Golovna - shkirnі zvoryuvannya
Criminal code of article 105, part 1. Item "a", part 2 of article 105 of the Russian Federation When trying to beat a law enforcement officer

Driving in is not the illegitimacy of the humiliation of the people and the life of the big dweller. Contrary to the work of the Pole in the fact that he inflicted the work without stealing for himself, not taking part in the vіyskovy conflict at the singing moment of the hour. Statute for the entry of 105 of the RF CC RF transmission

Wickedness and patience can only be people. It’s a fatal result that every hour I’ll attack a living thing (a dog), see it as a nation, so it’s good enough to get it right, because it’s getting a deadly school going through the insecurity.

Termin for zapodyannya shkodi, which caused death

Vbivstvo is a grave malignancy, straying against health, the life of a people. This legislation has been transferred to the suvor of the world of vidpovіdalnostі for a little work.

Article 105 of the RF CC RF transferring foreign terms for driving people. The rate is broken into pieces of parts:

  • Zlochin without tight fittings - the accused may have been assigned 6-15 times to go to war in the colony of the suvorogo regime, one correct setting.
  • Until early, transferring to the strength of an obvious individual. The term is 8-20 years old before the war, and the will is free.

Diyannya, due to tight fittings transferring to the world of visibility. The warehouse is qualified for the following signs:

  • driving in two hulks and more people;
  • the implication of a special zeal in a way that is not safe (by an attack from the stagnation of chemistry and battle);
  • the relief of people and life is tied up with rozbom, zdirstvo, banditry;
  • zlochin skoєno for religious, national and other motives.

In the seemingly significant surroundings, there is a singular regularity: the penitentiary system in them creates a threat, so the individuals who are accused of such malignancies will recognize the meaning of the term.

Skіls are given for driving in, storing out of the surroundings, the manifestation of tight-fitting factors. The main statute for the loss of death is Art. 105. Part 1 to take revenge on the witness for the simple days up to 15 years. Part 2 of the RF Criminal Code of the Russian Federation, the transmission of additional signs, which will block the boarding ship with 20 rocks from the ship.

The main types of evil deeds

The Criminal Code of the Russian Federation is based on the name of the variety. It is always due to the observability of the tight-fitting, or the appearance of the visibility.

The critical right of the classification of zlochin for such signs:

  • It is simple to drive in a pole from the life of a huge citizen. Lyudin guine from the evil deed of an ever-present person. The characteristic of this zlochin is avenged part 1 of Art. 105.
  • Qualified work - part 2 of Art. 105. The "enslavement" of a group of individuals in the process of one epizode: a child, a vagina woman, a seriously ill and a great man, who cannot be stolen or fix an opir.
  • Mild malice from the overwhelming zhorstokistyu, one hundred percent of the planting individual, whoever sowed them on the decision to accept them, or to take care of them.
  • Navmisne abo zamovne vvivnie people kіlkom hulkamyami or one person.

Zapod_yannya lethal shkodi through neobachn_st (article 109 of the Crimean Code of the Russian Federation). There was no navmisnogo hammering, ale lyudina learned, scho hitting in the area of ​​vital organs.

The legislator has transferred more types of qualified grain:

  • The keeping of the death of the mother of the newly born (Article 106) until the month. Zlochin qualifies for the article, as it was when the floor of the woman was transferred to the adjusted psychological, physical camp. As soon as the thought of this child comes down to it, the psyche may not be vitrimatized.
  • Dіyannya, vchinenya in the country of an affection, with a strong deterioration through persistent znushchennya, the vice of a psychotic or physiological character.
  • Revisiting self-defense. Murdered by zagrozhuvaya health, the life of the accused, punishing a swing (v. 108).

Drive-in is an especially heavy evil deed. The critical assumption of a new fault is serious. It is necessary to determine the behavior, the specialness of the victim for the folding of the general characteristics of the pod.

Ship practice: put on

With the release of the will, the organ can be recognized and the freedom in lines up to 2 rocky at once. In court practice it is necessary to learn to do it ridko.

Apply a criminal punishment (article for driving 105 part 1):

  • We turn to beat his squad and little child. If it’s when it’s coming back, after an hour of confrontation, it’s got to give the batkov a kick in a hostess subject. Psychologists have seen that the perpetually haunted life has taken hold on the psyche of the child, that it has become a pompous setting for the court. Until early - 6 years of the colony.
  • He was convicted of a grave malignant deed, having smittenously driven a relative, with yaky buv spir schodo spadshchina. We would like to plant it for 15 years.
  • Before the hour of accusations, you get over it, you can fix it. After hijacking a huge man, they were sentenced for driving in their business partner - 10 years of connection before the war and 24 months of intercourse (on the way).

Another part of Art. 105 of the RF Criminal Code of the Russian Federation the transmission of large zhorstki miri punctually, as soon as an hour later, additional tight signs have been installed.

At the request of the procurator's office official, the police, the villain has not been prompted, most often the court recognizes the maximum punishment - predominantly getting involved in the case. Article 105 and comments to her to provide all necessary information, as in addition to the qualification of information.

1. Bezposredniy ob'єkt vivivstva - the life of a people, as it is known from the criminal and legal protection at the moment of the ear of physiological conditions and until the biological death (Order of the Ministry of Health of Ukraine from the 4th birch of the year 2003 N 73 deaths of people, reanimation visits ").

