Article 318 of the Criminal Code: verdict, commentary

In Russia, violence is considered criminalcrime. And for him a certain punishment is supposed. Which one? It is difficult to foresee, because many factors play a role. When it comes to the violence that was committed against the authorities, you can refer to Article 318 of the Criminal Code. It is here that possible punishments for the committed offense are indicated. Why prepare under any circumstances? The Criminal Code of the Russian Federation will tell us about this.

Fine

So, the first measure is none other thanpecuniary penalties. Or, as they are properly called, fines. For the use of violence against certain authorities, according to Art. 318 of the Criminal Code of the Russian Federation, the criminal will face a cash payment. True, this rule is effective only when the victim fulfilled his duties. And, of course, do not forget that the violence applied to the family of a representative of power is also punished in the same way. It is important to note that only threats are taking place. Or simply life-threatening violence.

How much do you have to pay? The amount is set in the course of the judicial debate, but it does not exceed 200,000 rubles. Or, as the article under number 318 of the Criminal Code of the Russian Federation says, it is possible to recover the income from the defendant for a certain period of time. It should not be more than 18 months (or 1.5 years).

To work

Another form of criminal responsibility isassignment of public works. Honestly, for violence they are very often pronounced as a verdict for criminals. This is not such a serious measure, but it does take place.

Article 318 of the Criminal Code of the Russian Federation indicates that thispunishment can be applied to an offender who has committed unsafe violence (or threatened them) to representatives of the authorities, as well as to their relatives and families. That is, instead of cash payments you can be assigned certain work for one or another period.

In this situation, according tothe data of Article 318 of the Criminal Code of the Russian Federation, the so-called forced labor. A specific period will be established by the court on an individual basis. But there are some limitations in this sentence. The thing is that the maximum duration of forced labor can not exceed 5 years. Although most often the maximum is given for violence against the authorities. With a rare exception.

The arrests

Article 318 of the Criminal Code also states thatnon-dangerous violence or for the immediate threat of its use, different penalties for criminals are to be relied upon. Fines and public works are, of course, not the only options that can be met. And not everyone is afraid of them.

Where a more serious option is the impositionarrest. This is more associated with criminal liability. Thus, Article 318 of the Criminal Code provides for the arrest of a criminal for violence and his threat towards a representative of the authorities, as well as with respect to his relatives and family.

The duration of this measure is not too large. The exact period, again, will be established by the court after examining all the circumstances of the case. But if you rely on the data written in the Criminal Code of the Russian Federation, the maximum that shines to the offender is six months of arrest. Not the most serious punishment, given that most often criminals are ready for this measure.

Behind the bars

Well, there are also more habitual variants of criminalresponsibility. It's not a secret for anyone that most often criminality is associated with a prison. And violence against a representative of the authorities, as well as his family, which is not dangerous for health and life (the threat of this is also taken into account), according to the text of Article 318 of the Criminal Code, may be punished with imprisonment.

It is this point that makes one think abouthow to break the law. Nevertheless, the deprivation of liberty provided for the committed act in the form of violence or threats of its use is not too great. The maximum that is put to the perpetrator is 5 years. But the exact verdict is made only after careful consideration of the case. In practice, the maximum duration is rarely prescribed for non-threatening violence or for threats of its use. Most often, criminals are punished with a ruble. But imprisonment also takes place.

Danger close

And what about if, with respect to families / loved ones orthe direct representatives of the authorities used violence, but dangerous for the life and health of citizens? In this case, as it is not difficult to guess, the punishment will be really serious.

Article 318 of the Criminal Code of the Russian Federation indicates that there is aonly one measure applied to criminals in this case. And there is no more arrest, no cash payments in the form of fines or compensation for moral harm, or public works. Only imprisonment.

So, if there was a violence characterized byas dangerous to the health and life of the victims, then the verdict (318 of the Criminal Code will help in issuing it) is expressed only by imprisonment. For what period? Maximum of 120 months (10 years). Such measures are stipulated by the modern Russian legislation. The other is not given. The sentence can be made in a softer or more severe form - everything depends on the presence of mitigating or aggravating circumstances.

Comments

It is worth paying attention to the fact that to Article 318The Criminal Code of the Russian Federation is attached. He helps to fully understand who is a representative of power, what he is endowed with, and also discloses the nature of the crime. After all, in the absence of this there will be no violation.

Representatives of government are officials. They have certain administrative powers, as well as subordinates. It does not matter which power is involved. All representatives may be victims (for example, employees of the Ministry of Internal Affairs or local self-government bodies). Families of these citizens are also able to act as victims.

Art. 318 of the Criminal Code provides for punishment for the use of violence against dignitaries only when the act was committed in the course of legal actions by the victim, while performing official duties. And the objective side of the crime is characterized by the use of violence in any of its manifestations. It does not matter whether it is physical or psychological. The subjective side implies a direct intention. That is, the perpetrator is fully aware of what he is doing. Moreover, he wants to use violence against the victim for some or other purposes, and also foresees the consequences. More precisely, they understand their offensive.