The threat of murder is something that is very common in the modern world. And therefore, it is difficult to say exactly what punishment is supposed to be for this. After all, someone is serious about such an action, and someone takes it all as a joke. In any case, moral damage for the threat of murder is the place to be. Moreover, the Criminal Code even provides for an entire article for such behavior. What is it worth hoping and counting on? What does "death threat" mean? About all this, and not only, read on.
When applied
In general, what is a threat? After all, you need to clearly understand why you will be punished in the event of a trial and investigation. The thing is that this term refers to statements addressed to any person that carry some kind of subconscious danger or a direct indication of physical violence. Such statements are a threat of murder.
That is, you can simply say: “I’ll kill you” or “I won’t give you my life, I’ll bring you to the grave”, and for this I’ll be in the dock. In this case, as a rule, moral harm is inflicted on the victim. There are several penalties for the threat of murder. And it doesn’t matter, you just blurted out without thinking, or there really were reasons to be afraid of your words. In any case, the victim can go to court.
Everything to work
“The threat of murder" (Article 119 of the Criminal Code of the Russian Federation) provides for several penalties for the relevant statements. Not necessarily implied killing. For this article of the code, the threat of inflicting grievous harm to human life and health will also “come down”. Punishments will be varied. And the first measure that can only be applied is different work. Forced, compulsory or probationary - not important. The main thing is that the threat of murder (the Criminal Code explains everything in great detail) does not always imply restriction / imprisonment.
Mandatory work in this case, reach 480 hours. However, if you shy away from such a measure, you can also get coercive. They are established by the court individually in each individual case. As much as possible in most cases, it is possible to force them to work for 2 years. But, as practice shows, the mandatory option is not such a serious measure, which is worth evading. That's better than being in the dock.
Limitations
Art. The Criminal Code of the Russian Federation “The threat of murder" is not only the application of light penalties against the accused. Sometimes a situation requires tougher decisions. For example, a violator can be imprisoned. More precisely, limit it.
On what period? If you are guided by the Criminal Code, you can see - Article 119 of the Criminal Code of the Russian Federation “Threat of murder or serious harm to health” offers a maximum limit of 2 years. As a rule, such a term is set in most cases. And not only in case of threats, but in many criminal offenses. In especially advanced cases, this period is extended. Thus, if someone threatened you with murder or said that he would be severely crippled, and at the same time you have every reason to be afraid of reprisal, you can go to court for help. And if the evidence is available, the culprit will be limited in freedom for 24 months. This is maximum.
Arrest
Another punishment is arrest. Also a very popular technique, which is constantly applied to offenders. The threat of murder (Article 119 of the Criminal Code of the Russian Federation) is a direct step towards being arrested, and for a long time. Which one specifically?
The exact date will be determined by the court. But, based on the Criminal Code, we can conclude that the maximum period in this case is 6 months.It turns out that for one threat you can be arrested for six months. Not very nice, is it? But compared with other measures that are used in judicial practice for threats of violence, this is still normal.
Hardship
It is about imprisonment in principle. To be in the dock for the threat of murder? Easy! The victim only needs to obtain evidence and go to court. After that, various “upbringing” measures will be applied to you.
The worst that can threaten is imprisonment. You can "sit down" for a long time. But on average, without any aggravating circumstances, the offender is threatened with 2 years of “lattice”. And nothing more. Less is easy. Only a similar trend is seen very rarely. Most often, severe penalties are imposed for threats of physical harm or serious harm to human life and health. In order to prevent a deplorable outcome of events. Thus, the threat of murder (Article 119 of the Criminal Code of the Russian Federation) is far from the most harmless article of the Criminal Code. Sometimes you can pay pretty seriously for your “sharp tongue”. Even if you said something without thinking.
Racism and enmity
You can’t just lose sight of the second part of Article 119 of the Criminal Code of the Russian Federation. The threat of murder can be voiced for many reasons. If during the act the interests of nationality are affected, and obvious hostility between nations or races is seen, then the punishment in Russia for the relevant statements will be harsh. More serious than with common threats. Indeed, in Russia it is customary to protect any racial groups and all peoples. To threaten reprisal for these reasons is a terrible crime.
Actually, the corresponding punishments are provided. It all starts with forced labor. 5 years of this kind of activity is quite an ordinary matter. It is such a measure that will be applied, according to Article 119 of the Criminal Code of the Russian Federation.
In addition, some other punishment may be imposed. For example, imprisonment (5 years). Also quite an unpleasant outcome. Perhaps this is the toughest measure that can only be found in the article of the Criminal Code of the Russian Federation "Threat of murder." Nevertheless, the restrictions do not end there. After all, citizens will have to come to terms (as often happens) with another very interesting point. Which one?
Activities
It is about the deprivation of the opportunity to occupy some positions, as well as conduct certain activities. In the event of death threats due to some racial or national reasons, such a measure will be added to the main punishment (imprisonment or forced labor). Not always, but very often. Especially if there were some aggravating circumstances when the crime was committed.
It is possible to lose the opportunity to occupy certain posts and conduct some activity (certain, it will be appointed by the court) for a maximum of 3 years. Many believe that in practice such punishments are extremely rare. This is actually not the case. And if we are talking about some high-ranking person, he can be completely taboo for participation in economic and political activities, as well as occupying high posts. Regardless of the nature of the classes. Not to be a leader anymore - that’s all. It is usually useless to challenge a decision made in a murder threat case.
Moral damage
Practice shows that the case does not end with all the punishments described above. Very often, death threats are followed by compensation for non-pecuniary damage. Frankly, there are quite common cases when people get off with a fine and compensation for moral damage. That is, buy off to some extent. In this situation, the restriction of freedom or its deprivation is almost inappropriate. But corrective and forced labor - completely.
How much will moral damage cost? It all depends on the specific situation as a whole. On average, one can hope for payments in the amount of 100-200 thousand rubles.This is provided that you have not fulfilled your own threat and have not inflicted any physical harm on the victim at all. It is the indicated amount that the court usually appoints as payment for moral damage. She does not exempt from a fine.
It turns out that in the Criminal Code of the Russian Federation, the threat of murder is a very delicate moment, which provides for many options for punishment. And it’s impossible to determine exactly yourself. The Code spells out only generally accepted legal standards. But in fact, various additional circumstances are taken into account in which the violation was committed.
Summarizing
What is the end result? If you simply threatened to kill someone, you can get off with compensation for moral harm, a small imprisonment or arrest for some time with fines. In especially serious cases, you can lose the opportunity to engage in any specific activity and occupy leadership positions.
Please note: fair punishment is not easy to award. It has already been repeatedly said: many factors are taken into account here. Sometimes the measures applied to the culprit may be mitigated or tightened. In any case, keep in mind: you can get off the "ruble" or be in the dock. It is difficult to predict exactly what the outcome of events will be.
