What is article 105. P

Depriving a person of life is not only a tragedy, but also a criminal offense. It becomes most dangerous if the killer deliberately caused the death of another person. Therefore, intentional murder is considered a particularly serious crime, which entails an extremely severe punishment under Art. 105 of the Criminal Code of the Russian Federation. We will tell you what premeditated murder is, how it differs from similar offenses and what punishment awaits the offender.

Description of the murder under Art. 105 of the Criminal Code of the Russian Federation

Like any other crime, murder includes four features:

1. the object is the life of another person;
2. the objective side is an illegal action or inaction, as a result of which the death of a person occurs;
3. the subjective side - the perpetrator deliberately deprives another citizen of life;
4. subject - criminal liability is borne by a sane person from the age of 14.

The crime ends when the victim is dead. In this case, the time of death does not play a role - the victim may die in a few days, for example, in a hospital from stab wounds.

The murder and death of a person must have a causal relationship.

How many years do you get for killing a person?

Murder is always an intentional crime and is covered by article 105 of the Criminal Code of the Russian Federation. The norm contains two parts, distinguishing between sanctions for simple and qualified murder. Article 105 part 2 provides for sanctions for aggravated murder.

Punishment for simple murder

Criminal Code of the Russian Federation Art. 105 part 1 contains measures of responsibility for murder without qualifying factors. For example, for killing a person in a fight or because of the personal hostility of the offender to the victim. There is only one punishment for such an act - imprisonment for a term of 6 to 15 years. Additionally, the court may limit the freedom of the killer to 2 years.

For murder, only imprisoned, the law does not provide for other sanctions.

Aggravated punishment for murder

Article 105 part 2 includes sanctions for murder committed under aggravating circumstances. These include murder:

• two or more people;
• a pregnant woman, which was known to the offender;
• a young child or a helpless person;
• in a socially dangerous way (execution in a public place, explosion, etc.);
• organized group;
• for hooligan motives, etc.

The punishment for qualified murder is extremely severe. The offender can be imprisoned from 8 to 20 years (with restriction of freedom up to 2 years), or. It all depends on the circumstances of the case.

Under article 105 part 2 of the Criminal Code of the Russian Federation, murderers are punished with a long prison term, up to life.

Murder of two or more persons

Consider the most common aggravating sign of murder - the deprivation of the life of several people. The sanction for him is assigned under Part 2 of Art. 105 of the Criminal Code of the Russian Federation.

The objective side of the crime is the simultaneous or sequential infliction of death on several persons. In this case, the intent of the killer applies to each case of death. For example, when a building is set on fire with the intent to kill.

A crime is considered completed if:

• the intention to take the life of two or more people was the same and arose before the murder of the first victim;
• the intent was direct and indirect (for example, the elimination of witnesses to the first murder);
• the gap in time between each kill is negligible.

The punishment is also affected by the number of victims - the more there are, the stricter the sanction.

Massacre threatens with life imprisonment.

How is intentional homicide different from other crimes involving the infliction of death

The Criminal Code of the Russian Federation contains a number of offenses for causing death to a person, but the murder differs from them in motive. It is always intentional, and the killer has only one goal - to take the life of another person.

Related ingredients include:

• causing death by negligence;
• causing damage that led to the death of the victim;
• special compositions - the murder of a newborn child by a mother, in a state of passion or in self-defense.

Murder is always committed with direct intent.

Manslaughter by negligence

If the offender did not want to take the life of a person, but his actions nevertheless led to a fatal outcome, the case will be initiated under Art. 109 of the Criminal Code of the Russian Federation (murder by negligence). A criminal who has reached the age of 16 will be held accountable.

This action has two key features:

1. lack of intent (both direct and indirect);
2. death due to frivolity or negligence.

If the victim died because of his actions, there is no criminal liability. For example, a worker at an enterprise violated the rules of labor protection and received a serious injury, from which he died. His death will not result in sanctions for those responsible.

Negligent homicide is committed only out of frivolity or negligence.

Example

Petrov jokingly used a stun gun against Vasechkin. The latter suffered from heart disease for a long time, and Petrov did not know about this fact. As a result, Vasechkin died. Petrov was convicted under Part 1 of Art. 109 of the Criminal Code of the Russian Federation for manslaughter.

Mother's murder of a newborn child

Sometimes women with postpartum depression can take the life of their child. In this case, the murder usually occurs immediately after childbirth. Such actions are qualified under Art. 106 of the Criminal Code of the Russian Federation. Only a woman who has reached the age of 16 can be held liable.

Punishment will follow only for the deliberate actions of the woman in labor. If she tried to avoid the death of the child, but due to the lack of medical skills she could not do this, the punishment under Art. 106 of the Criminal Code of the Russian Federation does not threaten.

For killing a child long after birthc, the mother will be convicted under Art. 105 of the Criminal Code of the Russian Federation.

Example

Sidorova gave birth to a child in the basement and decided to get rid of him. The mother tried to strangle the newborn, but he survived. Gathering her strength, she climbed out of the basement and threw the baby into the trash can. In 20-degree frost, the baby died within an hour. The child's body was discovered by a garbage disposal company. Sidorova was caught and filed a case under Art. 106 of the Criminal Code of the Russian Federation. The court sentenced her to 4 years in prison.

Murder committed in a state of passion

Affect is a temporary loss of control over one's actions due to strong emotional arousal. Punishment for murder in the heat of passion will follow under Art. 107 of the Criminal Code of the Russian Federation.

Usually the killer is brought to such excitement by the victim herself, so the punishment is not too severe:

• correctional labor up to 2 years;
• restriction of freedom up to 3 years;
• forced labor or imprisonment up to 3 years.

If a killer in the heat of passion took the lives of several people, he will face forced labor or a prison term of up to 5 years.

