It is common knowledge that the Special Part of the RussianThe Criminal Code begins with Article 105 "Murder". In turn, is it considered a crime to be threatened with murder or causing serious harm to health? Yes, of course, but you need to be able to distinguish between a criminal offense and idle talk.
The object of the meaning of the 119th article of the Criminal Code - the right to live, as well as the right to health, they belong to every person, regardless of the circumstances.
The objective side is to detect intentrespectively, either to kill, or to inflict just severe, and not insignificant, harm to health. A decisive importance is attached to the method of committing a crime, it is even prescribed in the title of the article. In criminal law, the threat is the obvious intention to commit a worded action - deprivation of life or harm. It does not matter which method the criminal chose to formulate the threat. This can be an oral statement, a written message, a phone call and even a telegram. It is not even necessary to transfer the message directly to a potential victim, it is enough to transfer it to third parties who will have to report the fact of threat to the victim.
As a rule, the reasons that prompted the offenderor otherwise express an intention to harm, are not taken into account, and, ideally, the threat of murder or causing serious harm to health by the court should be considered outside of this context. Nevertheless, the reasons can be taken into account in the individualization of punishment, in the event that the victim himself has provoked a criminal offense by unlawful actions to violate the law.
It is impossible to attract a citizen to a criminalresponsibility for the analyzed article, if the expressed threat of murder or causing serious harm to health is unfounded and does not constitute a real danger. As a rule, the victim of a crime assesses the seriousness of the statement (or a written message), based on knowledge of the identity of the offender. Often the basis for unlawful actions is the relationship of two people, often they are based on mutual hostility. In addition, the reality of danger can be expressed in a manner in which words are expressed or a written message is written, or whether the offender has weapons or dangerous items.
Yet the USSR Armed Forces determined that a real threatit is necessary to consider such actions as would instantly give a citizen serious grounds for fearing the fulfillment of a sinister promise. The Supreme Court urged judges in criminal cases to pay attention to the peculiarities of the behavior of the attacker: often it is the characteristic of behavior that allows one to determine in advance the degree of reality of the expressed or otherwise expressed threat. The subjective attitude of the victim to receiving a message is of paramount importance, since the threat can be hidden or veiled and understandable only to its recipient.
Threat of murder or infliction of grievous harmhealth - a specific crime, therefore, it is necessary to evaluate the individual characteristics of the person who violates the criminal law. It is necessary to analyze the level of his aggression expressed in the event of conflicts, the influence of intoxication on behavior, the existence of a criminal record for violent crimes, as well as other circumstances relevant to the assessment of the offense.
The motives for the offender to be violated are very diverse. Their correct establishment and correct assessment contribute to the individualization of punishment.
The crime in question must be distinguished fromattempts at life and physical health of a person. The real threat of murder or causing serious harm to health can be expressed only in the communication about the potential danger; The assault is accompanied directly by actions aimed at the realization of the threat (or to preparation accordingly to murder or infliction of grievous (and not to a different degree) harm to health).
In practice, it is necessary to distinguishcrime, as the aforementioned threat of murder or causing serious harm to health (Article 119 of the Criminal Code), from a number of other offenses. So, you can force a person to take tissues for subsequent transplantation, extort, resort to violence at the trial stage or force a person to testify - all these are criminally punishable acts connected with an aggressive warning of danger. To achieve a criminal goal, the violator of the law applies a specific method - a threat.
When competition rules of criminal law should beDetermine what the nature of the crime in fact is common, and what - the special. According to the generally accepted rule, preference is always given to a special staff.
Threat of murder or infliction of grievous harmhealth is recognized as violence only theoretically, since there is no physical contact in fact. Nevertheless, many scholars and theoreticians of law emphasize the immorality of the act and advocate the recognition of the analyzed crime as a punishable form of mental violence.
It is interesting that any other threat can not beregarded as a violation of criminal law. So, the promise to cause minor harm to health, to break things, rob or rape is not a crime according to the meaning of the article analyzed, since it is strictly about the danger of serious harm or murder.