2. Vvivstvo can be defeated in the form of yak, as well as inactivity. Diya can turn in psychic abnormal physical violence. Driving a psychotic into the flow matime misce, if winnie, know about the sickly patient's body, vicarist psycho-traumatic factors (contaminated, rely on і ін.).

3. The understanding of vbivstva is fixed in part 1 of the comments of the statute. Z ny viplivє, who the legislator will tieє vbivanie deprived with a clever form of blame. Nevozdiannya zapod_yannya death qualify for st. 109 QC.

4. The critical law of viewing three types of insertions:

  • 1) so called is simpler (part 1 of article 105);
  • 2) qualified persons (part 2 of article 105);
  • 3) privileged (Art. Art. 106 - 108 CC).

5. For h. 1 tbsp. 105 qualify, for example, driving in the welfare of the fight for the daytime of the Huligan sponukans, for the jealousy, for the motives of awe (behind the vignette of quiet visions, like pulling the visibility "for" P. "Part 2 of Art. 105), fornication, witchcraft, hatred, which have been found on the ground of special wickedness. Euthanasia qualifies for h. 1 comments in the statistics.

6. Driving in two or more of them (clause "A", part 2 of article 105). Subject to the position of Part 1 of Art. 17 KK vbivstvo two or more individual, not in one hour, or in the middle of the hour, do not approve of the problem and the quality of the item "A" part 2 of Art. 105; 105 for umov, nі for one of such imprisonments earlier, no convictions (clause 5 of the Plenum of the Supreme Court of the Russian Federation from 27 June 1999 r N 1 "On the practice of the courts on the right of imprisonment (Art. 105 CC RF)").

If, when we are thinking about driving two special people, the life has gone only one, then there is no qualification for hours. Part 1 or 2 tbsp. 105 і for part 3 of Art. 30 і item "A" part 2 of Art. 105.

7. The driving of an individual, either of those close to them, is a thunderous person, who is good for his service, or to the visitor of a community service (p. "B" Part 2, Art. 105). obovyazok, or your loved ones.

When the service is working, it’s okay for some individuals to come in to the number of their obligations, according to the labor agreement (contract) with the state, municipal, private and registered authorities in accordance with the established procedure. do not overstep the decorous legislation.

Victimization of a community’s obligation - a community member who has been specially liable to new obligations in the interests of the administration, or legitimate interests of such people, as well as the assignment of those who are suspiciously brown. Zdijsnennya specially liable for the huge lodgers є participation in the robotic volunteer national squad, operational corrals to control law and order, etc.

..... The incrimination of the suspiciously brown ones can be rotated in the suspiciously right-handed persons, due to the authorities of the authorities about the incursions of the malignancies, for the malignancies, for the misdemeanor of the individual who was smashed at the loss of the suspicious ones, for the others

Before those close to the injured person, the order of close relatives can be set up by other individuals, who will stay with him in their native stosunas, power (relatives of the person), as well as individuals, life, health and well-being, which are likely to be endured for a particular wine road.

Meta vbivstva - overshoot the legal activity of the victim; motive - to avenge the legitimate activity.

8. The embedding of a small individual, a yak, is a prerequisite for wine handling in a non-stop mill (item "B", part 2 of article 105), and women, a woman, a yak, which is likely for wine handling at a wine mill (item "G", part 2 Article 105). The quality of the points can only be obtained in the presence of special tastes in the patient (malolity, irresponsible camp, vaginosti) and the knowledge of wine process.

As the driving of an individual, it is suitable for wine drinking in a feverless country, then the death of a victim, not given due to the physical or mental state of mind, to seize oneself, give an active support to the wine, Until some people who are in a feverless camp, there may be wake-ups, wintry days, grave illnesses and old people, individuals who suffer from mental health problems, amuse their buildings correctly to take off. The Supreme Court of the Russian Federation does not bring to the risk of sleepers and individuals, as they are overbearing in the country of alcoholic sp'yaninnya.

9. Vbivstvo, perpetrated against the wickedness of people (clause "B", part 2 of article 105), rogue, zdirstvo or banditry (clause "Z", part 2 of article 105), abusers of rapists of a sexual nature (cl. "before" Part 2 of Art. 105). Conjugation of the meaning means that the meaning of the action can overwhelm the beatings, or get away with it for an hour, or the beatings of the next step ahead of such acts. In the first two vipadkas, the life is lost in a way, which will lie down in the name of the name. In the rest of the fall, vbivstvo vidbuvaєatsya from the place of mind, for the sake of prikhovati skoєni evil.

Suffering from being re-insured and the victim of being beaten may not get lost (for example, the life of a person who has become overwhelmed by a vicious person can be amused).

Subject to Part 1 of Art. 17 CC of the winners, who were responsible for the incursion, because of the victims of the people, the victories etc. 105 and additional qualifications for art. Art. 126, 131, 132, 162 KK do not demand (the position of the Plenum of the Supreme Court of the Russian Federation is directly counterintuitive).

10. Vvivstvo, incriminate not with a special zhorstok_styu (clause "D" part 2, article 105). Understanding a special zhorstokosty is called both by the way of driving, and by the same circumstances. Particularly hard є in manifestation, dawn, in the fall, since before the loss of life, or in the process of invoking the victim, the tortillas were stuck to the the infliction of a great number of small ears, victoriously boldly cut off; a bedroom with live bait; trivially relieved of it, driving, etc.). You can turn around in the presence of those close to the victim, if the wine has learned, by his own actions, the individual citizens.

