupulous citizens from distributing drugs and warns of responsibility for the deed.
In modern reality, drug trafficking reaches global and even global scales and is a whole direction of the shadow economy and the main income of criminal structures.
Article 228.1 of the Code of Criminal Offenses on the sale of narcotic drugs provides for punishment for this crime of 4 years in the first part of the article and up to 20 years of imprisonment in the latter, depending on the severity of the committed act and the size of the drug sold. At the discretion of the judiciary, an additional form of punishment in the form of a restriction of freedom and a fine may be added to this punishment.
The following will be an example of a criminal case on drug trafficking.
- During the search, the police detained a citizen who wanted to sell drugs for personal enrichment, but he was prevented by police officers. As a result of the operation, the attacker was charged under part 3 of article 30 and part 1 of article 228.1 of the Criminal Code of the Russian Federation. Full admission of guilt facilitated the fate of the guilty, and the court sentenced him to three years in prison with a sentence in a penal colony.
As can be seen from this case, the convict received a small punishment for a deliberate crime, which is classified as serious.
Drug trafficking is a real threat that hangs over modern society, where every young person, woman or teenager can be influenced by people involved in the sale of drugs and completely drown in the world of drugs.
Acts against human life
A special part of the Code of Crimes begins with Article 105, which contains the punishment for intentionally depriving another person of his life and is called, as already mentioned, “Murder”. The Criminal Code of the Russian Federation provides for punishment for a committed act of 6 years and up to life imprisonment, which is quite fair. After all, life is the most valuable gift that is given to a person at birth and ceases at the time of death without the participation of other persons.
In the case when a person’s death occurred by accident or a fateful combination of circumstances, and the perpetrator did not want such events to occur, there is no need to talk about deliberate deprivation of life. In this situation, it will be possible to apply article 109 of the Criminal Code of the Russian Federation “Causing death by negligence”, the maximum punishment for which reaches 4 years in prison. Also, under this article, additional punishment may be applied if the death of a person occurred due to improper fulfillment by the guilty of his professional duties.
Unfortunately, there are now more cases of mortality among patients in hospitals. This happens due to the inappropriate attitude of doctors to their professional duties, and therefore article 109 of the Code of Criminal Crimes is considered to be a "article of doctors".
Consider the example of a criminal case about a negligent act, because of which a person lost his life.
- At one entertainment event, a quarrel broke out between two young people over a girl, and they decided to go outside the club and talk.As a result, one young man struck another in the face, not calculating his strength, after which the latter lost his balance and hit his head on the asphalt. As a result, he received a head injury, did not regain consciousness and died in an ambulance. During the investigation, a forensic medical examination was carried out, which showed that the victim's death was due to a blow to the face and a further head fall on the asphalt. The culprit did not want the occurrence of such events, and moreover he did not want another person to die. The court sentenced the guilty person in accordance with Part 1 of Article 109 of the Criminal Code of the Russian Federation in the form of 1 year imprisonment with a probationary period of 6 months.
It can be seen from the above case that the punishment for a negligent act that led to the death of a person is much lower than for murder. The Criminal Code of the Russian Federation stipulates that the sanction for intentionally causing death only begins with six years of imprisonment, and for reckless infliction of death, it cannot exceed four years of imprisonment, because the perpetrator in this case did not have direct intent.
Kidnapping
The most cruel and inexplicable for a person is imprisonment against his will, with the subsequent transfer to another place where the abducted person remains until the criminals achieve the desired result.
People who commit such criminal acts most often crave profits in the form of a large sum of money, therefore they abduct the relatives of those citizens who can provide them with this amount of money.
Illegal, deliberate detention in captivity, followed by moving to another place - this is the abduction of a person. Article 126 of the Code of Criminal Crime does not provide any definition of this offense, describing only the punishment for it in certain circumstances.
In practice, cases where the guilty released the abducted people and remained unpunished, almost never occur, for this you need to kidnap a person so that there is no scratch on him, and this is very problematic for the kidnappers. Therefore, along with the abduction of a person, another crime always takes place.
For this act, criminals can receive a term of up to 15 years in prison or even go unpunished. This only happens if the attackers voluntarily release the kidnapped person and do no more harm to him.
Kidnapping (Article 126 of the Criminal Code of the Russian Federation) is a deliberate act that is planned until the very moment of its commission, all details are thought out, and a place for holding the hostage is selected. There are times when kidnappers take a ransom and kill innocent people.
Sexual integrity and criminal act
A woman and a man are naturally independent individuals who are entitled to choose sexual partners and life partners. Unfortunately, there are citizens in society who, for personal reasons and with malicious intent, violate the sexual integrity of women and children, considering themselves completely innocent.
Violent sexual intercourse committed by a man against a woman against her will, as well as against a young child, is rape.
Rape (Article 131 of the Criminal Code of the Russian Federation) belongs to the category of serious acts. The punishment under this article is 3 years in the first part and life imprisonment in the last. An additional punishment is also provided, which imposes a ban on the perpetrator to engage in certain professional activities.
We give a specific example of a criminal case on violation of the sexual integrity of a girl.
