Attempt to kill (Criminal Code, Article 30)

An important issue for law enforcement is an attempt on murder. The Criminal Code of the Russian Federation defines it as a crime, which is often amenable to qualification with great difficulty, since difficulties arise with the determination of all elements of the composition. Judicial practice has repeatedly faced with the problems of the correct application of the rule of criminal law and, accordingly, the choice of a penalty that directly depends on the stage of deliberate death.

What is an attempt

Any crime has several stages, the passage of which makes it complete, their qualifications depend on them. The first stage is preparation, the second is just an attempt, and then directly the commission of the act, that is, the fulfillment of the objective side. Article 30 of the Criminal Code of the Russian Federation fixes questions concerning the first two stages, but only one of them will be examined, namely, an attempt on a crime.

Attempt is the stage at which a person intentionally commits actions aimed at realizing the objective side of a crime, but does not bring it to the end. It is important to remember that this stage will exist only when there was a direct intent of the death of another citizen, but the act was not completed by the subject in circumstances that obviously did not depend on him. This is an important and even significant aspect.

Symptoms

In the theory of criminal law, as well as in practice, there are a number of significant features that define the stage under consideration and distinguish it from others. Most often, differences require preparation for a crime and an attempt on a crime. So, to the signs of the second stage of any act, there are only three points that intersect each other, they are necessary for determining the composition.

The first sign is the obligatory beginning of the fulfillment of the objective side. That is, when an attempt is made, in contrast to training, a person already commits a crime, realizing his intentions and manifesting them outside. For example, an attempt on murder. Article of the Criminal Code of the Russian Federation, which establishes responsibility for this act, extends its sanctions also in the event that everything ends in the second stage of the crime.

The second sign is the lack of full implementation of the objective side. He echoes the first, demonstrating that the deeds are beginning to be carried out, but it does not reach the end, which is also important for the composition.

And the third and last feature, which is also enshrined in Article 30 of the Criminal Code of the Russian Federation, is the circumstances that do not depend on the subject of the crime . The act must be interrupted for reasons that were not in the person's plans, that is, it is not his desire that would change the situation as a whole.

Types of Attempt

There are several classifications of assassination. The first is a completed attempt and an unfinished one. Criterion - the completion of the actions of the offender. That is, a person either performs all conceived actions, but no negative result occurs, or not all planned actions are performed. The most important thing is that the crime is interrupted due to circumstances beyond the control of the subject.

The second classification, which is also widely used, is the allocation of an unsuccessful attempt to commit a crime as a species, which in turn is divided into two separate subspecies: an attempt on an unfit object, an object or an attempt committed by an unsuitable instrument. Criterion in this case are objective signs both mandatory and optional. There is an obvious circumstance that does not depend on the subject and prevented the completion of the deed, namely, the inapplicability of one of the elements of the composition.

Attempted murder. CC RF

This type of action is one of the most common and often encountered in practice. Regulated, or rather, is classified by 105 and simultaneously 30 st. CC RF. Attempted murder is the deliberate infliction of death, which was committed, but not completed for reasons beyond the control of the actor.

Judicial practice proves that in most cases such a crime is found. Of course, the murder is completed more often, which is also demonstrated by statistics, but the incompleteness of this crime is not uncommon, and law enforcement agencies play a significant role in this, repeatedly preventing by their actions the killing of a person.

Objective signs

The assassination attempt has its necessary attributes. The object of this crime will also be the life of a person, regardless of whether the act is completed or not. In order to clearly delineate this issue, when qualifying by the Supreme Court, the article of the Criminal Code of the Russian Federation that fixes the sanction for the acts in question, that is, 105, as well as art. 30 of the Criminal Code.

As for the objective side, two important points are important here. First - the act must not be over. By this it is understood that the subject of the crime should not achieve the result to which he aspired, namely the death of a person. However, if the actions are committed, but other grave consequences occur instead of death, then a completely different qualification will be applied.

The second point is the circumstances. There must be reasons that do not depend on the subject and which led to the fact that the crime was unfinished. It can be anything, anything: interference of another person, unforeseen actions, changed conditions. The most important thing is that the one who commits crimes does not want to interrupt him.

Subjective features

The subject of any crime is the sane person, and the individual who has reached the age of criminal responsibility. In the case of murder, the lower age limit is established by law at fourteen, which is due to the fact that the deliberate infliction of death, as well as an attempt on it, is a particularly serious crime.

The subjective side is the person's mental attitude towards the deed, manifested in some form of guilt. Attempt is always committed intentionally, and this is necessarily a direct intention. The person directs his actions and wants negative consequences. The Criminal Code in Article 105 provides a clear definition of murder, which does not allow for another subjective side of this crime.

Attempted murder: the term of punishment

As stated above, the Supreme Court clearly explains how the qualification of the crime in question should be committed. It is understood that for the attempted murder of the Criminal Code of the Russian Federation, the term of punishment is determined depending on the sanction of Article 105. In addition, there is a rule also fixed by the Criminal Code of the Russian Federation that the measure should not exceed three-fourths of the maximum punishment.

Accordingly, if Article 105 of the Criminal Code of the Russian Federation implies punishment for an unskilled act up to fifteen years of imprisonment for a qualified up to twenty years, an attempted murder (the Criminal Code) implies a reduction in these terms by one-fourth.