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Article 205 of the Criminal Code: corpus delicti and liability

The current problem is terrorism. This illegal action causes harm to several important objects at the same time, such as human life, the stability of state power, and the security of the whole society. The death of a huge number of people for criminals is a means to achieve their criminal goals, be it politics, economics or other spheres of society. The responsibility for committing an act of terrorism is fixed in article 205 Criminal Code of the Russian Federation. We will understand what the composition of this crime is, as well as what punishment for such actions will be committed by attackers.205 uk rf

The concept of terrorism

Crime, the composition of which is concluded in Art. 205 of the Criminal Code, is one of the most dangerous forms of criminal assault. The criminal wants to achieve certain antisocial goals, to intimidate the population, to sow panic in society, to disrupt the effective and normal functioning of the authorities.

Object of crime

The unlawful act recorded in article 205 of the Criminal Code of the Russian Federation is multidimensional. A crime such as terrorism is detrimental to several significant real-life public relations. Firstly, terrorism encroaches on the normal activities of the authorities in the country. Secondly, the crime contained in Art. 205 of the Criminal Code, violates public safety. Thirdly, the commission of an act of terrorism causes significant harm to people's lives, as well as their health. As a rule, the awesome impact of this atrocity spreads to a wide and indefinite circle of people, less often to the population of specific cities or regions, to individual public servants or to certain authorities, as well as international organizations. The complex object of the crime, fixed in article 205 of the Criminal Code of the Russian Federation, determines the great public danger of this crime.st 205 uk rf

Objective side

This category of crime constitutes unlawful acts, which constitute a terrorist act. Art. 205 of the Criminal Code of the Russian Federation as such, secures, firstly, the commission of a generally dangerous action, such as an explosion, flooding, arson, rockfall, and secondly, the threat of such plans. When qualifying you should pay attention to some points. An obligatory sign of the action recorded in Article 205 of the Criminal Code of the Russian Federation is the possibility of creating a real danger for it. This sign is evaluated in each case separately, based on the method of carrying out the terrorist act, time, place, as well as the situation and other circumstances. This danger is expressed in creating threats to the life of at least one person, for the occurrence of significant property damage (the cost of material objects is taken into account here). In addition, terrorist acts can lead to other grave consequences, such as panic, harm to public health. In turn, the threat to commit such actions must be real, expressed in relation to a wide or narrow circle of people, causing real concerns about the possibility of its implementation.terrorist act st 205 uk rf

The subjective side of terrorism (Article 205 of the Criminal Code of the Russian Federation)

The composition of the crime includes a separate element that characterizes guilt, as well as the goals and motives of the perpetrator. The crime we are considering can only be committed with direct intent. In addition, the criminal must have an antisocial goal.When committing a terrorist act, an attacker is led by a thirst to violate public safety, influence decisions of authorities, and intimidate the population.

Subject

Each person who is sane and has reached the age of fourteen can be held responsible for the commission of this terrifying deed. Such a definition of the subject in the legislation indicates a huge public danger of this act, because, as a general rule, only individuals who have reached the age of 16 are allowed to be prosecuted for criminal acts.205 uk rf comment

Aggravating circumstances

The great public danger of the act contained in Article 205 of the Criminal Code of the Russian Federation is indicated by such signs as committing it by previously conspiring people or an organized group, as well as the onset of a person’s death as a result of his death (without intent) or significant property damage or other serious consequences (for example, disruption of important political events, paralysis of life support facilities of settlements). These provisions are contained in Part 2 of Art. 205 of the Criminal Code. Commentary calls such formulations qualified.

The second group of aggravating circumstances contained in part 3 of the article in question includes, firstly, the conjugation of these actions with an attack on nuclear facilities, as well as the use of radioactive and other dangerous substances in the implementation of a criminal intent, and secondly, intentional infliction of the result of a terrorist act of death to a person. Such formulations are especially qualified.Article 205 of the Criminal Code of the Russian Federation

Punishment

The responsibility provided by law for the commission of these grave crimes is very high. We are talking about imprisonment for quite a long time, even if the act is qualified under Part 1 of Art. 205 and aggravating circumstances will not be established. Duration of imprisonment varies from 8 years to the end of life.


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