What actions can provoke an attack:

• systematic beatings or beatings;
• psychological violence and threats;
• mockery, humiliation of honor and dignity;
• adultery, etc.

The maximum prison term for murder in the heat of passion is 5 years.

Example

The husband mocked his wife for many years, from time to time performing a certain ritual - he tied the woman to a chair and beat her in the face, forcing her to beg for mercy. Unable to bear the many years of humiliation, the wife killed the “master”, inflicting several blows with a knife that turned up under the arm. She was convicted under Part 1 of Art. 107 of the Criminal Code of the Russian Federation to correctional labor for 1.5 years. The court took into account the situation in the family and recognized it as psycho-traumatic.

Killing when exceeding the limits of necessary defense

If a person, defending his life from an attack, did not calculate his strength and killed the offender, he will be convicted under Art. 108 of the Criminal Code of the Russian Federation. The norm punishes for exceeding the limits of necessary self-defense. Such a murder can be committed in a situation where the defense, although justified, but the person clearly exceeds it and inflicts a mortal blow on the attacker.

A typical example of murder in self-defense is stabbing the victim in response to provocative actions (light blows, slaps, etc.).

Punishment under Art. 108 of the Criminal Code of the Russian Federation can be in the form of corrective labor, restriction or imprisonment for up to 2 years.

Example

Ivanov, defending himself from Grechkin's hand, assessed the situation as dangerous for himself and inflicted three stab wounds on him. Grechkin died from stab wounds. Ivanov applied clearly inappropriate protective measures that led to the death of Grechkin. He was convicted under Art. 108 of the Criminal Code of the Russian Federation for two years conditionally.

statute of limitations for murder

The criminal law divides all crimes into four groups according to the degree of their public danger. Murder is a particularly serious one.

The general statute of limitations under Part 1 of Art. 105 of the Criminal Code of the Russian Federation is 15 years, and according to part 2, the court decides on the application of the limitation period. But even if the judge does not apply the statute of limitations to an aggravated murder more than 15 years ago, the perpetrator cannot be imprisoned for life.

The statute of limitations for simple murder is 15 years.

Summarize

Premeditated murder is a crime that is committed for one single purpose: to kill a person. Article for the murder of a person - 105 of the Criminal Code of the Russian Federation. It provides severe punishment, up to life imprisonment. However, the law establishes a milder liability for murder committed under special circumstances - in self-defense or in a state of passion. The maximum term for such acts is 5 years in prison.

Murder is the unlawful taking of a person's life by another citizen. The wrongfulness of the act lies in the fact that the person who committed the act did not defend himself, did not participate in a military conflict at a certain point in time. Article 105 of the Criminal Code of the Russian Federation for murder provides for various measures and terms of responsibility.

The perpetrator and the victim can only be human. If a fatal outcome occurred during the attack of a living creature (dog), even if it was set on, such an action qualifies as causing mortal harm through negligence.

Term for causing harm resulting in death

Murder is a serious crime directed against the health and life of a person. Therefore, the legislation provides for a strict measure of responsibility for such acts.

Article 105 of the Criminal Code of the Russian Federation provides for general terms for the murder of a person. The rule is divided into several parts:

• Crime without aggravating circumstances - the accused may be sentenced to 6-15 years of detention in a strict regime colony, another correctional institution.
• Punishment provides for tougher in relation to the detainee. The term of punishment is 8-20 years of detention, imprisonment for life.

An act committed under aggravating circumstances implies a severe measure of responsibility. The corpus delicti is classified according to the following criteria:

• murder of two or more citizens;
• committing an act with special cruelty in a dangerous way (attack with the use of chemical and military weapons);
• the deprivation of a person's life is associated with robbery, extortion, banditry;
• the crime was committed for religious, national and other reasons.

In highlighting the significant circumstances of the case, there is a certain pattern: the penitentiary system sees an increased threat in them, therefore, persons accused of such crimes receive more significant terms.

How much they give for a murder depends on the circumstances, the presence of aggravating factors. The main article for causing death is Art. 105. Part 1 contains types of punishment for simple acts up to 15 years. Part 2 of the Criminal Code of the Russian Federation provides for the presence of additional signs, which threatens the defendant with 20 years in custody.

Main types of criminal act

The Criminal Code of the Russian Federation defines several types of crimes. Depending on the presence of an aggravating or mitigating circumstance, liability is assigned.

Criminal law classifies crime according to the following criteria:

• Simple murder consists in taking the life of a citizen. A person dies from the criminal act of an adult by another person. The characteristics of this crime are contained in Part 1 of Art. 105.
• Qualified act - part 2 of Art. 105. "Destruction" of a group of persons in the process of one episode: a child, a pregnant woman, a seriously ill person and another citizen who cannot defend himself or offer resistance.
• A deliberate crime with excessive cruelty against an official, his family with the aim of influencing his decision or revenge.
• Intentional or contract killing of a person by several citizens or one person.

Causing fatal harm through negligence (Article 109 of the Criminal Code of the Russian Federation). There was no premeditated murder here, but the man was aware that he had struck blows in the area of ​​​​vital organs.

The legislator has provided for several more types of qualified crime:

• Causing death by a mother to a newborn (Article 106) up to a month. The crime is qualified by a separate article, since after childbirth a woman is in a depressed psychological and physical state. If the family's opinion to get rid of the child is added to this, the psyche may not be able to withstand it.
• An act committed in a state of passion, with strong excitement due to constant bullying, pressure of a mental or physiological nature.
• Exceeding self-defense. The murdered person threatened the health, life of the accused, committed an attempt (Article 108).

Murder is a particularly serious crime. Criminal responsibility for it should be serious. It is necessary to take into account the behavior, personality of the victim in order to compile a complete description of the event.

Litigation: examples

With deprivation of liberty, the authorized body may simultaneously impose a restriction of liberty for a term of up to 2 years. In jurisprudence, this is quite rare.

