Criminal law: article for threats (article 119 of the criminal code)

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2018-04-02 10:47:12

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The Threat to life and health of another person is a dangerous crime against a person. In the domestic criminal code provides the appropriate rate, characterizing the composition and establishing the punishment for such an act. Next, let's consider it in more detail. paper threats

Article 199 of the Russian Federation "Threat"

In part 1, a shared part of the act. The rule provides for the penalty if there was a threat of murder or assault and if there was reason to fear these warnings. The offender in such cases may be appointed:

  1. Up To 2 years in prison.
  2. The Arrest of up to six months.
  3. Up To 2 years of forced labor.
  4. Up To 480 hours of compulsory work.
  5. Up To 2 years of restriction of freedom.

Special circumstances

The Threat of murder or other violence may be perpetrated for reasons of religious, racial, ideological, national or political hatred or enmity or due to hostility of any social group. In this case, the following sanctions:

  1. Up To 5 years forced labor.
  2. Imprisonment for the same period.

In addition to the sentence, the court may prohibit to occupy certain posts or to engage in any specific activities for three years. death threats

Article behind the threat: comments

In the previous criminal legislation of 1960 was provided by article 270. She qualified actions against public order and safety and the health of citizens. The new code stipulated in article 119. It is included in the section of the rules which are considered crimes against life and health of the population. From its dispositive part of the excluded indicating a warning about the destruction of property as an aggravating feature.

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Characteristics of expressions

A statement to the police about the threat to life is if the victim clearly understood that there is a likelihood of violence against him. Warning about the use of force against him must be expressed in an understandable form both for him and for others. This can be done orally, in writing, by Telegraph, telephone, Fax and so on. Article the threat extends to actions aimed at relatives of the victim. Alerts can be passed through neighbors or friends. They can be addressed and the victim in a public speech. article of the Russian menace

The specifics of the objective of the

Article the threat clearly defines the object that encroaches guilty. Thus, prevention of rape, robbery and so will not form part of the crime. The threat must be specific. The victim should be clear how, what exactly, what behavioral acts of the perpetrator intends to implement his warning. Along with these threats must be real. In its comments, the Supreme court has indicated that liability occurs only if the victim is sufficient grounds for concern. They can specify the grounds upon which the warning was communicated to, the relationship of the perpetrator to the victim, information about the identity, conditions in which were made about violence. Thus, the article is the threat applicable to the case that determined the reality of the incarnation of the word. To establish this matters, perceived as a warning not only to the victim but also the people around him, friends with him and guilty. threat to life and health

Delimitation from other acts

The Article is the threat used from the moment of uttering warnings in the presence of the victim or other people. If the punishment a person has learned from writing a message, can attract liability from the moment of familiarization with a message. Threat of murder or other violence must be distinguished from the preparation of these acts, and several other related crimes. It should be said that in the pattern forming illegal actions warning such acts as the intent. By itself, it is not punishable. But the penal code takes into account the need to strengthen the protection and security of the person. In this regard, the threat of murder and other violence stands out as an independent composition. For example, if a warning about the use of force, the perpetrator ran over the victim with a knife, but couldn't catch him, the behavior of the first qualifies under article 105, article 30 or article 111. The use of a norm will depend on the specific circumstances of the incident. The threat in the example is converted into proof of guilt and is not subject to qualification under article 119. Along with this, acts which are not aimed at causing death of the victim, constitute only a warning. They can not be regarded as attempted murder. a police report about the threat to life

Subjective

This aspect considered criminal acts can be expressed only in direct intention. The offender is aware that threatening the victim with beatings or murder. In this case the subject wants these consequences have arisen. As for a motive, there may be careerist or hooligan motives, jealousy, envy, revenge, hatred and sonext. To prosecute in the comment on article, the alleged 16-year-old citizen.

Details

Hooligan daring actions using the knife as a warning about the killing was directed against an indefinite class of individuals, it is wrong to consider as threats. Saying words about the violence can be part of other crimes. For example, it can be rape, robbery, extortion. In such and other similar situations, the article 119 of the criminal code is not applicable.


Article in other languages:

AR: https://www.tostpost.com/ar/the-law/10389-119.html

BE: https://www.tostpost.com/be/zakon/18663-krym-nal-naya-prava-artykul-za-pagrozy-st-119-kk-rf.html

DE: https://www.tostpost.com/de/das-gesetz/18678-strafrecht-artikel-f-r-die-bedrohung-artikel-119-des-strafgesetzbuches.html

ES: https://www.tostpost.com/es/la-ley/18695-derecho-penal-art-culo-tipo-de-amenazas-art-culos-119-del-c-digo-penal.html

HI: https://www.tostpost.com/hi/the-law/10397-119.html

JA: https://www.tostpost.com/ja/the-law/10397-119.html

KK: https://www.tostpost.com/kk/za/18662-ylmysty-y-bap-ny-119--zhat-rf-k.html

PL: https://www.tostpost.com/pl/prawo/18633-prawo-karne-artyku-za-gro-by-art-119-kodeksu-karnego.html

PT: https://www.tostpost.com/pt/a-lei/18635-direito-penal-artigo-por-amea-a-st-119-do-c-digo-penal.html

TR: https://www.tostpost.com/tr/hukuk/18669-ceza-hukuku-madde-i-in-bir-tehdit-madde-119-ceza-kanunu-nun.html

UK: https://www.tostpost.com/uk/zakon/18655-krim-nal-ne-pravo-stattya-za-pogrozi-st-119-kk-rf.html

ZH: https://www.tostpost.com/zh/the-law/11165-119.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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