Outside the corpse itself, by itself, it cannot be roztsinuvatisya as furnishings, but to indicate about the incitement of the beating with a special horror. Surely in such vipadas, there are no tributes about the display of a special zhorstokosti by the winemakers before the loss of the injured life, or in the process of driving in, after the qualifications for a certain part of Art. 105 і under Art. 244 KK, how the transmission of visibility beyond the outside above the walls died.

11. Vvivstvo, incriminated not in a gallon-unsafe way (clause "E", part 2 of Art. 105), transferring such a way of intelligently conceiving death, which is probably not safe for wine, for a life that is not just a patient vibuhu, pidpalu, vyrobnitstva built at the people of buying people, cutting off water and іzhі, such as some people who are patient). Yakshcho as a result of the generally dangerous method of driving in wine, the death came not of the singular individual, but of the first, rather than the qualifiers, except for the item "E", part 2 of Art. 105, according to clause "A", part 2 of Art. 105, and in case of keeping the Shkodi people healthy - for paragraph "E" of Part 2 of Art. 105 and according to the articles of the QC, which will transfer the status of the mind to the health of Shkodi (if it was devalued, or if it was a matter of fact, for part 2 of Art. 167 QC).

12. Vvivstvo s motives of blood feud (clause "E.1", part 2 of article 105). Blood is pomsta - call, like the soul of the deyak nationalities. Apparently, before the new, he himself suffered, or a relative of the man who was scorned in a heavy manner, on the outside, by hammering, etc. goiter'yazyititsya krivdnikovі.

Mіscem skoєnnya tsyogo zlochin vistupaє be-yaka geographic point on the territory of Russia. Suffer from all evil, you can be a community of people, including those who are not representatives of the singing ethnos.

13. Vbivstvo, not imposed by a group of individuals, by a group of individuals behind the front serpent, or an organized group (clause "F", part 2 of article 105). In the desire to be invoked by a group of individuals, if two individuals or more, willingly mentally, we will direct to the invocation, took a part in the process of relieving the life of the patient, stagnant death, dermal from them (for example, one strangling the victim's opir, relieving his ability to seize, and the one realizing his deadly ear). In the process of meeting with one special action, directing on the mind of the presumed death, before another person came to me.

In front of me, I’m going to drive in the transmission, I’m twisted in either form, homeliness is two or more people, because it’s turned up to the cob, without the middle, straight on to relieve the life of the patient. With a whole order of spyvikonavtsy evil, the members of the evil group can act in the role of organizers, pidburyuvich and accomplices in the fight, and they are looking for a part of the article. 33 і item "Ж" Part 2 of Art. 105.

With the introduction of a thoroughly organized group of all the participants, all of the participants are indifferently from their roles in the case of other people who are qualified as co-executors without a request to the station. 33 QC.

14. Vvivstvo s korislivikh motives for hiring (paragraph "З", part 2 of article 105). Prior to this, vivation is made, without the notice of rejecting material vigod for wine or other individuals (pennies, mayna, or rights to this denial, rights to living, etc.) Maynovy goiters'yazan, splat alimentіv and іn.).

Yak vbyvstvo for hiring to establish qualifications for vbaivstvo, in the knowledge of the viconavts' possessions of the evil of material chi іnshoi vinagorodi. Individuals who organized a drive for a wine city, but they were in trouble until the end of the day, if they were complicit in the drive for such a drive, carry the evidence for a certain part of Art. 33 і item "З", part 2 of Art. 105.

15. Driving out of the Huligan sponukans (clause "I", part 2, article 105). Let him be confused, not on the ground, clearly unsuccessful to the point of being unacceptable to the standards of morality, if the behavior of the wine is seen by the viclik to the enormous order and reasoned by the bosses to protect themselves from the most insignificant deaths, demonstrate yak primed for driving.

As well as the initiator of welding, because of the beating of patience, and so in times, if the drive before the conflict was the wrong behavior, Winnie cannot bear the blame for hammering in the hooligan sponkans.

16. Vvivstvo zmeyu prikhovati інshi zlochin or lie down yogo vchinennya (clause "Before" part 2 of article 105). Meta prikhovati іnshy zlochin maє mіsce todі, if before driving, we will make a mistake, like, on a wine dummy, which is unacceptable to law enforcement agencies. It doesn’t matter, kim skoєno such a mischief - by himself or herself, by a certain person, it’s finished out bulo chi ni. Meta lie down on the wrong thing when driving it into the openness, if the mercy of life is ahead of the planted malice, or it’s going to be left behind for an hour.

17. Inspiration from motives of political, ideological, racial, national and religious hatred, for example, from motives of hatred, for example, apparently some social group (item "L", part 2, part 2). For this vivism is characterized by intolerance to particular nationality, race, religion, political, ideological and social groups, based on the ideology of the overwhelming of its own, in the world, in all kinds of races.

18. Vbivstvo s vikoristannya organ_v or tissue of the victim (clause "M", part 2, article 105). The subject of this evil can be whether it is organisation and fabrics of people, including those that are not transplantation. Such a drive, as a rule, is to shake off medical specialists, some of the special knowledge required for the use of organs or fabrics in the process of driving in anyway.