Examples of criminal punishment (article for murder 105 part 1):

• The stepfather beat his wife and young child. When he became an adult, during the conflict, he will inflict several blows on his father with a sharp object. Psychologists have found that constant bullying throughout life affected the psyche of a teenager, which became a mitigating circumstance for the court. Punishment - 6 years in prison.
• Tried for a serious criminal act, he deliberately killed a relative with whom there was a dispute about the inheritance. The defendant is imprisoned for 15 years.
• During the investigation, the accused is hiding, they begin to search for him. After the capture of a citizen, he was convicted for the murder of his business partner - 10 years in custody and 24 months of restriction (served alternately).

The second part of Art. 105 of the Criminal Code of the Russian Federation provides for harsher penalties if additional aggravating signs were established during the investigation.

In the case of the murder of an employee of the prosecutor's office, the police, the offender bears increased responsibility, most often the court imposes the maximum sentence - life imprisonment. Article 105 and its commentaries contain all the necessary information that will help to qualify a criminal act.

Qualified murder - intentional deprivation of life in the presence of aggravating circumstances. In part 2 of Art. 105 provides for 13 points containing aggravating signs. The presence of any of these signs greatly increases the social danger of murder.

When qualifying, a person can be simultaneously imputed to several signs at once under Part 2 of Art. 105. In this case (Resolution of the Plenum of the Supreme Court of the Russian Federation of 1995), the punishment is imposed not on each basis separately, but in general under Part 2 of Art. 105.

Aggravating circumstances for hours. 2 Article. 105 are classified according to the elements of the crime. There are aggravating circumstances related to the object and the objective side (p. a, c, d, e, f), related to the subjective side (p. b, h, i, k, l, m), related to subjects (p. g).

It is impossible to impute several circumstances related to the subjective side at once.

P. "A" part 2 of Art. 105 UK. In accordance with Part.1 Article. 17 of the Criminal Code, the murder of 2 or more persons, committed simultaneously or at different times, does not form a set of crimes and is subject to qualification under paragraph “a” of Part 2 of Art. 105 of the Criminal Code, provided that none of these murders had been previously convicted.

The murder of one person and the attempted murder of another cannot be considered as a completed crime - the murder of 2 or more persons . In such cases, regardless of the sequence of criminal acts, the deed should be qualified according to the totality of crimes, namely, part 1 or part 2 of Art. 105 and according to part 3 of Art. 30, and paragraph "a" part 2 of Art. 105.

P. "b" part 2 of Art. 105 UK- the murder of a person or his relatives in order to prevent the person from exercising his official and official duties.

Under the performance of official activities, one should understand the actions of a person included in the scope of his duties arising from an employment contract with state, municipal, private and other duly registered organizations.

The fulfillment of public duty is understood as the implementation by a citizen of both the duties specially assigned to him in the interests of society, and the fulfillment of other socially useful goals. For example, the suppression of offenses, reporting to the authorities about a crime committed, reporting the location of the person who committed the crime, etc.

Close victims, along with close relatives, may include other persons who are related to him or by property, close persons whose life, health and well-being are known to the victim by virtue of established close relations.

According to paragraph “B”, only the murder of such a person who acted lawfully, legally, should be qualified, t.to. performed their official activities or public duty lawfully.

If the reason for the murder was illegal acts (related to abuse of authority), then the deed cannot be qualified under paragraph “b” of Part 2 of Art. 105 of the Criminal Code.

P. "in" part 2 of Art. 105: the murder of a minor or other person, knowingly for the guilty person who is in a helpless state, as well as associated with the abduction of a person (as amended in 2009).

A juvenile in criminal law refers to a person under the age of 14 years.

A person who is obviously in a helpless state for the guilty is a person who, due to his physical or mental state, is unable to defend himself, to actively resist the guilty when the latter, while committing a murder, is aware of this circumstance. Such persons may include the seriously ill and the elderly, persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening.

According to paragraph "B" part 2 of Art. 105 should qualify the murder of a person who is in a faint, unconscious, severe intoxication.

Sleep is not a helpless state.

When qualifying for "in" part 2 of Art. 105 it should be borne in mind that, according to the meaning of the law, liability under this paragraph comes not only for the deliberate infliction of death on the kidnapped person himself, but also for the murder of other persons committed by the perpetrator in connection with the kidnapping. At the same time, according to the rules of qualification, the deed must be qualified in aggregate under Art. 126 and Art. 105.

In accordance with paragraph 7 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)”, according to paragraph “c” of Part 2 of Article 105 of the Criminal Code of the Russian Federation (the murder of a person who is in helpless state) it is necessary to qualify the intentional infliction of death on the victim, who, due to his physical or mental state, is unable to defend himself, to actively resist the perpetrator, when the latter, while committing the murder, is aware of this circumstance. Persons in a helpless state may include, in particular, the seriously ill and elderly, young children, persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening.

Thus, from the point of view of the etymology of the concept "helpless state" it can be defined as the position of a person in which, due to some circumstances, he cannot defend himself at the moment of encroachment on his life.

The circumstances of the helpless state of the victim can be classified into subjective(individual, personal) and objective(external, situational).

To subjective circumstances include the individual characteristics of the body of the victim (infancy, old age, the presence of a severe physical or mental illness, etc.).

To objective circumstances should include situations in which the victim is at the time of the murder (he was bound, hanging at a height, crushed by a load, closed in a closet, refrigerator, otherwise immobilized; state of sleep, severe alcohol intoxication, hypnosis, other unconscious (insensible) state).

Depending on why the victim is in a helpless state, one can distinguish physical (old age, severe physical illness (lack of legs, arms), force majeure (bound, crushed, suspended)) and mental (mental illness, state of hypnosis) inability of the victim. Maybe combination physical and mental helplessness (infancy, state of severe intoxication, sleep, other unconscious state).

