RUSSIAN CRIMINAL LAW

Aghayev I.B.
Russian Criminal law.
Textbook.
Leipzig: «Leipzig University Press», 2017.
875 pages. 76 quires.

Criminal law is an independent branch of Russian law governing public relations connected with commitment of criminal offenses, imposition of punishment and application of other penal measures, which establishes grounds for criminal liability or exemption from criminal liability and punishment. Moreover, Russian Criminal law shall be defined as a branch of science studying this legal branch, and also as an educational discipline, wherein legal norms and general theoretical provisions are studied.

The proposed book of Criminal law is a great contribution to Russian legal science, because it represents the first book on Russian Criminal law in the history of law sciences, written in English. The book comprises the clearly systematized statement of issues of the General and Special parts of Russian Criminal law. It is reviewed by famous Russian scientists in the field of Criminal law — Prof. Alexey Rarog and Prof. Vladimir Kommissarov.

The need for the publication of this book derives from the interests of educational process, and the purpose consists in highlighting the scientific and theoretical fundamentals of Russian Criminal law at the international level, in particular, it highlights a need to ascent the Russian criminal legislation and statements of well-known Russian and Soviet scientists, who has made great contributions to the development of Russian Criminal law, to global scale. In the preparation of the book a large number of scientific, legal and educational literature, Decrees of the Plenums of the Supreme and Constitutional Courts of the Russian Federation, laws of the Russian Federation and other normative regulations have been processed.

Russian Criminal law has a long history, whose study is necessary for understanding of its present state and for determining prospects of its further improvement.

The texts of treaties between Ancient Rus and Byzantium in 907, 911, 944 years are considered to be the first sources of Russian Criminal law. In that period, juridical customs were the basis for the written law. Over the said period, crimes were not considered to be dangerous to society in general, and they were regarded as infringement of personal interests, which was manifested in establishment of property compensation for the damage and in possibility for the application of punishments based on the talion principle (eye for eye).

Intensive reforming of Russian criminal legislation aims at its liberalization, provision of differential approach to criminal liability of the offenders who shall be distinguished by the nature and degree of their social danger, as well as at achieving greater compliance of the Russian penal norms with international legal standards.

The book is intended primarily for the specialists of Criminal law and for those studying this sphere. And it may be useful for a wide audience of lawyers, politicians, and all persons interested in the problems of the fight against crime. The proposed work represents a result of the author’s 21 years’ scientific and pedagogical activity in the field of criminal law.

The author hopes that this publication will be of wide interest in the world juridical science.

 

CONTENTS

PREFACE – 23

THE GENERAL PART

I TITLE
CONTENTS AND FORMS OF MANIFESTATION OF PENAL REGULATION

CHAPTER 1
SCIENTIFIC-THEORETICAL FUNDAMENTALS OF RUSSIAN CRIMINAL LAW –  33

§ 1. The concept of Criminal Law, its subject, method and system – 33
§ 2. Objectives and functions of Criminal Law – 38
§ 3. Criminal Law principles – 40

CHAPTER 2
CRIMINAL STATUTE –  47

§ 1. The concept and peculiarities of criminal statute – 47
§ 2. Criminal legislation of the Russian Federation and its structure –  51
§ 3. Limits of application of criminal statute –  55

CHAPTER 3
THE CONCEPT AND TYPES OF CRIME –  64

§ 1. Social nature of crime –  64
§ 2. Signs of crime –  67
§ 3. Classification of crimes –  70

II TITLE
CORPUS DELICTI

CHAPTER 4
THE CONCEPT AND TYPES OF CORPUS DELICTI –  75

§ 1. The general notion of corpus delicti –  75
§ 2. Signs of corpus delicti –  77
§ 3. Classification of corpus delicti –  81
§ 4. Corpus delicti as an exclusive ground for criminal liability – 85

CHAPTER 5
OBJECT OF CRIME –  91

§ 1. The concept of object of crime –  91
§ 2. Classification of objects of crimes –  93
§ 3. The subject-matter of crime and victim of crime –  97
§ 4. Significance of the object of crime – 101

CHAPTER 6
OBJECTIVE ASPECT OF CRIME –  104

§ 1. The concept of objective aspect of crime –  104
§ 2. Socially dangerous act – 107
§ 3. Socially dangerous consequences – 112
§ 4. Causation between socially dangerous act and socially dangerous consequences – 117
§ 5. Facultative signs of the objective aspect of crime – 121
§ 6. Significance of the objective aspect of crime –  126