19. According to the wicked law, the driving is not ma roztsinuvatisya yak vchinena under the qualifying signs, transferred to p. P. "A", "g", "e" Part 2 of Art. 105, as well as for the circumstances, with which it is tied to the statement about the special zhorstok_st (zokrema, a lot of injuries, driving in the presence of loved ones to the injured person), as if it’s not due to the needlessness in the country of an unfairly overwhelmed internecine defense.


If Lyudin knows the word "" (Article 105 of the Criminal Code of the Russian Federation), they do not recognize the associations themselves. It’s not marvelous - it’s no more evil than it’s wrongdoing, no more merriment from life. Would you like all the problems of the life-giving to be borne before the driving? Chi є yakis - is it a victory? And what about a wine check?

Vbivstvo, as if it were the least evil, has its own article in the Crimean Code of the Russian Federation No. 105 . The first thing you know about the food supply. With the main provisions and comments and proponymo you get to know.

The criminal code has statutory laws, which are in charge of driving. Tse і "", і article 277 of the CC RF "Invasion of political action", і navіt article pіd number 357 "Genocide". However I’m all going to get involved in my head, so I’ll describe the standard version of the evil.

Article 105 of the RF CC is unique in its own way. In the first place, the price of the article of the Crimean Code, I will describe the problems - the main provisions, practices, and values ​​will be written down to the full. In a different way, in the whole statty the part is more versatile than the other, in which there is a great number of points. In a third, tsya stattya most often peregukutsya with інshie malignancies. Art. 105 of the RF CC in more detail.

Part of the persha

At st. 105 of the RF CC for all two parts. Persha is even short, i head її meta - date of entry. Otzhe, by driving into the mind of the rapist, the relief of the people... Brutal respect for those who are guilty of bringing the fact of navmisnogo driving. Tobto, if a zlochinets killed a lyudin vipadkovo, or as an indirect inflow (for example, as a result of non-baldness), then a similar vchinok will not be used by hammering .

So it is in the first part of Art. 105 of the RF CC of the Russian Federation to look at the vipadok of a zychaynogo vbivva without any special features. For new and forgiven її obmezhennyam for 2 rock.

Part of a friend

Qia chastina st. 105 of the RF Criminal Code of the Russian Federation for the review of all іnshі vipads. She has everything to enter - from the ways of killing to the warehouse of the evil itself. So, as the option is to finish the bagato, then the other part itself is broken into pointless points:

  • Item A. Look out for a rapist and drive two or more people. At the same time, the number of those killed is often the sign of the term for letting go. Besides, driving in some people s It means all kinds of evil, such as genocide.
  • Item B. Invasion of a posadovoy individual of any kind or loved ones, You are bound for the capacity of the population of the posadovoy individual. Of course, it means that there is also a number of indications of a simple invasion of a planting individual, so as to be grounded itself on the fact that it’s good for it;
  • Item B. Driving in small numbers. So it is itself in a qiu part of it you have to drive in a hassle-free lyudin, for example, a stolen one. It is obvious, that also the work of the warto is clear from the loss of death from negligence in case of failure - for the whole of the statute;
  • Item G. Driving a vagina woman. At the same time, it’s guilty, but it’s about those that the woman was at the moment of driving the vagina. About those who have a knowledge of vbivtsya chi ni, should be learned in the same forerunners to the court;
  • Item D. . With a special harshness when driving in, you can get involved in any trivial katuvannya, such as methods of driving, as it is not immediately possible to bring the victim to death. So it is in the whole category to practice the methods of amusing life, skoєni especially in a painful way;
  • Item E. Vbivstvo, vchinen not suspіlno not without baking method. As soon as the hour of driving the people of the people into the victorious methods that could screw up the people of the community, then the wickedness fell into the part;
  • Item G. Vbivstvo, ruled not by the colossus. To rely on respect, as two or more large men, who in front of them were home to each other and followed the plan, did it. So it is itself in the ciu category to include mischief, vchineni
  • Item Z. Driving in from korislyvyh motives... At this part, you can see whether it is vbivvstva, vchineni with a special vigoda. There can be no substitutions for the claims, the implementation of the actions, not transferred by the statutes of the RF CC;
  • Item I. Vvivstva z huliganskikh sponukan. Even more detailed zlochin
  • Item K. Vbivstvo, vchinstvo, vchinennoy prikhovati інshi zlochin. Prior to such incidents, the incidence of witnesses, those of the participants in malignancies, judges, spirits of law enforcement agencies and third persons, who may have been brought up to a misdemeanor, such as incurring a temper;
  • Item L. Driving in from hatred. Such incriminations are guilty of being made a fortune, based on political, religious, racial reasons. Well, I know, such mischief is not a swindle with genocide;
  • Item M. Driving in with the mark of vikoristovuvati the organization of the bent. Going to rely on respect for vbivstvo, I mark what a bully the stolen organs and tissues of the patient for the realization of some kind of corporeal purposes.

info

For all the descriptions of the problem, the problems are one and the same, because of the letting down of will by lines from 8 to 20 rocky, which has gone up by 2 rocky. In especially grave cases of transmission, the punishment itself is so mortal or the predominant connection. It can become from 2 to 15 rocky in fallow form of hardness.

punishable by the liberation of will on lines from six to fifteen years from the interchange of freedom to terms up to two times or without such.