In the legal literature and judicial practice, the question of whether the qualification of the murder is influenced by who brought the victim to a helpless state: he himself or the guilty one?

With regard to the crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation unequivocally answered this question in its resolution “On judicial practice in cases of crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation” dated June 15, 2004 No. 11, in paragraph 3 of which it is indicated that “for the recognition of rape, as well as sodomy, lesbianism and other violent acts of a sexual nature, committed using the helpless state of the victim, does not matter (emphasis mine - O.B.), whether it was brought into such a state by the perpetrator himself (for example, he gave him alcohol, drugs, sleeping pills, etc.) or was in a helpless state, regardless of the actions of the person who committed the specified crime”

Consequently, the qualification of the murder is not affected by who brought the victim to a helpless state: the perpetrator, other persons, the victim himself, or he ended up in such a state due to other circumstances. However, the following circumstance must be taken into account. If bringing the victim into a helpless state is part of the objective side of depriving him of his life , then the considered qualifying feature is absent. It means that violent(in addition to the will of the person) bringing the victim into a helpless state with the subsequent deprivation of his life does not form the composition of a qualified murder under paragraph “c” of Part 2 of Article 105 of the Criminal Code of the Russian Federation.

P. "g" part 2 of Art. 105- the murder of a woman, known to the perpetrator to be in a state of pregnancy. It is a particularly dangerous crime. The sign of knowingness is important, i.e. the perpetrator's awareness of the victim's pregnancy. The perpetrator must be reliably aware that the victim is pregnant, and the source of his knowledge of this fact is not important. The duration of the pregnancy does not matter for qualification.

Part 3 Art. 30, paragraph "g" part 2 of Art. 105 - attempted murder of a pregnant woman, if the error is about the presence of pregnancy.

P. "d" part 2 of Art. 105- murder committed with extreme cruelty. The concept of special cruelty is associated both with the method of murder and with other circumstances that testify to special cruelty. Special cruelty in murder consists in inflicting special physical and moral suffering on the victim, i.e. strong, sufficiently long, repeated or single suffering. It must be established that there was intent to commit a crime with particular cruelty.

A sign of special cruelty is present, in particular, in the case when, before the deprivation of life, the victim is subjected to torture, torture, mockery of the victim, when the murder is committed in a way that is known to the perpetrator associated with causing the victim special suffering (causing a large amount of bodily harm, using painful poison, burning alive, prolonged deprivation of food or water). Also, special cruelty can be expressed in the commission of a murder in the presence of persons close to the victim, when the perpetrator realized that by his actions he was causing them special suffering.

Mocking a corpse in itself cannot be regarded as a circumstance indicating the commission of a crime with particular cruelty. What was done in such cases, if there are no other data on the manifestation of special cruelty, should be qualified according to the relevant part of Art. 105 and Art. 244 of the Criminal Code - crimes against public morality (desecration of the bodies of the dead).

P. "e" part 2 of Art. 105- murder committed in a generally dangerous way. A generally dangerous method of murder should be understood as such a method of intentionally causing death, which, knowingly for the perpetrator, poses a danger to the life of not only the victim, but at least one more person (murder by explosion, by arson, firing shots in crowded places). If, as a result of the use of a generally dangerous method of murder by the guilty, not only a certain person, but also other persons died, the deed must be qualified in addition to paragraph “e” of Part 2 of Art. 105, according to paragraph "a" part 2 of Art. 105, and in case of causing harm to health to other persons - according to paragraph "e" part 2 of Art. 105 and under the articles of the Criminal Code, providing for liability for intentional infliction of harm to health. The danger of taking the life of others must be real, not imaginary, exist in reality, and not be supposed. In cases where the murder by explosion, arson or other generally dangerous method involves the destruction or damage of another's property, committed in addition to paragraph "e" of Part 2 of Art. 105 qualifies under Part 2 of Art. 167.

Compared with paragraph "d" Art. 102 of the Criminal Code of the RSFSR, the wording of paragraph "e" part 2 of Art. 105 of the Criminal Code has been changed. It is not about killing in a way that is dangerous to the lives of many people, but about killing in a generally dangerous way. This means that this means not only the danger of this method to the lives of many people, but also the danger of other harmful consequences, such as destruction of houses, vehicles, communications, etc. when killed by explosion, or contamination of the area or water sources when the killing is done with the use of harmful chemicals. In this regard, we note that such consequences may be an element of a crime that requires independent qualification (along with murder), since these consequences are associated only with the method of the crime, i.e. committed by the same actions in an ideal combination.

P. "e 1" Part 2 of Art. 105- a murder committed on the basis of blood feud. Such a murder is due to the desire to take revenge on the offender or members of his family or clan for a real or imaginary insult inflicted on the killer or members of his family or clan.

Blood feud is a custom still preserved by some ethnic groups. Blood feud, as a rule, is carried out according to certain rules. For example, they take revenge only on the male line, a woman is always out of blood feud.

When discussing the draft of the new Criminal Code of the Russian Federation, the opinion was expressed that blood feud should be excluded from aggravating circumstances in the case of murder due to the fact that this is revenge on the basis of personal relationships. However, this proposal did not receive support due to the fact that blood feuds lead in some cases to the commission of a "chain" of murders. Murder on the basis of blood feud, as a rule, induces the relatives of the second victim to revenge, and consequently, leads to the murder of several people.

In addition to the motive, when clarifying the signs of the subjective side to qualify the actions of the perpetrator under paragraph “l” of Part 2 of Art. 105 of the Criminal Code, it is necessary to establish the nature of the intent of the perpetrator. It seems that murder on the basis of blood feud cannot be committed with indirect intent, it is necessary to establish direct intent. In this regard, it is important to clarify the relationship between motive and purpose in the commission of such a murder. A. Mamutov writes that "the subjective side of this crime includes not only the motive - a feeling of resentment, but also the purpose of revenge." This position appears to be controversial. One could speak of a feeling of resentment if the actions of the perpetrator were not determined by the custom of blood feud. It is blood feud as a custom here that acts as the motive for the murder, and, therefore, it cannot but be recognized as a motive for committing a crime. The views of A. Mamutov regarding the purpose of the murder on the basis of blood feud are also incorrect. The purpose of the murder is not revenge at all, but the deprivation of life of the offender, which indicates a direct intent to commit such a crime.