- Three young people, being intoxicated, wanted to relax and get sexual satisfaction at night, but there were no women nearby who wanted to keep them company in group sex.Then they phoned the "priestess of love" and offered to meet, which the latter refused. Driving past a bus stop and noticing a young girl, the guys stopped the car and began to offer the young lady a ride with them in the car, the girl did not agree. Then the young man who was driving got out of the car and began to drag the girl into the car, two other friends helped him in this. After that, pinching the girl in the car, the young people drove off to the forest and started taking turns to rape the girl. After repeatedly having sexual intercourse with her victim, the rapists left her in the forest and left. The girl turned to the police, the criminals were found and detained. All three pleaded guilty to gang rape and received real sentences of 6 to 9 years in prison with a sentence in a maximum security prison.
Acts from the sphere of economics
Money laundering is a criminal act that can deprive the guilty of liberty for a considerable period with the payment of a large fine. This provides for sanctions of articles 174 and 174.1 of the Code of Crimes.
Most often, money legalization always takes place in the criminal business, it can be drug trafficking, or undercover fraud for the purpose of the subsequent investment of illegal money in a legal business.
The article for this act contains various types of punishment, depending on the severity of the atrocity committed, so the punishment of the perpetrator can be in the form of a fine or restriction of liberty, as well as imprisonment.
Money legalization can be qualified in two cases:
- As a result of the acquisition of their (or other property) illegally by other persons.
- As a result of the atrocity committed by the perpetrator himself.
Now, to consolidate, consider an example of a criminal case of crime, where there is money laundering.
- After committing an apartment theft, as a result of which a thief removed a gold watch, a plasma TV and a laptop from an apartment, he sold the stolen items and from the proceeds paid a loan from a bank that he took two years ago, and thereby illegally legalized the proceeds from the crime. During the search, police officers detained an attacker who admitted to committing a crime, and the court assigned him 2 years in a penal colony.
Along with money laundering, actions that have direct intent and are a serious act are qualified as crimes in the economic sphere - this is counterfeiting and selling money. The maximum punishment in modern Russia for this crime under Article 186 of the Code reaches 12 years in prison (and in the case of an organized group - 15), while in the Soviet Union one could lose one's life for producing fake money.
Counterfeiters in the USSR knew how to make money in a very high quality, and therefore many of them paid for their crime with life.
One of the most famous people in this business was Viktor Baranov, who spent 12 years creating his technology and equipment for printing fake money, which he made in his barn. This "craftsman", absolutely unique to the Soviet era, managed to print money and distribute it. It was almost impossible to distinguish the fake from the original, as a result Baranov was arrested by the police in 1978 and received 12 years in prison. He was lucky in the sense that the court had mercy on him and saved his life, because other counterfeiters in the USSR were sentenced to death by the court.
Incredible excitement in society and the state is caused by all criminal acts that aim to legally cash out funds earned illegally. That is why crimes in the economic sphere never go unnoticed by law enforcement agencies and are revealed very quickly.
Property Area
Article 162 of the Code of Criminal Offenses defines such a grave and deliberate crime as robbery. The Criminal Code of the Russian Federation defines this act as an attack to steal property with the use or threat of violence, which is dangerous to human life and health. The greatest punishment for such atrocious crime is 12 years in prison. In addition, an attack on victims can occur not only on the street, but also in apartments, houses, offices, which is very convenient for an attacker.
As a result of the malicious intent of the guilty or guilty persons, innocent people suffer, therefore, the desire to take possession of other people's things by harming the health of innocent people can never justify such an illegal act as robbery. The Criminal Code of the Russian Federation provides in article 162 the application of the punishment of imprisonment and the application of a fine to the perpetrators, as well as in certain cases, the restriction of freedom.
Acts that violate public safety
A whole section of the Code of Crimes deals with criminal acts related to public safety. Among this category of crimes there are especially grave and just grave ones that can cause very serious harm to the whole society. AT article 222 The Code of Crimes contains the concept of such an act as arms trafficking, and punishment for this (provides for heavy fines and considerable imprisonment).
As a rule, they are engaged in the illicit production and sale of weapons in order to provide them with terrorists, as well as in the creation of criminal communities and groups. Weapons are produced and illegally sold in order to extract considerable profit from this for subsequent investment in the manufacture and manufacture of new weapons.
End of investigation and trial
After bodies preliminary investigation all evidence in the case has been collected and the criminal investigation has been completed; it is sent with the indictment for consideration to the judicial authorities.
If the accused was at large during the preliminary investigation and was signed on his own recognizance, then he must come to court on a subpoena on his own, otherwise he will be taken to a judicial authority by force.
House arrest applies to suspects and accused in the event that the investigator is fully confident that the person will not hide from the investigation and trial. In this case, the method and nature of the committed crime, personality characteristics, permanent residence and work are of importance.
If the suspect in a grave, especially grave crime is hiding from the investigation and the court, does not appear for interrogation on the summons, he will be arrested and kept in the pre-trial detention center until the hearing.
With full admission of guilt and repentance of the committed act, the defendant receives a shorter time period than if he continues to insist on his innocence, but all the evidence is against it.
A guilty person may be conditionally convicted only if the punishment under the article of the Code of Atrocities provides for no more than seven years in prison.
The severity of the act will depend type of correctional facility, where the guilty person will serve his sentence.
In the event that the attacker is hiding from justice, the case is suspended until the accused is found, after which the guilty person can be released from liability if the statute of limitations for the committed crime has passed (in accordance with Article 78 of the Criminal Code of the Russian Federation).
Criminal court is carried out by a judge who has no family ties or other relations with the defendant, otherwise, the judge must be dismissed from the case - this is the principle of impartiality of the trial.