(As amended by the Federal Law dated 27.12.2009 N 377-FZ)

(Div. Text in front)

Skіlki rokіv give for driving people in according to article 105 of the RF CC

driving in:

a) two or more ones;

b) individuals of any close ones at a connection with a special service given by a special service, or a connection to a community service;

c) a small-lingering individual, a yak that is suspicious for wine-drinking in a feverless camp, and so it is not for the wickedness of people;

(Item "B" as amended by the Federal Law dated 27.07.2009 N 215-FZ)

(Div. Text in front)

E.1) from the motives of blood feud;

(Clause "E.1" of the introduction by the Federal Law of 24.07.2007 N 211-FZ)

g) not by a group of individuals, by a group of individuals behind the front serpent, or organized group;

h) from korislivih motives for hiring, so the yak itself is tied up with rozbom, zdirstvo or banditry;

i) from huligan sponukans;

j) with the mark of prikhovati інshiy malochin or lie down on yogo vchinennya, and so it is itself izgvaltuvannyam or rapist acts of a sexual nature;

k) from the motives of political, ideological, racial, national and religious hatred, for example, for reasons of hatred, for example, a certain social group;

(P. "L" as amended by the Federal Law dated 24.07.2007 N 211-FZ)

(Div. Text in front)

(As amended by the Federal Law dated 08.12.2003 N 162-FZ)

(Div. Text in front)

m) at the expense of honor. - Federal Law on 08.12.2003 N 162-FZ

(Div. Text in front)

punishable by the liberation of the will for lines from eight to twenty years from the intercourse of freedom to the terms from one fate to two times, or the pre-existing liberation of the will, or the death penalty.

(As amended by Federal Laws dated 21.07.2004 N 73-FZ, dated 27.12.2009 N 377-FZ)

(Div. Text in front)

Art. 105 CC RF. driving

ST 105 KK RF.

1. Vbivstvo, so as not to conceal the death of those people, -
be punished for the release of will on lines from six to fifteen years of freedom
on terms up to two rocky, or without such.

2. Driving in:
a) two or more ones;
b) individuals of any close ones at the connection with the help of a given special service
for the viconannyam of the enormous obovyazku;
c) a small or small specimen, a yak, especially for wine drinking in a
stani, so the yak itself is tied to the wickedness of the people;
d) women, yak, it is preferable for wine transfer in the vicinity of the vagina;
e) not due to special harshness;
f) not in a gallon-unsafe way;
E.1) from the motives of blood feud;
g) not by a group of individuals, by a group of individuals behind the front serpent, or organized
group;
h) for hiring motives, for hiring, so the yak itself is tied for rozbom, zdirstvo
about banditry;
i) from huligan sponukans;
j) with the mark of prikhovati іnshiy zlochin or lie down on yogo vchinennya, and so on itself
s zgvaltuvannyam or rapist acts of a sexual nature;
k) for reasons of political, ideological, racial, national and religious
hate, for reasons of hatred, for reasons of hatred, for reasons of social
groupie;
m) with the help of the victorious organs of the victim,
m) at the expense of honor
punishable by the release of will on lines from eight to twenty years of freedom
on terms from one fate to two fate, or to pre-existing delusions of will, or to death.

Kommentar to the station. 105 of the Crimean Code

1. Bezposredniy ob'єkt vvivvstva - the life of the people, as it is found under the criminal and legal protection at the moment of the ear of physiological conditions and until the death of the brain or biological death (div. Order of the Ministry of Health of Ukraine 2003 rev. criteria and order of appointment to the moment of death of people, referring to reanimation visits ").

2. Vvivstvo can be defeated in the form of yak, as well as inactivity. Diya can turn in psychic abnormal physical violence. Driving a psychotic into a matime mіsce with a sled, for example, if winnie, I know about a sickly patient's body, a vicious psycho-traumatic factor (fouling, overgrowth, i іn.)

The suspicion for driving in the form of inactivity is insisted on the presence of offensive minds: the wine must have a legal obligation to protect the life of wine, and there is a real possibility of preventing death.

3. The understanding of vbivstvo is fixed in Part 1 of Art. 105 QC. Z ny viplivє, who the legislator will tieє vbivanie deprived with a clever form of blame. Nevozdiannya zapod_yannya death qualify for st. 109 QC.

4. A critical law to take revenge on three types of vbivstva: simple (part 1 of article 105 of the CC); qualified (part 2 of article 105 of the CC) and privileges (articles 106 - 108 of the CC).

5. For h. 1 tbsp. 105 KK qualify, for example, driving in welfare battles for the days of the Huligan sponukans, for jealousy, for the motives of awe Part 2 of Art. 105 KK), overgrowth, witchcraft, hatred, which were found on the ground of special inconsistencies. Euthanasia qualifies also for h. 1 tbsp. 105 QC.

6. Driving in two and more axles (item "A"). Subject to the position of Part 1 of Art. 17 KK vbivstvo two or more people, not in one hour, or in the middle of the hour, do not approve the problem and the quality of the item.