P. "g" part 2 of Art. 105- a murder committed by a group of persons, a group of persons by prior agreement or an organized group. A murder is recognized as committed by a group of persons, when 2 or more persons, acting jointly, with intent, directly participated in the deprivation of the life of the victim, using violence against him. Moreover, it is not necessary that the injuries that caused death were caused by each of them.

If, along with co-perpetrators, an organizer, instigator or accomplice participate in a group of persons by prior agreement, then their actions must be qualified under the relevant part of Article 33 and paragraph “g” of Part 2 of Art. 105.

The Plenum of the Supreme Court of the Russian Federation resolved this issue more successfully in paragraph 10 of the resolution of January 27, 1999, indicating that a murder is recognized as committed by a group of persons when two or more persons, acting together with intent aimed at committing a murder, directly participated in the process deprivation of the life of the victim by using violence against him, and it is not necessary that the injuries that caused death were caused by each of them (for example, one suppressed the resistance of the victim, deprived him of the opportunity to defend himself, and the other caused him fatal injuries). In the published rulings and rulings of the Supreme Court of the Russian Federation on cases of murders committed under various circumstances in co-perpetration, it is clearly indicated that the existence of a conspiracy to commit a murder in itself cannot be considered sufficient to qualify a crime under paragraph “g” of Part 2 of Art. 105 of the Criminal Code.

P. "h" part 2 of Art. 105- murder for mercenary motives or for hire, as well as associated with robbery, extortion or banditry. Murder for mercenary motives should be qualified as murder for the purpose of obtaining material benefits by the guilty or other persons (money, property, the right to property) or getting rid of material costs. Self-interest as a motive for murder is the desire for material gain in the broadest sense of the word.

To recognize the murder as mercenary, it is necessary to establish that the mercenary motive in its commission arose from the perpetrator before the criminal act was committed and determined it. This does not require that the purpose of the murder was necessarily achieved. The main thing is that when committing this crime, the perpetrator is guided precisely by selfish motives. In cases where mercenary motives were not the motive for the murder, the taking of the property of the murdered person cannot be the basis for qualifying the deed under paragraph “h” of Part 2 of Art. 105.

As a murder for hire, it is necessary to qualify the murder, due to the receipt by the perpetrator of the crime of material or other remuneration from the customer (directly or indirectly, through an intermediary).

As committed with robbery or banditry, it should be qualified in the presence of these acts. The deed qualifies under paragraph "h" part 2 of Art. 105 in conjunction with articles of the Criminal Code providing for liability for robbery, extortion, etc.

P. "and" part 2 of Art. 105- Murder with hooligan motives. Murder out of hooligan motives is a murder committed on the basis of a clear disrespect for society and generally recognized norms of morality, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to oppose himself to others, to demonstrate a disdainful attitude towards them.

A study of practice shows that hooligan motives in murder are more common than other aggravating circumstances listed in Part 2 of Art. 105 of the Criminal Code. The Plenum of the Supreme Court of the Russian Federation in paragraph 12 of the resolution of January 27, 1999 explained that according to paragraph “and” part 2 of Art. 105 of the Criminal Code should qualify a murder committed on the basis of a clear disrespect for society and generally accepted norms of morality, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to oppose himself to others, to demonstrate a disdainful attitude towards them.

When committing a murder out of hooligan motives, the perpetrator receives satisfaction from the very fact of depriving a person of life or from such actions (aimed at a gross violation of public order and showing obvious disrespect for society) by which a person can be deprived of life with an indifferent attitude to this on the part of the perpetrator.

It is known that the motive is considered an optional feature of the subjective side of the crime. But in cases of murder out of hooligan motives, the motive, in any case, must be established as a necessary condition for the correct application of paragraph “and” of Part 2 of Art. 105 of the Criminal Code. Failure to establish the motive for the murder, as already noted, is not a basis for recognizing it as committed out of hooligan motives. The study of practice shows that a significant part of the errors in qualifying murders out of hooligan motives is explained by a superficial analysis of the circumstances of the crime, indicating the subjective side and, mainly, the motive for committing it. The motive that guided the guilty person can be judged by his actions themselves, and in some cases the reason that was the external cause of the crime committed. Since the murder involves the actions of the perpetrator directed against another person - the victim, then in order to establish the motive for the murder, the actions of the latter, as well as the relationship between the perpetrator and the victim, acquire a certain meaning.

P. "k" part 2 of Art. 105- murder for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature.

Murder in order to cover up a crime is that the perpetrator, by committing a crime, aims to hide both a previously committed crime and another crime that is supposed to be committed in the future. At the same time, for qualification under paragraph “k” of Part 2 of Art. 105 it does not matter whether the murderer himself or another person has committed or was about to commit another crime.

Murder in order to facilitate another crime is characterized by the fact that the perpetrator, depriving the victim of life, aims to create conditions that facilitate the commission of the planned crime. At the same time, by murder, the perpetrator seeks to facilitate the commission of a crime carried out both by himself and by other persons. Such actions of the perpetrator are possible both before the completion of the intended crime, and in the process of its implementation. Within the meaning of the law, qualification under paragraph “k” of Part 2 of Art. 105 excludes the possibility of qualifying for another reason.

Murder involving rape or sexual assault, whether committed to cover up a crime, or committed out of revenge for resisting rape. At the same time, the committed act must be qualified in totality: Art. 105 and 131 or 132.

