The use of violence against a government representative in the Criminal Code of the Russian Federation

In the Criminal Code there is an article "The use of violence against a representative of authority." Normally, the punishment for encroachment on management activities was established. As an additional object of crime is the health of a person. Let us consider this act in detail.

The victims

Representatives of the authorities and their relatives act as them. Under the first one should be understood the officials of the controlling or law enforcement agency. Victims are also referred to as subjects with administrative powers over citizens who are not dependent on them. According to Art. 318 of the Criminal Code punish the use of violence against a representative of the government, performing its functions either permanently or temporarily, or on special assignment. In the latter case, illegal actions are directed at public workers (vigilantes, transport inspectors, inspectors, etc.). The norm in question is the protection of any type of service, including security and law and order. When qualifying a crime, the main task is to establish the legality of the powers of the victim.

The objective part

The use of violence against a representative of the authorities may be mental or physical. The latter may or may not be life-threatening. Psychic influence is considered the threat of violence against a representative of the authorities. It can be addressed both directly to the official and his relatives. The threat may be uncertain or specific. The intensity of its expression is fully covered by Article 318 in part one. Investigation of the use of violence against a representative of power is carried out without the overall qualification under Art. 119. The victim must have real grounds to believe that the offender can move from mental pressure to real action.

Physical impact

Signs of the use of violence against a representative of the authorities are examined in part two of Art. 318. It deals with actions that do not represent a danger to the life of the victim. They can be the restriction of the freedom of a citizen (tying, locking), beatings, causing pain, bodily harm, in which the duration of the disorder of health does not exceed 6 days. The use of violence against a representative of authority that is not dangerous for life should be within the framework of art. 116. At the same time, this norm is fully covered by Art. 318.

Physical actions that are life-threatening

The use of violence against a representative of the government or his relatives, which creates a risk to the health of the victims, involves causing harm of varying severity. The danger to life will be recognized even if immediate physical actions do not damage the condition of the victim. In this case, it is necessary to establish the existence of a threat to life at the time of the use of physical violence.

Nuance

Art. 318 "Use of violence against a representative of the authorities" and 111, 115, 112 form a competition. In accordance with the rule developed by the judicial practice, additional qualification for the totality of crimes is necessary only for special types of encroachment. In particular, we are talking about Parts 3 and 4 of Art. 111. They establish a penalty for causing serious harm to a group of persons, a group of persons by prior conspiracy or an organized group, against two or more persons, repeatedly or by a person who has previously committed murder.

The subjective part

The crime in question is committed in the presence of a direct intent. The motive is the obligatory element of the subjective part. It must be connected with the implementation of the duties of the representative of power. The motive may be different. For example, a crime is committed to stop or change the performance by an official of his duties, to force him to take any action, to obstruct future activity or revenge for the previous one. An attacker can be driven by anger towards a citizen because of his belonging to a certain category of employees.

An Important Moment

The use of violence, even if it occurred while carrying out the duties of the victim, but not related to his activities, forms an encroachment on the person and is not qualified under art. 318. This can be, for example, a physical effect of jealousy, domesticity, personal dislike, and so on. In such cases there is no infringement of the order of management. The subject of the crime is a sane 16-year-old citizen.

The use of violence against a representative of authority: the term

The perpetrator of the crime in question is threatened with:

1. Forced labor. Their duration can be up to 5 years.
2. Arrest to six months.
3. Up to 5 years in prison.

The first part of Article 318 provides for a fine of up to 200 thousand rubles. Or recovery in the amount of income / salary for a period of up to one and a half years. For the use of violence that carries a risk to life / health, the Criminal Code provides for up to 10 years in prison.

Competing compounds

Art. 318 and 296 are treated as special norms. The difference between these crimes is in the category of the victim and the characteristics of the object. According to Art. Violation is committed against public relations existing in the field of justice. The object of the act under Art. 318 is the scope of management. Victims of the crime are representatives of the authorities. Art. 296 as victims refers to persons participating in justice. Some citizens may be victims simultaneously under these two articles. At the same time, illegal actions aimed at prosecutors and related to the implementation of preliminary measures, consideration of materials / cases in court, execution of decisions / sentences, are qualified under art. 296. Violence against persons carrying out other managerial activities falls under Art. 318.

Art. 317

Under this article, the responsibility for encroachment on the lives of law enforcement officers is coming. The distinction between Art. 317 and 318 should be carried out:

1. On an additional object. According to Art. 317 they are the life of the victim, according to Article 318-health of the individual.
2. List of victims. According to Art. 317 victims are a law enforcement employee or a serviceman, according to art. 318 - representative of authority. According to the latest norm, the list of victims is much wider.
3. The nature of the functions performed. According to Art. 317 guarded work aimed at protecting order and ensuring security, under art. 318 - any legal activities within the service.
4. Signs of the objective part. In Art. 317 they include murder or attempt on it. According to Art. 318 criteria are the use of physical impact or the threat of its use.

Conclusion

The use of violence against officials with public powers in connection with the implementation of their direct functions acts as the main or qualifying sign of a number of other formulations. For example, it is present in art. 212, which establishes a punishment for riots with armed resistance. This sign is also in art. 213. It provides for responsibility for hooliganism, accompanied by resistance to representatives of power. These norms relate to the article in question as part and whole. In their competition, Art. 318. Violence against members of the government is a significant danger to society. First of all, it encroaches on the normal course of implementation by officials of their functions. This, in turn, discredits the public authority as a whole.