CHAPTER 7
SUBJECTIVE ASPECT OF CRIME  – 129

§ 1. The concept and significance of subjective aspect of crime – 129
§ 2. The concept of guilt – 131
§ 3. Form of guilt – 136
§ 4. Intention and its types –  138
§ 5. Negligence and its types –  144
§ 6. Crimes committed with two forms of guilt – 149
§ 7. Guiltless infliction of harm – 151
§ 8. Motive and purpose of crime – 153
§ 9. Emotional state of the person committing a crime – 158
§ 10. Mistake and its types – 160

CHAPTER 8
CRIME COMMITTER –  167

§ 1. The concept of crime committer –  167
§ 2. Age criterion of crime committer – 169
§ 3. Sanity – 172
§ 4. Insanity –  174
§ 5. Partial insanity – 180
§ 6. Responsibility for a crime committed while intoxicated – 183
§ 7. Special committer of crime – 187
§ 8. Crime committer and criminal’s personality – 191

III TITLE
PRELIMINARY AND JOINT CRIMINAL ACTIVITIES

CHAPTER 9
STAGES OF COMMITTING A CRIME – 195

§ 1. Preparations for a crime – 196
§ 2. Attempted crime –  198
§ 3. Completed crime – 200
§ 4. Voluntary refusal from a crime – 202

CHAPTER 10
CRIMINAL COMPLICITY – 205

§ 1. The concept and signs of criminal complicity –  205
§ 2. Forms of criminal complicity – 207
§ 3. Types of accomplices of a crime – 211
§ 4. Responsibility of accomplices of a crime. Excess of performer – 216

IV TITLE
MULTIPLE CRIMES

CHAPTER 11
THE CONCEPT OF MULTIPLE CRIMES –  221

§ 1. The concept and types of unified crime as a component of multiple crimes – 221
§ 2. Social nature and juridical signs of multiple crimes –  226

CHAPTER 12
CUMULATIVE CRIMES – 230

§ 1. The concept and signs of cumulative crimes –  230
§ 2. Real cumulation –  233
§ 3. Ideal cumulation –  235
§ 4. Competition of penal norms – 237

CHAPTER 13
RECIDIVISM OF CRIMES – 242

§ 1. The concept and signs of recidivism of crimes – 242
§ 2. Types of recidivism of crimes -246

V TITLE
EXCULPATORY CIRCUMSTANCES

CHAPTER 14
EXCULPATORY CIRCUMSTANCES -251

§ 1. Justifiable defence -252
§ 2. Infliction of bodily injury while detaining a perpetrator – 256
§ 3. Urgency – 260
§ 4. Physical or mental coercion – 262
§ 5. Justifiable risk – 263
§ 6. Execution of an order or command – 265

VI TITLE
PUNISHMENT AND ITS IMPOSITION

CHAPTER 15
THE CONCEPT AND SYSTEM OF PUNISHMENTS – 269

§ 1. Social nature and purposes of punishment – 269
§ 2. The concept of the system of punishments – 275
§ 3. Basic punishments – 279
§ 4. Supplementary punishments – 296
§ 5. Dual-action punishments – 298
§ 6. The death penalty – 306

CHAPTER 16
CONDITIONAL PUNISHMENT – 308

CHAPTER 17
IMPOSITION OF PUNISHMENT – 315

§ 1. General principles for imposing punishment – 315
§ 2. Mitigating and aggravating circumstances. Change of punishment by mitigation – 315
§ 3. Imposition of punishment for preliminary and joint criminal activities, and in other specific cases – 321
§ 4. Imposition of punishment for multiple crimes – 329

VII TITLE
EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT

CHAPTER 18
EXEMPTION FROM CRIMINAL LIABILITY – 341

§ 1. Legal grounds and procedure for exemption from criminal liability – 341
§ 2. Exemption from criminal liability in case of active repentance – 343
§ 3. Exemption from criminal liability due to reconciliation – 346
§ 4. Exemption from criminal liability concerning crimes in the sphere of economic activities – 348
§ 5. Exemption from criminal liability as a result of expiration of limitation period – 350

CHAPTER 19
EXEMPTION FROM PUNISHMENT – 352

§ 1. The concept and grounds for exemption from punishment – 352
§ 2. Exemption from punishment on parole and commutation of the remaining part of a punishment – 356
§ 3. Exemption from punishment due to changes in the situation – 360
§ 4. Exemption from punishment on medical grounds – 362
§ 5. Deferral of serving a punishment – 366
§ 6. Exemption from punishment due to expiry of limitation periods for enforcement of judgment –  371