P. "m" part 2 of Art. 105- murder for the purpose of using the organs and tissues of the victim. The murder is committed in order to use the organs and tissues of the victim, but the nature of their use may be different - not only for transplantation, but also for any other purposes. As follows from the Law of the Russian Federation "On transplantation of human organs and (or) tissues", adopted on December 22, 1992, human organs and tissues should be understood as: heart, lungs, kidneys, liver, bone marrow and other organs and tissues, the list of which established by the Ministry of Health of the Russian Federation and the Academy of Medical Sciences of Russia; organs, their parts and tissues related to human reproduction, including reproductive tissues (ovum, sperm, testicles and embryos); blood and its components. At the same time, all these organs and tissues can be removed both by violence and deprivation of the life of the victim, and under various "plausible" pretexts, including under the pretext of conducting a medical operation "in the interests" of the victim, which may end in his death

The subject of this crime can be any sane person who has reached the age of 14, and not just a physician with special knowledge. If organs are "removed" for transplantation, then it can hardly be assumed that this can be done without the participation of a person with special knowledge. Naturally, the presence of a special purpose implies that this crime can only be committed with direct intent.

d) a woman known to the perpetrator to be in a state of pregnancy;

e) committed with special cruelty;

f) committed in a generally dangerous way;

f.1) on the basis of blood feud.

Art. 105: Murder, that is, the intentional infliction of death on another person. Murder- this is a socially dangerous, unlawful act, intentional infliction of death on another person, when it is not directed at the same time to another public relation protected by criminal law.

Decree of the Plenum of the Supreme Court of January 27, 1999 No. 1 “On judicial practice in cases of murder”:

8. When qualifying a murder under paragraph "d" part 2 of Art. 105 of the Criminal Code of the Russian Federation, it is necessary to proceed from the fact that the concept of special cruelty is associated both with the method of murder and with other circumstances indicating the manifestation of special cruelty by the perpetrator. At the same time, in order to recognize the murder as committed with special cruelty, it is necessary to establish that the intent of the perpetrator covered the commission of murder with special cruelty.

A sign of special cruelty is present, in particular, in cases where, before the deprivation of life or in the process of committing a murder, torture, torture or mockery of the victim was used on the victim, or when the murder was committed in a way that is known to the perpetrator associated with causing the victim special suffering (inflicting great number of bodily injuries, the use of a painful poison, burning alive, prolonged deprivation of food, water, etc.). Particular cruelty can be expressed in the commission of a murder in the presence of persons close to the victim, when the perpetrator was aware that by his actions he was causing them special suffering.

Mocking a corpse in itself cannot be regarded as a circumstance indicating the commission of a murder with particular cruelty. The committed in such cases, if there is no other evidence of the perpetrator's manifestation of special cruelty before depriving the victim of life or in the process of committing a murder, should be qualified under the relevant part of Art. 105 and Art. 244 of the Criminal Code of the Russian Federation, which provides for liability for desecration of the bodies of the dead.

The destruction or dismemberment of a corpse for the purpose of concealing a crime cannot be grounds for qualifying a murder as committed with special cruelty.

9. A generally dangerous method of murder (clause "e" part 2 of article 105 of the Criminal Code of the Russian Federation) should be understood as a method of intentionally causing death, which, for the perpetrator, knowingly poses a danger to the life of not only the victim, but at least one more person (for example, by explosion, arson, firing shots in crowded places, poisoning water and food, which other people use in addition to the victim).

If, as a result of the generally dangerous method of murder applied by the guilty person, not only a certain person, but also other persons died, the deed must be qualified, in addition to paragraph "e" of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, according to paragraph "a" part 2 of Art. 105 of the Criminal Code of the Russian Federation, and in case of causing harm to health to other persons - according to paragraph "e" part 2 of Art. 105 of the Criminal Code of the Russian Federation and under the articles of the Criminal Code, providing for liability for intentional infliction of harm to health.

In cases where the murder by explosion, arson or in any other generally dangerous way is associated with the destruction or damage of other people's property or with the destruction or damage of forests, as well as plantations that are not included in the forest fund, the deed, along with paragraph "e" part 2 Art. 105 of the Criminal Code of the Russian Federation, should also be qualified under Part 2 of Art. 167 or part 2 of Art. 261 of the Criminal Code of the Russian Federation.

Murder of a woman known to be pregnant (Clause “d”, part 2, article 105 of the Criminal Code of the Russian Federation), In this case, the responsibility for the murder is increased due to the fact that not only the woman is deprived of her life, but also her fetus - the embryo of future human life. This murder presupposes the obligatory awareness (knowledge) of the perpetrator of the pregnancy of the victim. At the same time, the duration of pregnancy, as well as the source of knowledge about it, does not change the qualification of the deed. It also has no legal significance whether the fetus died or not as a result of an encroachment on the life of a woman. If the perpetrator mistakenly believes that the victim is pregnant, then the encroachment on her life, according to the direction of intent, is covered by paragraph “d” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation. However, due to the fact that the murder of a pregnant woman was not actually committed, it is more correct to qualify such cases with reference to Part 3 of Art. 30 of the Criminal Code of the Russian Federation (attempted murder).