"A" part 2 of Art. 105 CC, and for the obviousness before that, it was also submitted for the same clauses of Part 2 of Art. 105 KK, for a call, but for one of a number of times, no convictions were made before (clause 5 of the Decree of the Plenum of the Supreme Court of the Russian Federation from 27 June 1999 r N 1 "On court practice on the right side of the issue (Art. 105 of the CC RF)" ). If, when we intend to drive two special people, the life has gone only one, then there are no qualifications for hours 1 or 2 tbsp. 105 і for part 3 of Art. 30, item "A" part 2 of Art. 105 QC.

7. Driving an individual of any close one to the connection due to the special service efficiency given to the visitor of the community service (item "B"). This is the driving in of the transfer of a special patient - a person who is good for her service, or a vison of a huge obedience, or someone close to him. Before those close to the injured person, the order of close relatives can be set up by other individuals, who will stay with him in their native stosunas, power (relatives of the person), as well as individuals, life, health and well-being, which are likely to be endured for a particular wine road.

The understanding of the service activity, the statement of the community connection is opened in clause 6 of the Resolution to the Plenum of the Supreme Court of the Russian Federation dated June 27, 1999 No.

Specific motive and meta of wine: I mark є overshooting the legal activity of the victim, and the motive is the pomst for the legal activity.

8. The embedding of a small individual, a yak, is preferable for wine-drinking in a dry camp (item "B"), and women, yak, a woman, yak is apt for wine-drinking at a wine camp (item "G"). Qualification for the number of points is possible only in the case of the presence of special tastes among the patients (the lack of success in 14 years, a reluctant camp, vitality) and the knowledge of the wine process.

It is as if an individual was driven into, it is suitable for a wine drink in a feverless country, after the death of an injured person who was not given due to a physical or mental to the court of the Russian Federation dated 27 June 1999

105 of the RF CC RF

N 1). The Supreme Court of the Russian Federation does not bring to the risk of sleepers and individuals, as they are overbearing in the country of alcoholic sp'yaninnya.

As vinny in the process of letting the life of the patient inoculate the patient into a feverless camp, then it cannot be qualified for clause "B" part 2 of Art. 105 QC.

9. Vvivstvo, ponan from vikradennyam people (item "B"); odnané s rozbom, zdirstvo or banditry (item "z"); perpetrators of sexual violence (p. "before"). Conjugation of the meaning means that the meaning of the action can overwhelm the beatings, or get away with it for an hour, or the beatings of the next step ahead of such acts.

In the first two vipadkas, the life is lost in a way, which will lie down in the name of the name. In the rest of the vipadku vbivstvo vіdbuvaєatsya for amends for the assignments of opіr, or for the pretense of prikhovaty sokonі evil.

Conjugation also means that the victims of being overwhelmed and the victim of the beating may not be killed (for example, the life of a person who has become overwhelmed by the viciousness of the people) can be amused.

Well, for sure, at the submission of Part 1 of Art. 17 CC of the winners, who were responsible for the crime, because of the victims of the people, the victories, etc. "B", "z", "before" Part 2 of Art. 105 CC and additional qualifications for art. 126, 131, 132, 162, 163, 209 KK do not require. At the same time, it is the practice of the court to take into account the positions fixed in clauses 7, 11, 13 of the Decree to the Plenum of the Supreme Court of the Russian Federation from 27 June 1999, No.

10. Driving in, not in a special zhorstok_styu (p. "D"). Understanding a special zhorstokost is called both by the way of driving, as well as by the same circumstances, and by indicating a particular zhorstokost by wine (clause 8 of the Decree to the Plenum of the Supreme Court of the Russian Federation, dated 27th June 1999, No. 1). For vizannya vvivvatsya thoroughly with a special zhorstok_styu, it is necessary to stand, with the intention of wine ohoplyuvalas vvivstu v vvivstu with a special zhorstok_styu. Outside the corpse itself, by itself, it cannot be roztsinuvatisya as furnishings, but to indicate about the incitement of the beating with a special horror. Miserableness or dismemberment of the corpse with the mark of sacrificing malignancy also cannot be used to qualify for the quality of punishment as it was inflicted with a special hardness.

11. Vvivstvo, not guilty in an unsafe way (p. "E"), transferring such a way of reasonably saving death, which is probably not safe for wine, is not safe for a life not only for a patient, but if you want a single person, for example in the meetings of the purchase of people, otrunnya vod and іzhі, such as the victim are reproached by other people) (clause 9 of the Decree to the Plenum of the Supreme Court of the Russian Federation from 27 June 1999 r N 1).

12. Vvivstvo s motives of blood feud (clause "E.1"). Pomsta's blood is called, like the іsnu among deyaky nationalities, for example, Pivnichny Caucasus. Apparently, before the new, he himself suffered, or a relative of the man who was scorned in a heavy manner, on the outside, by hammering, etc. goiters are crocheted. Among a number of people who are driven to the bloodline, you can go to the law-hearing behavior (giving the witness, which served as a guide to the guilty verdict, as if he died with a number of judgments, or lost it in connection).

A place of misery can be a geographic point on the territory of Russia, and not just the place where representatives of the most important ethnic groups live compactly.

Suffer all evil, you can be a community, including those who are not representatives of the designated ethnos.

13. Rules for the qualifications of a group of individuals, a group of individuals behind the foremost serpent or an organized group (clause "Zh"), victories in clause 10 of the Decree of the Plenum of the Supreme Court of the Russian Federation as of the 27th of 1999, N 1. Slide for They didn’t just get to know the problem, but they caused death, but if we’re a person, we’ll be straightforward to the job, we took a part in the process of relieving the life of the victim.