CHAPTER 20
AMNESTY AND PARDON – 373

§ 1. Amnesty – 374
§ 2. Pardon – 376

CHAPTER 21
CONVICTION – 381

VIII TITLE
CRIMINAL LIABILITY OF JUVENILES

CHAPTER 22
PECULIARITIES OF CRIMINAL LIABILITY AND PUNISHMENT OF JUVENILES – 387

§ 1. Grounds of criminal liability of juveniles – 387
§ 2. Punishments imposed to juveniles – 389
§ 3. Exemption of juveniles from criminal liability and punishment – 392

IX TITLE
OTHER MEASURES OF PENAL NATURE

CHAPTER 23
MEASURES OF MEDICAL ENFORCEMENT – 397

§ 1. Grounds for application and classification of measures of medical enforcement – 397
§ 2. Application features of measures of medical enforcement – 402

CHAPTER 24
CONFISCATION OF PROPERTY –  406

THE SPECIAL PART

X TITLE
THE CONCEPT AND SIGNIFICANCE OF THE SPECIAL PART OF RUSSIAN CRIMINAL LAW

CHAPTER 25
CHARACTERISTICS OF THE SPECIAL PART OF RUSSIAN CRIMINAL LAW – 413

§ 1. The concept and subject of the Special part of Criminal Law – 413
§ 2. System of the Special part of Russian Criminal Law – 415

CHAPTER 26
FUNDAMENTALS OF CRIME QUALIFICATION – 418

§ 1. The concept of qualification of crimes – 418
§ 2. Application of corpus delicti while qualifying crimes – 424

XI TITLE
CRIMES AGAINST THE PERSON

CHAPTER 27
CRIMES AGAINST HUMAN LIFE AND HEALTH –  437

§ 1. The concept and types of crimes against human life and health -437
§ 2. Сrimes against human life – 439
§ 3. Сrimes against human health – 452
§ 4. Crimes endangering human life and health – 457

CHAPTER 28
CRIMES AGAINST HUMAN FREEDOM, HONOR AND DIGNITY – 464

§ 1. Crimes against personal freedom – 464
§ 2. Encroachment on human honor and dignity –  475

CHAPTER 29
CRIMES AGAINST SEXUAL INTEGRITY AND SEXUAL FREEDOM –  478

§ 1. The concept and types of crimes against sexual integrity and sexual freedom –  478
§ 2. Encroachments on sexual integrity and sexual freedom of adults – 479
§ 3. Crimes against moral and physical health of minors and juveniles, their sexual integrity and sexual freedom – 483

CHAPTER 30
CRIMES AGAINST CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS OF CITIZENS – 486

§ 1. General characteristics of crimes against constitutional human rights and freedoms of citizens – 486
§ 2. Crimes against political rights and freedoms – 488
§ 3. Encroachments on socio-economic rights and freedoms – 496
§ 4. Crimes against personal rights and freedoms – 501

CHAPTER 31
CRIMES AGAINST THE INTERESTS OF FAMILY AND JUVENILES – 508

§ 1. The concept of crimes against the interests of family and juveniles – 508
§ 2. Crimes contributing to antisocial activities of juveniles – 510
§ 3. Crimes connected with causing harm to juveniles or interests of family as a whole – 515

XII TITLE
ECONOMIC CRIMES

CHAPTER 32
CRIMES AGAINST OWNERSHIP – 523

§ 1. General characteristics of crimes against ownership – 523
§ 2. Stealing of other people’s property – 525
§ 3. Mercenary crimes unrelated to stealing of property – 536
§ 4. Crimes related to destruction or damage of other people’s property – 539

CHAPTER 33
CRIMES AGAINST ECONOMIC ACTIVITIES – 542

§ 1. The concept and types of crimes against economic activities – 542
§ 2. Infringement of the established order for implementation of business activity – 545
§ 3. Crimes against the financial interests of the State and other subjects of economic activities – 565
§ 4. Crimes against the interests of creditors –  587
§ 5. Crimes encroaching on the established order for foreign economic activity – 593
§ 6. Infringement of the established procedure for turnover of currency valuables –  598
§ 7. Encroachments on material and other benefits of consumers –  604

