How much will they give for killing a person? Articles, punishments, terms

The most cruel and terrible crimewhich is capable of a person, is considered murder. For such an act the Criminal Code (CC) RF provides for tougher punishment, up to life imprisonment. From the causes of the criminal act, severity and other circumstances, depends on how much they will give for the murder of a person to the defendant.

Qualification of murders

In accordance with the Criminal Code of the Russian Federation, the crimes are divided into several types, on which the term of imprisonment depends.

1. The usual murder. Punishment for this category is given in 1part 105 of the Criminal Code. A citizen who committed acts that caused the death of a person due to malicious intent, revenge, as a result of a fight, is sentenced by the court to a conclusion of 6 to 15 years.
2. Murder with aggravating circumstances. Qualifies as a particularly serious one. Considered Article 105 part 2 of the Criminal Code. The nature of the crime depends on how much they will give for killing a person. At best, the prisoner is considered to be deprived of his liberty for a period of 8 years. At worst, life imprisonment.
3. Privileged offenses. Such killings are committed in a state ofpsychological breakdown or unintentionally. They represent a lesser danger for society, therefore the sentences are more loyal - from 2 years of restriction of liberty (conditional sentence) to 5 years of imprisonment in accordance with Articles 106-109 of the Criminal Code of the Russian Federation.

The circumstances of the murder

In the final judgmentthe criminal court takes into account the motives of the crime and the circumstances. Some of them are softening, others, on the contrary, are aggravating. The decision depends on them, how much they will give for the murder of a person to the defendant.

1. The state of the murderer.
   Aggravating: alcoholic intoxication, malice, preliminary collusion.
   Softening: the state of affect, insanity, regret about the deed, awareness of guilt, readiness to suffer a just punishment.
2. The nature of the crime.
   Aggravating: deliberate, planned, spontaneous or group murder.
   Softening: accidental offense (by negligence), for protection, in the performance of duties or assistance in capturing the offender.
3. Interaction with the investigation.
   Mitigating: frank confession, help in clarifying circumstances and collecting evidence.
   Aggravating: resistance to detention, harm to government officials.
4. Age of the Defendant. Criminal liability is borne by persons who have reached the age of 14 at the time of the commission of the crime. For juveniles, the law provides for "indulgences" that limit the term of imprisonment.

105 Article of the Criminal Code. Part 2

Particularly serious crimes. How much do they charge for the deliberate killing of a person under aggravating circumstances? Depends on many factors: the way of committing a crime, public danger and even from the one who became a victim of the act. The term of imprisonment is from 8 years of imprisonment to life imprisonment.

Paragraphs of Article 105 of Part 2, the circumstances of the murder:

a) Death of several people.
b) The killing of a person who performs a civil duty or is in the line of duty.
c) Crime of a minor or kidnapping of a victim.
d) Death of a pregnant woman.
e) A particularly brutal murder.
f) The method of crime is considered dangerous for society.
g) Group action.
h) Selfish motives or murder for hire.
i) Hooligan motives.
j) With rape, abuse of the victim.
l) Motives that are associated with religious, racial, political conflicts.
m) To use the victim's body for personal gain (sell organs, tissue of the victim).

Article 106 of the Criminal Code

Murder of the newborn by the mother inthe state of mental disorder after or during childbirth, threatens a woman with a suspended sentence of 2 to 4 years or up to 5 years in prison. If the crime is committed intentionally, the case is examined according to the relevant articles, and the term of punishment increases.

Article 107 of the Criminal Code

A crime committed in a deranged state. This is the name of a strong and pronounced impulse of emotions, as a result of which a person loses the ability to think, to manage himself. Such a state is manifested by loud cries, incoherent and meaningless speech, sharp movements. Strong emotional experiences, bullying of a person, insults and other immoral acts can provoke an inadequate reaction.

How many years are given for killing a person in a stateaffect? If the defendant is recognized as an insane psycho-psychiatric examination, the term of punishment is limited to 3 years of restriction or imprisonment.

Article 108 of the Criminal Code

From the specific circumstances that entaileddeath, it depends how many years are given for killing a person. Excess of self-defense threatens the defendant to 2 years of a suspended sentence or imprisonment for the same period. If the necessary measures are taken with assistance in detaining the offender, the Criminal Code provides for punishment for up to 3 years of a suspended sentence or imprisonment.

Article 109 of the Criminal Code

Unintentional killing, which resulted in the death of the victim inresult of inattention and frivolity of the defendant. How much do they give for killing a person through carelessness? If the crime occurred as a result of improper performance of official duties, then it entails the punishment for up to 3 years - deprivation or restriction of freedom, removal from the post. In case of an error that entailed the death of a person, the defendant faces up to 2 years of a conditional or actual term.

Murder of several people

Usually a group crime is intentional. It can be spontaneous or planned, which has no role in the sentencing. Murder of several people is considered in part 2 of Article 105 of the Criminal Code of the Russian Federation and provides for severe punishment in the form of imprisonment of 8, and sometimes life imprisonment. From the motives of the crime depends on how much they will give for killing a person. If the murderer deprives several people of his life deliberately, he is convicted under item "a" of 105 articles, 2 parts of the Criminal Code.

In the case where the perpetrator kills oneperson, but his actions entail the death of people who are not involved in the case (poisoning, explosion, shots in a public place), the case is examined in accordance with clause "e" of art. 105, part 2 of the Criminal Code.

If murders are committed for sometime (serial crimes), then Article 17 of the Criminal Code enters into force. At the same time, the defendant is convicted of every criminal act, and the term of imprisonment is summarized by articles that provide for punishment for a specific murder.

Examples of punishment for murder

• How much do they give for killing a man with a knife? Depending on the circumstances of the commissioncrime depends on the length of the defendant's sentence. If the lawyer proves that such a measure was forced as self-defense, the case is examined under Article 108, and the punishment does not exceed 2 years in prison. However, the presence of cold weapons during the killing is an obvious sign of the planned crime, therefore, most likely, the term of imprisonment is determined in accordance with Article 105 of the Criminal Code.

• How much will they give for killing a person with a beating? Such a crime is considered byseveral articles, depending on the circumstances. If the beating involved further murder, the offender is convicted on several counts of part 2 of Article 105, depending on the purpose of the violence. If the beating caused the death of the victim through negligence, the entry into force of Article 111 of Part 4 of the Criminal Code, with a sentence of up to 15 years.

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