14. Vvivstvo of corporeal motives for hiring (clause "Z") qualify according to the rules, according to clause 11 Decide to the Plenum of the Supreme Court of the Russian Federation from 27 September 1999 r N 1.

15. Driving out of the Huligan sponukans (clause "I") is a driving in, which is clearly not on the ground, up to the suspension and accepted moral standards (clause 12 of the Decree to the Plenum of the Supreme Court of the Russian Federation from the 27th of June 1999, No. 1). For the correct interception of the prompting from the Huligan sponukans of the prompting from the welders, either the fight from the start, who was the initiator, who did not have a conflict of provocations to win. As well as the initiator of welding, because of the beating of patience, and so in times, if the drive before the conflict was the wrong behavior, Winnie cannot bear the blame for hammering in the hooligan sponkans.

16. Vvivstvo z metyu prikhovati інshi zlochin abo lay down yogo vchinennya (p. "Do"). The law of visualization of two equal meanings: to treat the evil and to do away with the evil. Meta prikhovati іnshy zlochin maє mіsce todі, even though before driving in, we inflict any malignancy, about something, on a wine thought, is not yet visible to law enforcement agencies. It doesn’t matter, kim skoєno such a mischief - by himself or herself, by a certain person, it’s finished out bulo chi ni.

Meta lie down on the wrong thing when driving it into the openness, if the mercy of life is ahead of the planted malice, or it’s going to be left behind for an hour.

The qualification of vbivstva for the item "Do" includes the possibility of qualification of the evil, except for the mentioned item, from which-non-item of Part 2 of Art. 105 KK, scho transferring іnshі tsіlі abo the motive of driving. It has been established that the hammering of the patient is quick, for example, from the criminals or from the hooligan sponukans, it is impossible to immediately qualify for the item "Do" part 2 of Art. 105 QC.

17. The instigation of motives of political, ideological, racial, national and religious hatred, for example, for motives of hatred, for example, of a certain social group (p. "L"). For this vivism is characterized by intolerance to specific nationality, race, religion, political, ideological and social groups, based on the ideology of overcoming their own, navpak, etc.

18. Vbivstvo vikorystannya organs or tissues of the victim (item "M"). The subject of this evil can be whether it is organisation and fabrics of people, including those that are not transplantation. The relevance of this point is insisted neatly from the fact that the result is a vigor or a tissue or an organ.

Subjects of malice, as a rule, come up with medical doctors, some of the special knowledge required for the use of organs or fabrics in the process of driving in any way.

19. Vvivstvo, vchinenno in case of qualified signs, transferred to two homes and more points of Part 2 of Art. 105 KK, you can qualify for all points. While early in such cases it is not guilty to be identified on the skin point okremo, however, when the sign is indicated, it is necessary to show the signs of quality.

20. Vvivstvo is not guilty of roztsinuvatisya yak vchinenno with quality signs, transferred to nos. "A", "g", "e" Part 2 of Art. 105 KK, as well as under the circumstances, with the help of which is associated with a statement about the particular zhorstokness (spraying, a lot of injuries, driving in the presence of those close to the victim), as if there is no need in the country of an unfairly defensive person.

Інші comments before statti 105 of the RF CC

<Глава 16. Злочини проти життя і здоровьяВверхСтатья 106. Вбивство матір'ю новонародженої дитини>

Criminal Code, N 63-FZ | Art. 105 CC RF

Article 105 of the RF CC. Vbivstvo (rank of editorial office)

1. Vvivstvo, so as not to conceal the death of some people, -

punishable by the liberation of will on lines from six to fifteen years from the interchange of freedom to terms up to two times or without such.

2. Driving in:

a) two or more ones;

b) individuals of any close ones at a connection with a special service given by a special service, or a connection to a community service;

c) a small-lingering individual, a yak that is suspicious for wine-drinking in a feverless camp, and so it is not for the wickedness of people;

d) women, yak, it is preferable for wine transfer in the vicinity of the vagina;

e) not due to special harshness;

f) not in a gallon-unsafe way;

E.1) from the motives of blood feud;

g) not by a group of individuals, by a group of individuals behind the front serpent, or organized group;

h) from korislivih motives for hiring, so the yak itself is tied up with rozbom, zdirstvo or banditry;

i) from huligan sponukans;

j) with the mark of prikhovati інshiy malochin or lie down on yogo vchinennya, and so it is itself izgvaltuvannyam or rapist acts of a sexual nature;

k) from the motives of political, ideological, racial, national and religious hatred, for example, for reasons of hatred, for example, a certain social group;

l) with the help of the victorious organs of the victim, -

m) at the expense of honor. - Federal Law on 08.12.2003 N 162-FZ

punishable by the liberation of the will for lines from eight to twenty years from the intercourse of freedom to the terms from one fate to two times, or the pre-existing liberation of the will, or the death penalty.

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Kommentar to the station. 105 CC RF

1. Bezposredniy ob'єkt vivivstva - the life of a people, as it is known from the criminal and legal protection at the moment of the ear of physiological conditions and until the biological death (Order of the Ministry of Health of Ukraine from the 4th birch of the year 2003 N 73 deaths of people, reanimation visits ").