Murder committed with particular cruelty (Clause "d" part 2 of article 105 of the Criminal Code of the Russian Federation). Every murder is a cruel crime, but in this case the law indicates a special cruelty. This, of course, is an evaluative concept that requires detailed consideration as a sign inherent in murder. First of all, it should be noted that the Plenum of the Supreme Court of the Russian Federation, in its decision of January 27, 1999, indicates that the concept of special cruelty must be associated both with the method of murder and with other circumstances that indicate the manifestation of special cruelty by the perpetrator. So, a particularly cruel, painful way for the victim to commit a murder is obvious, when, before the deprivation of life or in the process of this, torture is applied to him, torture, or mockery of the victim was committed (inflicting a large number of bodily injuries, using a painfully effective poison, burning alive, prolonged deprivation of food). , water, etc.). But not only the method of murder in itself testifies to special cruelty. The law connects this feature with other circumstances reflecting the particular sophistication of the deprivation of life of the victim. Thus, special cruelty can be expressed in the commission of a murder in the presence of persons close to the victim, when the perpetrator realized that by his actions he was causing them special suffering. Murder with extreme cruelty does not necessarily imply that the perpetrator acted specifically to cause the victim (or his loved ones) special suffering. However, it must be established that he was aware of the particular cruelty of his act. The destruction of a corpse or its dismemberment in order to conceal the committed crime (murder) does not form a sign of special cruelty. However, such actions should entail liability under Art. 244 of the Criminal Code of the Russian Federation as desecration of the bodies of the dead. In addition, an act of cannibalism committed by a guilty person cannot be considered as special cruelty. A very difficult question is the question of the type of intent. From the point of view of the analysis of the corpus delicti, special cruelty is an objective-subjective category.

Murder committed in a generally dangerous way (Clause “e”, part 2, article 105 of the Criminal Code of the Russian Federation), To qualify a murder on this basis, it is necessary that, while carrying out the intent to kill a certain person, the perpetrator realizes that he uses such a method of causing death, which is life-threatening not only victim, but also at least one other person. First of all, this means that in the process of criminal encroachment, specific tools and means are used that threaten the lives of several (at least two) people at once (for example, the use of explosives, poisonous, radioactive substances, firearms, arson). At the same time, the intent of the perpetrator should cover that he encroaches on the life of the victim in a generally dangerous way. Thus, in itself, the use of sources of increased danger in the process of killing cannot mean the presence of the sign in question (for example, the use of an explosive device in a deserted place, a shot from a sniper rifle by a trained person). However, indiscriminate shooting in a crowded place with the aim of killing a specific person, of course, indicates a generally dangerous method. If the health of unauthorized persons is harmed, then the actions of the perpetrator must be additionally qualified under the articles of the Criminal Code, which provide for liability for intentional or negligent infliction of the corresponding harm to health.

The basis for blood feud is always blood resentment, which is the result, for example, of murder, abuse of a woman, gross insults. The subject of blood feud murder can only be persons of those nationalities and nationalities who have preserved this custom to this day. According to the customs of blood feud, not only the offender himself, but also his relatives can be deprived of their lives, however, blood feud, and not another feud, must necessarily be the basis of the murder. This crime can be committed in the territory of residence of the indigenous population, as well as outside it, regardless of the time of occurrence of the blood offense.

Full text of Art. 105 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under Article 105 of the Criminal Code of the Russian Federation.

1. Murder, that is, deliberate infliction of death on another person, -
shall be punishable by deprivation of liberty for a term of six to fifteen years, with or without restraint of liberty for a term of up to two years.

2. Murder:
a) two or more persons;
b) a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;
c) a minor or another person who is obviously in a helpless state for the perpetrator, as well as associated with the kidnapping of a person;
d) a woman known to the perpetrator to be in a state of pregnancy;
e) committed with special cruelty;
f) committed in a generally dangerous way;
f_1) on the basis of blood feud;
g) committed by a group of persons, a group of persons by prior agreement or an organized group;
h) for mercenary motives or for hire, as well as associated with robbery, extortion or banditry;
i) out of hooligan motives;
j) for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature;
k) based on political, ideological, racial, national or religious hatred or hostility, or based on hatred or hostility towards any social group;
l) for the purpose of using the organs or tissues of the victim, -
m) the paragraph became invalid from December 11, 2003 - Federal Law of December 8, 2003 N 162-FZ, -
shall be punishable by deprivation of liberty for a term of eight to twenty years, with restriction of liberty for a term of one to two years, or life imprisonment, or the death penalty.

Commentary on Article 105 of the Criminal Code of the Russian Federation

1. Composition of the crime:
1) object: the immediate object is the life of a person, from the moment it begins (when the complete expulsion or extraction of the product of conception from the body of a pregnant woman is ascertained) and until the moment it ends (the irreversible death of the entire brain is ascertained);
2) the objective side: an action (inaction), as a result of which socially dangerous consequences should occur in the form of the death of another person, and there should be a causal relationship between the act and the consequences;
3) subject: a natural sane person who has reached the age of 14 by the time the crime was committed. A murder committed by an official in excess of official authority is qualified according to the totality of crimes provided for in the commented article and;
4) subjective side: characterized by guilt in the form of direct or indirect intent. Attempted murder is possible only with direct intent. With direct intent, a person foresees the inevitability (inevitability, inevitability) of the onset of death and wishes for its onset, with indirect intent, he foresees only the possibility (but real, and not abstract, as with frivolity) of its onset and does not want, but consciously allows its onset or refers to this is irrelevant.

The murder is considered completed from the moment of the death of the victim. It does not matter when death occurred: immediately or after some time.

The same act committed by:
- in relation to two or more persons (clause "a" part 2 of article 105 of the Criminal Code of the Russian Federation);
- a person or his relatives in connection with the performance of official activities by this person or the fulfillment of a public duty (clause "b" part 2 of article 105 of the Criminal Code of the Russian Federation);
- in relation to a minor or other person, who is obviously in a helpless state for the perpetrator, as well as associated with kidnapping (clause "c" part 2 of article 105 of the Criminal Code of the Russian Federation);
- in relation to a woman who is known to the perpetrator to be in a state of pregnancy (clause "g" of article 105 of the Criminal Code of the Russian Federation);
- with special cruelty (clause "d" part 2 of article 105 of the Criminal Code of the Russian Federation);
- in a generally dangerous way (clause "e" part 2 of article 105 of the Criminal Code of the Russian Federation);
- based on blood feud (clause "e.1" part 2 of article 105 of the Criminal Code of the Russian Federation);
- a group of persons, a group of persons by prior agreement or an organized group (clause "g" part 2 of article 105 of the Criminal Code of the Russian Federation);
- for mercenary motives or for hire, as well as associated with robbery, extortion or banditry (clause "z" part 2 of article 105 of the Criminal Code of the Russian Federation);
- out of hooligan motives (clause "and" part 2 of article 105 of the Criminal Code of the Russian Federation);
- for the purpose of concealing another crime or facilitating its commission, as well as involving rape or violent acts of a sexual nature (clause "k" part 2 of article 105 of the Criminal Code of the Russian Federation);
- based on political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity against any social group (clause "l" part 2 of article 105 of the Criminal Code of the Russian Federation);
- for the purpose of using the organs or tissues of the victim (clause "m" part 2 of article 105 of the Criminal Code of the Russian Federation).

