Law enforcement officers are at risk from their duty daily. They often come across people from the criminal circle for whom committing a crime against life is not a taboo. In addition, law enforcement is associated with a huge impact on human destinies. Law enforcement officers often commit such acts that subsequently entail serious consequences for criminal elements. Their life is constantly in danger, because there are a lot of people who want to take revenge or prevent them from legally carrying out their official activities.
The importance of this kind of service and the increased danger in its implementation are grounds for classifying attacks on the lives of law enforcement officers as the most serious crimes, compared with the murder of an ordinary citizen. The punishment for this atrocity is also fixed separately - in Art. 317 of the Criminal Code.
Injured
To begin with, we will analyze in which case the perpetrator is brought to justice precisely under this article of the Criminal Code. Here, the distinguishing feature is the definition of the victim. It is enshrined at the legislative level that military personnel, as well as law enforcement officers who are authorized to maintain order and ensure security in society, as well as their loved ones, fall into this category. In science, similar opinions are expressed. It is customary to include police officers, the FSB, and other such entities. internal affairs bodies. Who should be understood as loved ones? This category includes not only relatives of police officers, but also some other people who are dear to them, despite the lack of family ties with them.
An object
Art. 317 is designed primarily to protect the lives of law enforcement officers and their loved ones. Thus, the object of the crime enshrined in it is the identity of the police and their relatives. However, the solution of the question of the remaining social relations, which are damaged by the crime recorded in Art. 317 of the Criminal Code, is not unique.
In the legal literature there are two positions. According to the first of them, the object of the crime contained in Art. 317 of the Criminal Code, is, firstly, the legitimate activities of police officers to protect order and ensure safety in society, and secondly, the lives of both themselves and their loved ones. The second position identifies just three objects of this crime. These include the established management order, the life of law enforcement officers and their loved ones, as well as their legitimate activities to protect order in society and ensure security. Despite the presence of some discrepancies, it is considered unconditional in the scientific community that life as the highest value is the immediate, basic object.
Objective side
Committing an unlawful action under Art. 317, expressed in the commission of an act, which is an encroachment on the life of a law enforcement officer or his own person. Under the assault should be understood as a murder, and an attempt on him. Consequently, the objective side of this atrocity consists in the deprivation of life or in the commission of any actions aimed at the same result, but not brought to its logical conclusion due to circumstances beyond the control of the criminal.
Subjective side
Stipulated by Art. 317 unlawful action is committed with intent. By negligence, this crime cannot be committed.This is due to the fact that the obligatory sign here is also the motive. The incitement to commit such a grave crime may be the desire to create obstacles for the law enforcement officer to carry out his legitimate activities. In addition to this motive, the criminal can be led by a thirst for revenge for the actions of a law enforcement officer. If the perpetrator does not have these motives, then the act committed by him cannot be qualified according to Art. 317 of the Criminal Code. In this case, the general rule should be applied - Art. 105 of the Criminal Code.
Subject
Now let's find out whom the criminal law can punish for committing such a crime. To liability under Art. 317 of the Criminal Code can be brought to any sane person over 16 years old. Here, the general requirements apply to age, in contrast to a similar article fixing responsibility for the murder. If such an act was committed by a person under the specified age, then the crime is qualified under the general article on deprivation of life. In this case, to be applied instead of Art. 317, part 2, Article 105 of the Criminal Code (paragraph "b").
Punishment
Killing itself, as well as attempting to kill a soldier or a policeman, is a serious crime. Life is the absolute and highest value. Therefore, it is clear that the responsibility for the crime recorded in Art. 317 of the Criminal Code, will be harsh. Currently, in accordance with the provisions of the criminal law, people who have committed an encroachment on the life of a law enforcement officer are facing imprisonment of 12 to 20 years, together with its restriction of up to 2 years, or life imprisonment. Despite the fact that capital punishment in the Russian Federation currently not applicable, sanction of art. 317 provides for capital punishment. Such a severe punishment is provided for by the legislator because the commission of this crime damages two significant objects at once - firstly, the life of a person, and secondly, the normal activity of police officers to protect public order and safety.