CHAPTER 34
CRIMES AGAINST THE SERVICE INTERESTS IN COMMERCIAL AND OTHER ORGANIZATIONS – 614

§ 1. General characteristics of crimes against the service interests in commercial and other organizations – 614
§ 2. Crimes committed by persons performing administrative functions in commercial and other organizations – 615
§ 3. Crimes against the service interests of particular activities – 619

XIII TITLE
CRIMES AGAINST PUBLIC SECURITY AND HEALTH OF POPULATION

CHAPTER 35
CRIMES AGAINST PUBLIC SECURITY –  623

§ 1. General characteristics and types of crimes against public security – 623
§ 2. Crimes against the general security – 626
§ 3. Encroachments on public order – 646
§ 4. Infringement of special safety rules – 649
§ 5. Crimes connected with violation of the rules for handling generally dangerous objects –  659

CHAPTER 36
CRIMES AGAINST PUBLIC HEALTH AND MORALS – 671

§ 1. General characteristics of crimes against public health and morals – 671
§ 2. Crimes against public health attended by illicit traffic of narcotic drugs, psychotropic, virulent and poisonous substances –  674
§ 3. Other types of encroachments on public health – 689
§ 4. Crimes against morals – 696

CHAPTER 37
ECOLOGICAL CRIMES – 709

§ 1. Characteristics of ecological crimes – 709
§ 2. Ecological crimes of general nature – 711
§ 3. Crimes encroaching on the main environmental objects – 716
§ 4. Infringement of fauna and flora – 722

CHAPTER 38
TRANSPORT CRIMES –  732

§ 1. The concept and general characteristics of transport crimes – 732
§ 2. Crimes directly related to the violation of safety rules and operation of transport – 734
§ 3. Other crimes in the sphere of functioning transport – 739

CHAPTER 39
COMPUTER CRIMES – 745

§ 1. The concept of computer crimes –  745
§ 2. Characteristics of specific crimes in the sphere of computer information –  748

XIV TITLE
CRIMES AGAINST STATE POWER

CHAPTER 40
CRIMES AGAINST NATIONAL SECURITY OF THE RUSSIAN FEDERATION –  753

§ 1. The concept of crimes against national security of the Russian Federation –  753
§ 2. Infringement of external security –  755
§ 3. Crimes encroaching on fundamentals of political system of the Russian Federation –  758
§ 4. Encroachments on economic security and defensive capacity of the Russian Federation –  762
§ 5. Infringement of public relationships providing prevention of extremist activities – 766

CHAPTER 41
CRIMES AGAINST STATE SERVICE –  771

§ 1. The concept and general characteristics of crimes against State service –  771
§ 2. Сrimes related to the abuse or excess of official authority and other allied corpora delicti –  774
§ 3. Crimes of bribery –  787

CHAPTER 42
CRIMES AGAINST JUSTICE –  794

§ 1. The concept and types of crimes against justice – 794
§ 2. Encroachment on the life, health and dignity of the persons administering justice, and employees of preliminary investigation – 796
§ 3. Infringement of the constitutional rights of citizens by law-enforcement officials – 800
§ 4. Crimes preventing the execution of duties for the implementation of justice by law-enforcement officials – 807
§ 5. Crimes encroaching on relationship on the implementation of judicial acts – 816

CHAPTER 43
CRIMES AGAINST THE PROCEDURE OF GOVERNANCE –  822

§ 1. General characteristics of crimes against the procedure of governance –  822
§ 2. Crimes encroaching on the authority of government and inviolability of the State Border of the Russian Federation – 824
§ 3. Infringement of the normal activities of governmental bodies and local authorities – 829
§ 4. Crimes against the established procedure for official documentation – 836

XV TITLE
CRIMES AGAINST MILITARY SERVICE

CHAPTER 44
CRIMES AGAINST MILITARY SERVICE – 843

§ 1. The concept and types of crimes against military service – 843
§ 2. Crimes against subordination order and statutory relationship – 846
§ 3. Infringement of the order for residence in military service – 850
§ 4. Crimes related to the violation of regulations for conducting special services and duties – 852
§ 5. Infringement of the order for using and caretaking of military property –  856
§ 6. Crimes related to the violation of rules for operating military-technical equipment – 858

XVI TITLE
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER 45
CRIMES AGAINST PEACE AND HUMANITY –  861

§ 1. General characteristics of crimes against peace and humanity –  861
§ 2. Crimes encroaching on peace and peaceful co-existence of States –  863
§ 3. Сrimes encroaching on human security –  867
§ 4. War crimes –  870