RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of January 27, 1999 No. 1

About court practice on cases on murder (Art. 105 of the Criminal Code of the Russian Federation)

For the purpose of ensuring the correct application of the legislation providing responsibility for intentional causing death to other person, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. By hearing of cases about the murder which is especially serious crime for which making purpose of the most stiff punishment from the punishments prescribed by Art. 44 of the Criminal Code of the Russian Federation of types is possible courts shall fulfill strictly the requirement of the law on comprehensive, complete and objective investigation of the facts of the case.

On each such case the fault form shall be established, motives, the purpose and method of causing death to other person are found out, and also other circumstances important for the correct legal treatment of deeds and appointment to the guilty person of just punishment are researched.

2. If murder can be committed both with direct, and with indirect intent, then attempted homicide is possible only with direct intention that is when the deeds demonstrated that the guilty person realized public danger of the actions (failure to act), expected opportunity or inevitability of approach of death of other person and wished its approach, but death did not come on the circumstances which are not depending on it (in view of the active resistance of the victim, intervention of other persons, timely rendering medical care to the victim, etc.).

3. It is necessary to delimit murder from intentional causing the severe harm to health which entailed the death of the victim, meaning that in case of murder the intention of the guilty person is directed to deprivation of the victim of life, and in case of crime execution, the Criminal Code of the Russian Federation provided by the p. 4 of Art. 111, the relation of the guilty person to approach of death of the victim is expressed in imprudence.

In case of the solution of question of orientation of intention of the guilty person it is necessary to proceed from set of all circumstances of deeds and to consider, in particular, method and the crime instrument, quantity, nature and localization of bodily harms (for example, wounds of vitals of the person), and also prior to crime and the subsequent behavior of the guilty person and victim, their relation.

4. According to p.1 Art. 105 of the Criminal Code of the Russian Federation the murder committed without the qualifying signs specified in the p. 2 of Art. 105 of the Criminal Code of the Russian Federation and without the attenuating circumstances provided by the Art. of the Art. 106, 107 and 108 Criminal Code of the Russian Federation is qualified (for example, in quarrel or fight in the absence of hooligan motives, out of jealousy, based on revenge, envy, hostility, the hatred which arose because of the personal relations).

5. According to provisions p.1 of Art. 17 of the Criminal Code of the Russian Federation the murder of two or more persons committed at the same time or at different times does not form cumulative offenses and is subject to qualification on the Item "and" of the p. 2 of Art. 105 of the Criminal Code of the Russian Federation, and in the presence to that the bases as well on other Items of part 2 of this Article provided that no guilty person was condemned for one of these murders earlier.

Murder of one person and attempted homicide of another cannot be considered as completed crime - murder of two persons. In such cases irrespective of the sequence of criminal acts the deeds should be qualified on p.1 or the p. 2 of Art. 105 and according to the p. 3 of Art. 30 and the item "and" of the p. 2 of Art. 105 of the Criminal Code of the Russian Federation.

6. According to the item the p. 2 of Art. 105 of the Criminal Code of the Russian Federation qualifies the murder of person or his relatives committed for the purpose of hindrance to lawful implementation by this person of the office activities or accomplishment of social duty or based on revenge for such activities.

It is necessary to understand the actions of person entering circle of its obligations following from the employment contract (contract) with the state, municipal, private and other registered in accordance with the established procedure companies and the organizations irrespective of pattern of ownership with entrepreneurs whose activities do not contradict the current legislation, and under accomplishment public dolgaosushchestvleniye the citizen as the obligations which are specially assigned to it for the benefit of society or legitimate interests of individuals, and making of other socially useful actions as implementation of office activities (suppression of offenses, the message to authorities about the committed or preparing crime or about the location of person searched in connection with making of offenses by it, giving by the witness or victim of the indications exposing person in crime execution, etc.).

Along with close relatives, the other persons consisting with him in relationship, property (the spouse's relatives) and also persons whose life, health and wellbeing obviously for the guilty person of the road to the victim owing to the developed personal relations can treat persons close to the victim.

7. According to the item "in" the p. 2 of Art. 105 of the Criminal Code of the Russian Federation (murder of the juvenile or the other person, obviously for the guilty person who is down and out) should qualify intentional causing death the victim incapable owing to physical or mental condition to protect himself, to show active resistance to the guilty person when the last, committing murder, understands this circumstance. Seriously ill patients, aged can be carried to the other persons who are down and out, in particular, persons suffering from the mental disturbances depriving of their capability it is correct to perceive the events.

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