Art. 244 of the Criminal Code: punishment

Responsibility under Art. может наступить за надругательство над телом умершего, уничтожение, осквернение, повреждение участков захоронения, зданий, относящихся к кладбищу, могильных сооружений, строений, используемых для проведения церемоний, касающихся погребения либо поминовения. 244 of the Criminal Code of the Russian Federation may initiate an outrage against the body of the deceased, destruction, desecration, damage to burial grounds, buildings belonging to the cemetery, grave facilities, buildings used for ceremonies relating to burial or commemoration. The danger of this crime consists in insulting the memory, feelings of living people to the deceased, folk customs and traditions. Let's consider further, art. с комментариями. 244 of the Criminal Code with comments.

Punishment

For the specified in the first part of Art. субъекту грозит: 244 of the Criminal Code of the Russian Federation, the offense to the subject is threatened:

1. A fine of up to 40 thousand rubles. Or equal to the income for 3 months.
2. No more than 360 hours of compulsory work.
3. Arrest to three meters.
4. Correctional labor up to 12 months.

Aggravating signs

Acts recorded in part 1 of Art. могут совершаться: 244 of the Criminal Code of the Russian Federation, may be committed:

1. A group of citizens, including pre-agreed, as well as an organized community of individuals.
2. On motives of racial, political, national, ideological, religious enmity, hatred towards a certain social association or with respect to an architectural, sculptural structure dedicated to the victims of fascism or the fight against Nazism, as well as the burial sites of participants in such confrontation.
3. Accompanied by violent acts or under threat of their use.

In these cases, the perpetrators may receive:

1. Restriction of freedom to three years.
2. Up to five years of forced labor or imprisonment.
3. 3-6 months. Arrest.

Specificity of Acts

Crimes defined by part one of Art. , отличаются небольшой тяжестью. 244 of the Criminal Code of the Russian Federation , differ a little weight. Acts recorded in part 2 are considered to be moderate. Immediate object is considered social relations of a moral nature, concerning traditions, customs, religious rites of burial. Crime affects the memory of the deceased, their honor, the peace of their bodies, as well as the safety of burial places. As an optional object are intangible benefits of relatives, property, etc.

Subject

They are:

1. The body of the buried.
2. The burial site.
3. Cemetery building.
4. Supermarket construction.

The place of burial should be considered a land plot allocated in accordance with environmental, sanitary and ethical standards, with cemeteries on them for burial of bodies or remains, walls for installation of urns with ashes, crematoria (buildings intended for the fire of deceased citizens) and other buildings , Used for ritual ceremonies. Gravestone recognizes the structure, which is a monument, a crypt, a slab, a sculpture, a stele, a statue, an obelisk, another structure containing information about the person in whose memory it is installed. The cemetery building is a building used for ceremonies connected with burial, commemoration of the deceased. It can be a chapel, a church, a ritual hall, a crematorium and so on. Burial refers to the ceremonial action for the burial of the body / remains of a citizen after his death in accordance with traditions and customs that do not contradict sanitary and other norms.

The objective part

Art. фиксируется ответственность за: 244 of the Criminal Code of the Russian Federation fixes responsibility for:

1. Abuse of the body / remains of a deceased person. It is a question of desecrating, immoral, cynical actions in relation to a buried or temporarily uninhabited person. It can be extracting remains from the grave, dismembering the corpse, inflicting damage on him, kidnapping clothes, jewelry, including dental crowns, unauthorized transfer of the body to another place.
2. Destruction of areas where people are buried, gravestones, buildings used for rituals and ceremonies. We are talking about the complete destruction of objects, bringing them into disrepair or in a state in which their further exploitation is impossible.
3. Desecration of structures, buildings, structures. Under such an action it is necessary to understand cynical, immoral behavior incompatible with the purpose of objects. It can be drawing drawings, inscriptions, impurities, etc.

Qualification features

If, together with the acts recorded in Art. , совершены действия, определенные 282 статьей, наказание наступает по совокупности норм. 244 of the Criminal Code of the Russian Federation , acts committed in accordance with Article 282 have been committed, punishment follows a set of norms. For example, the perpetrator, among other things, can be shouted out by unauthorized persons with nationalist slogans. Explanations on the overall qualification in such cases are given in paragraph 11 of the Plenary Decree BC. Secret theft of objects that are in a grave, a coffin, or on a corpse before burial, are additionally punished under art. 158. Sexual orientation is characterized as an outrage. Damage, destruction, desecration of burial sites, cemetery buildings, gravestones and structures of cultural and historical value, falls under Article 243 of the Code. In the event of significant damage, the acts are classified in 167 articles.

Additionally

Crime has a material and formal composition. In case of abuse of the body, desecration of burial grounds, cemetery buildings, gravestones and structures, the deed is recognized completed at the time of any action forming the objective part. In case of destruction or destruction, the crime will be terminated upon the occurrence of the corresponding consequences. The subject, who can be convicted under art. 244 of the Criminal Code of the Russian Federation, is a natural person of 16 years of age, sane.