2. Applicable law:
1) the Constitution of the Russian Federation (Article 20);
2) International Covenant on Civil and Political Rights (clause 1, article 6);
3) European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 2);
4) Law of the Russian Federation "On transplantation of human organs and (or) tissues" (Article 9);
5) Federal Law "On the Police" (Article 1).

3. Court practice:
1) Decree of the Supreme Court of the Russian Federation dated January 27, 1999 N 1 "On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)" clarified that under Part 1 of Art. 105 of the Criminal Code of the Russian Federation qualifies a murder committed without the qualifying signs specified in Part 2 of Art. 105 of the Criminal Code of the Russian Federation, and without extenuating circumstances, provided for by Art. 106, 107 and 108 of the Criminal Code of the Russian Federation (for example, in a quarrel or fight in the absence of hooligan motives, out of jealousy, based on revenge, envy, hostility, hatred arising from personal relationships);
2) Decree of the Supreme Court of the Russian Federation of June 28, 2011 N 11 "On judicial practice in criminal cases on crimes of an extremist orientation";
3) the verdict of the Orenburg Regional Court dated 29.08.2011 gr.I. found guilty under n. "in" h.4 Article. 162, paragraph "z" part 2 of Art. 105 of the Criminal Code of the Russian Federation. Having examined in open court the criminal case against gr.I., the court found that gr.AND. committed a robbery attack on gr.E. for the purpose of stealing property, during which he killed her. The crime was committed under the following circumstances. On 11/17/2010, between 02 and 07 o'clock, gr.I., being in a state of alcoholic intoxication, in order to steal vodka, he broke the glass in the window opening and illegally entered the dwelling of gr.E. Realizing that his actions were discovered by the victim gr.E., gr.I. with the aim of stealing and killing gr.E. attacked her. Realizing the plan, gr.I. inflicted gr.E. at least three blows to the face with his hands and at least five blows to the front of the neck, shoulders and abdomen with a knife. The victim fell to the floor from her injuries. After that, gr.I. plucked from the neck gr.E. a gold chain and a gold cross, stole eight bottles of vodka "Pshenichnaya" with a capacity of 0.5 liters and a plastic bag from the closet. Having discovered that gr.E. shows signs of life, gr.I., wanting to bring his intent to end the life of the victim, inflicted many blows to the latter with a knife found in the kitchen on the neck, in the region of the upper chest in front and shoulders and killed her. With stolen property gr.I. fled the scene. By their actions gr.I. caused gr.E. bruises in the form of bruising of the nose, left zygomatic region and left auricle, both elbow joints, right forearm and right hand, right shin, bruising and abrasion of the left knee joint, abrasions of the skin of the lower lip on the left and chin, which did not cause harm to health; through stab wound of the right submandibular region, stab wound of the anterior surface of the neck, stab wound of the lateral surface of the neck on the left in the lower part, two stab wounds of the anterior surface of the left shoulder joint, incised wounds of the 1st, 4th and 5th fingers of the right hand, four incised wounds of the 2nd finger of the left hand, multiple linear abrasions around a through stab wound of the right submandibular region and a stab wound of the anterior surface of the neck, which caused slight harm to health; stab-cut wound of the anterior abdominal wall on the left, penetrating into the abdominal cavity with damage to the outer shell of the sigmoid colon, resulting in serious bodily harm; an extensive incised wound of the anterior, left lateral and left posterolateral surfaces of the neck in the middle part with the intersection of muscles, large and small vessels, hypopharynx, which caused serious bodily harm. Death of gr.E. came at the scene from profuse external bleeding, which developed as a result of an extensive incised wound of the neck with the intersection of muscles, large and small vessels. At the hearing the defendant gr.AND. pleaded guilty to the charge, refused to testify on the merits of the charge. The court appointed gr.I. under Art. 162 h.4 p. "c" of the Criminal Code of the Russian Federation 8 years in prison without fine and restriction of liberty; under Art. 105 part 2 p. "z" of the Criminal Code of the Russian Federation 10 years in prison with restriction of freedom for 1 year. Based on Art. 69 h.3 of the Criminal Code on the totality of crimes by partial addition of sentences, the court appointed gr.AND. final punishment - 12 years' imprisonment in a strict regime correctional colony with restriction of liberty for 1 year;
________________
URL: http://docs.pravo.ru/document/view/20128575/19021696/.

4) by the verdict of the Babushkinsky District Court of Moscow dated 02.09.2011 gr.K, he was found guilty of committing a crime under Part 1 of Art. 105 of the Criminal Code of the Russian Federation with the imposition of a sentence of 6 (six) years in prison in a correctional colony of general regime.

________________
URL: http://prateh.ru/poleznaja-informacija/sudebnaja-praktika/statja-105-uk-rf/105-1-babushkinskij-sud.html.

Consultations and comments of lawyers on Article 105 of the Criminal Code of the Russian Federation

If you still have questions about Article 105 of the Criminal Code of the Russian Federation and you want to be sure that the information provided is up-to-date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.