So, today we will be interested in Art. 318 of the Criminal Code of the Russian Federation. It provides penalties for violent acts against government officials. It is no secret to anyone that violence itself is punishable by law in Russia. True, in our case, the degree of punishment will increase. After all, government officials play an important role for the country. Violation of their rights, as well as security is punished really seriously. Of course, only the court makes the final decision. And it is very difficult to predict the course of events. Nevertheless, the use of violence against any representative of the authorities will not be left without attention. What relies on the offender?
Who is the victim
In Art. 318 of the Criminal Code of Russia there is a very interesting and useful comment. It allows you to clarify the litigation. For example, it explains who may be the victim. Not everything is as simple as it seems.
In fact, according to Art. 318 of the Criminal Code, you can see: the victims here are any representatives of the authorities. Who is it? Officials with certain administrative powers. Representatives of various authorities (including local self-government) may be victims.
But that's not all. It is also worth noting that the victims in this case are also able to be close relatives of the direct representative of the authority. Thus, under Art. 318 may be found guilty of violence against not only real representatives, but also their families. In practice, there are cases when close relatives become victims: spouses, children, grandparents, parents, brothers and sisters, and grandchildren.
From the comment
Plays an important role objective side of the crime. The thing is that not everyone fully understands the motives and composition of the act. What can be attributed to violence under Art. 318?
It distinguishes physical effects on humans. And not only that. The objective aspects of the crime are characterized by the use of physical or psychological violence (threats, pressure, and so on). Moreover, all this should be non-hazardous to the life and health of the victims.
As soon as violence is used in a more severe form, the case becomes a qualifying crime. And punished far more seriously than the usual use of cruelty against government officials or their families.
Who can be the subjective side in a case? Everything is very simple. Criminal liability in this case comes from 16 years. So, the subject is able to be a person who has reached a given age. Nothing difficult.
For payment
What is the penalty for using violence against government officials? Or for example, for the threat of its implementation. As long as the health of the victims is not particularly damaged (light, medium or severe), the punishment is not too severe. In Art. 318 of the Criminal Code states that a fine may be imposed on the culprit of the event.
Its amount is considered average. Not too big, but not too small. The maximum that threatens the defendant is 200 thousand rubles of payments. Or, a different amount is charged from him, expressed by the citizen’s income in no more than 1.5 years. For example, wages for a court-appointed period.
Social work
Part 1, Art. 318 also indicates that not only with a fine can one get rid of violence (or a threat) against the families of representatives of the authorities, as well as directly themselves.In some cases, the defendant may be assigned community service by force. Not the worst punishment. In practice, it is violators who prefer it. No fines are paid. Unless compensated moral damage. But it is on an individual basis.
How long does forced labor last in a similar situation? The court is able to establish any term. Some limitations nevertheless exist in this regard. The thing is that forced labor cannot exceed 5 years. Only in the presence of any aggravating circumstances is an exception made.
Arrests
This, too, is not all measures that can be applied in case of a perfect violation. Part 1 of Art. 318 of the Criminal Code indicates that fines and forced labor are not always imposed by court order. Instead, they can simply arrest the culprit.
It is quite common. When violence is applied (or threatened) against a representative of the government, as well as his family and relatives, the arrest is imposed. But the term is not too long. It can not exceed six months. In fact, the perpetrators are usually assigned the maximum term for the violation. After all, violence against the authorities is a really serious crime. Therefore, despite the absence of actual danger to the life and health of the victims, it is required to prescribe worthy preventive measures.
Under supervision
The last punishment imposed for violence under Art. 318 of the Criminal Code (part 1 of this law) is a prison sentence. In judicial practice, it is found no less than arrest. Remember only one thing: we are talking about cases where there is no danger of violence to the life and health of victims.
With this course of events, of course, the defendant is able to appoint deprivation of liberty for a certain period of time. According to the text of Art. 318 of the Criminal Code can count on a maximum of 60 months in prison. For good behavior, as a rule, they are released earlier.
As you can see, not everything is as scary as it seems. In practice, short-term imprisonment (about 2 years), as well as six-year arrest, are most often found. Forced labor and fines are not particularly welcome when it comes to government officials. Many consider this a too easy punishment for a committed act.
Part 2
So we studied art. 318, part 1 of the Criminal Code of the Russian Federation. But a more advanced case is described in the second part of this article. The thing is that sometimes violent forms of violence are used against representatives of the authorities and their families. More precisely, it carries a danger to life and health. It should be immediately understood: the punishment for such a development of events will be more serious.
Which one? No fines, arrests or forced labor are imposed. Instead, the defendants face only imprisonment. The term is set by the court. The debate will take into account many factors. Including harm. The heavier it is, the longer it shines for the perpetrators of the crime.
Based on the data of Art. 318, it is worth making a conclusion: convicts can be put in jail for a period of 5 to 10 years. The heavier the beatings and consequences, the longer the term. In practice, as you might guess, they try to deprive freedom to the maximum. Therefore, note: the punishments specified in Art. 318, part 1 of the Criminal Code of the Russian Federation, are relevant only in the absence of danger to the victims. Otherwise, you can only count on imprisonment. Also, the court is able to additionally force to compensation for moral and material damage, but this is not spelled out in the article. And the issue is resolved individually.
Summarizing
What conclusions can be drawn from Art. 318 of the Criminal Code? Violence against a representative of the government, as well as his family and loved ones, is punishable by law. Threats including. While nothing threatens life and health, and also no harm has been done, the punishment can be expressed in the form of fines, forced labor, a short imprisonment, or even arrest.
If we are talking about a situation where there is a danger to the victims of the crime, it will not work easily. Only by serving sentences in prisons up to 10 years inclusive.