Murder is a serious crime. And it cannot go unpunished. Even if it was committed during the detention of a person. Article 108 of the Criminal Code prescribes possible measures that can be used in Russia for a crime. It doesn’t matter exactly how - by negligence or deliberately. The fact remains that there is a murder due to exceeding defense measures or when detaining someone. The violator in this case faces criminal liability in its various manifestations. What does art. 108 of the Criminal Code?
Defense measures
It has only 2 parts. The first tells of the penalties imposed for an act related to exceeding defense measures. Compared with actions to detain a person, this is a huge difference. After all, self-defense is not originally a crime. Every citizen must protect himself and ensure safety. But with the observance of measures. This is not always the case.
According to part 1 of article 108 of the Criminal Code of the Russian Federation for a murder committed when exceeding defense measures, several penalties are applicable. More precisely, one of several possible is assigned. For example, the so-called social work. It is expressed by forced and corrective labor.
The duration of the sentence varies. Article 108 of the Criminal Code of the Russian Federation indicates only the maximum terms of this punishment. In both cases, it is 2 years. That is, the killer has the right to sentence to social work for no more than 24 months.
Suspended sentence
It is worth remembering that sometimes a situation requires exceeding defense measures. In this scenario, killing usually occurs. And this is a criminal offense. Only punished, it is not always too cruel. Continuous community service is not the only measures provided for in Art. 108 of the Criminal Code. In addition to them, there is also the so-called restriction of freedom.
This is a suspended sentence. That is, a citizen will stay in a usual environment for himself, but with certain restrictions. And regularly have to be noted at the district, as well as in law enforcement. Art. 108 of the Criminal Code indicates that the exact duration is indicated during the judicial debate. But it can not exceed 2 years. Exceptions exist, but they are extremely rare. Therefore, it is possible that for a murder committed when exceeding defense measures, the offender will receive a suspended sentence for a certain period of time. Perhaps this is the most common practice encountered in practice.
Imprisonment
Oddly enough, many people associate a criminal offense with a prison. And rightly so - most articles of the Criminal Code do include imprisonment. Not all, but most. Murder, even committed due to exceeding defense measures, is no exception.
What will be the culprit of the act? In some cases, they are able to sentence him to stay in prison. As in all previous cases, the exact date cannot be established without a detailed investigation. But article 108 of the Criminal Code specifies the maximum.
He will not surprise anyone. As in all previous cases, the offender will be sentenced to imprisonment of no more than 24 months. Most likely, he will be sent to a penal colony or placed in general regime. So this is far from the most serious punishment of all that exists in the Criminal Code. However, for Art. 108 This measure is considered the most stringent.Most often, it is rarely used in practice. Only in exceptional cases. Indeed, the suspended sentence is more popular.
Detention
Exceeding defense is bad. But sometimes you have to resort to this act. Article 108, part 2 of the Criminal Code of the Russian Federation provides for measures for murder committed during the detention of a criminal. That is, if the measures necessary for this are exceeded. This crime is punished not too severely, but there are still differences from the defense.
Public works still do not lose their relevance. Just their term is increasing. Slightly, but still. For a murder committed as a result of exceeding the measures necessary to detain a particular criminal, you will have to face only forced labor. Their duration is capable of reaching 3 years. Only 12 months more than under the same act, but not related to the detention of criminals.
It is this punishment that most often occurs in practice. After all, it is not always possible to detain, for example, a particularly dangerous criminal, without exceeding measures. In some cases, this is simply necessary. Therefore, for a perfect act, it is possible to appoint social labor for a not very long period.
Limitations
Nevertheless, as in the previous case, forced labor is far from the only measure envisaged for the murder committed as a result of exceeding the measures necessary to apprehend the offender. In this situation, a restriction of freedom may be imposed.
In other words, the conditional term already familiar to us. It can last a maximum of 36 months. As much as forced labor. Only this kind of practice is not observed so often. Especially when it comes to some law enforcement officers. Indeed, with a suspended sentence, rarely will anyone agree to work with such a person. Even if circumstances prompted the crime.
Supreme measure
This article also indicates that the maximum punishment for exceeding the measures of detention of the real criminal or suspect is imprisonment.
The prison will threaten the offender for the same period as all previous punishments specified in part 2, art. 108 of the Criminal Code. That is, the duration of imprisonment will be up to 3 years inclusive. In practice, such a measure is not particularly often taken. But she does have a place. It will be necessary to take into account that a murder (in any form) is imprisoned. Yes, this is not the only measure. But no one can tell before the court exactly what will be laid down for the murder committed as a result of exceeding the measures of detention of the offender or defense measures. Therefore, you always have to hope for the maximum.
On practice
It is impossible not to notice that unspoken laws also exist. They are not spelled out in Art. 108 of the Criminal Code, nor anywhere else. Just in court, unexpected decisions are often made. For example, if a murder was committed due to exceeding the necessary measures to detain a real criminal or suspect, the defendant may be deprived of the opportunity to hold certain posts, as well as conduct activities in a certain direction. This is a very common practice, which is not indicated on paper and is prescribed together with all measures available in art. 108 of the Criminal Code.
Also most often the perpetrator of the murder faces a reduction. Until dismissal. Not the most dangerous, but unpleasant event. Moreover, if you take into account that the measures envisaged in Article 108 of the Criminal Code of the Russian Federation will be mandatory applied to the defendant.
Comments
It is worth noting that not always a crime will be punished. Indeed, in order for it to have legal force, it will be necessary to prove the excess of defense measures. In cases where this did not happen, criminal liability does not occur.
In addition, in Art. 108 of the Criminal Code of the Russian Federation, the corpus delicti includes one more peculiarity. Exceeding measures may be actions that are not comparable with imminent danger.In addition, the qualification of an act under this article may be recognized as such if a citizen realizes that the encroachment on his life and health is over, but because of the impressions received exceeds the defense measures, as a result of which the death of the offender occurs.
From now on, Article 108 of the Criminal Code is no longer a mystery to you.