2. Vvivstvo can be defeated in the form of yak, as well as inactivity. Diya can turn in psychic abnormal physical violence. Driving a psychotic into the flow matime misce, if winnie, know about the sickly patient's body, vicarist psycho-traumatic factors (contaminated, rely on і ін.).

3. The understanding of vbivstva is fixed in part 1 of the comments of the statute. Z ny viplivє, who the legislator will tieє vbivanie deprived with a clever form of blame. Nevozdiannya zapod_yannya death qualify for st. 109 QC.

4. The critical law of viewing three types of insertions:

1) so called is simpler (part 1 of article 105 of the CC);

2) qualified persons (part 2 of article 105 of the CC);

3) privileged (Art. Art. 106 - 108 CC).

5. For h. 1 tbsp. 105 KK qualify, for example, driving in the welfare of the fight for the days of the Huligan sponukans, for the jealousy, for the motives of avenging l "Part 2 of Art. 105), zeal, witchcraft, hatred, which have been found on the ground of special wickedness. Euthanasia qualifies for h. 1 comments in the statistics.

6. Driving in two or more of them (clause "A", part 2 of article 105 of the CC). Subject to the position of Part 1 of Art. 17 KK vbivstvo two or more individual, not in one hour, or in the middle of the hour, do not approve of the problem and the quality of the item "A" part 2 of Art. 105 CC, and for obviousness before that it was delivered - also for the same clauses of Part 2 of Art. 105 KK for utterance, but for one of such imprisonments earlier, no convictions were made (clause 5 of the Resolution to the Plenum of the Supreme Court of the Russian Federation from 27 June 1999 r N 1 "On the court practice on the right of imprisonment (Article 105 of the CC RF)") ...

If, when we are thinking about driving two special people, the life has gone only one, then there is no qualification for hours. Part 1 or 2 tbsp. 105 і for part 3 of Art. 30 і item "A" part 2 of Art. 105 QC.

7. Driving an individual of any close one to a connection due to a special service ability, or to a visitor of a community service (clause "B", part 2 of Art. 105 KK), a transfer of a special patient to a special person who has a service for huge obov'yazok, or someone close.

When the service is working, it’s okay for some individuals to come in to the number of their obligations, according to the labor agreement (contract) with the state, municipal, private and registered authorities in accordance with the established procedure. do not overstep the decorous legislation.

Victimization of a community’s obligation - a community member who has been specially liable to new obligations in the interests of the administration, or legitimate interests of such people, as well as the assignment of those who are suspiciously brown. Zdijsnennya specially liable for the huge lodgers є participation in the robotic volunteer national squad, operational corrals to control law and order, etc.

..... The incrimination of the suspiciously brown ones can be rotated in the suspiciously right-handed persons, due to the authorities of the authorities about the incursions of the malignancies, for the malignancies, for the misdemeanor of the individual who was smashed at the loss of the suspicious ones, for the others

Before those close to the injured person, the order of close relatives can be set up by other individuals, who will stay with him in their native stosunas, power (relatives of the person), as well as individuals, life, health and well-being, which are likely to be endured for a particular wine road.

Meta vbivstva - overshoot the legal activity of the victim; motive - to avenge the legitimate activity.

8. The embedding of a small individual, a yak, is a prerequisite for wine handling in a non-stop mill (item "B", part 2 of article 105), and women, a woman, a yak, which is likely for wine handling at a wine mill (item "G", part 2 Article 105 CC). The quality of the points can only be obtained in the presence of special tastes in the patient (malolity, irresponsible camp, vaginosti) and the knowledge of wine process.

As the driving of an individual, it is suitable for wine drinking in a feverless country, then the death of a victim, not given due to the physical or mental state of mind, to seize oneself, give an active support to the wine, Until some people who are in a feverless camp, there may be wake-ups, wintry days, grave illnesses and old people, individuals who suffer from mental health problems, amuse their buildings correctly to take off. The Supreme Court of the Russian Federation does not bring to the risk of sleepers and individuals, as they are overbearing in the country of alcoholic sp'yaninnya.

9. Vbivstvo, persecution of people (clause "B", part 2 of Art. 105 CC), rogue, zdirstvo or banditry (clause "Z", part 2 of Art. 105 CC), abusers of rapists of a sexual nature ( p. "to" part 2 of article 105 of the CC). Conjugation of the meaning means that the meaning of the action can overwhelm the beatings, or get away with it in an hour, or the drive in the next step beyond such actions. In the first two vipadkas, the life is lost in a way, which will lie down in the name of the name. In the rest of the fall, vbivstvo vidbuvaєatsya from the place of mind, for the sake of prikhovati skoєni evil.

Suffering from being re-insured and the victim of being beaten may not get lost (for example, the life of a person who has become overwhelmed by a vicious person can be amused).

Court practice under article 105 of the RF CC:

  • Decision of the Supreme Court: Viznachennya N 72-APU17-1, Court team at the criminal right, appeal

    Those who, according to the statement to Dontsov specifically, at that moment were not destroyed by the criminal right (on the right, an apparently unsettled individual of 24 fierce 2013 rock was destroyed to signs of evil, transferred to the item "Zh", part 2 of Art. 105 of the RF CC for the fact of an anonymous T) , I didn’t bother about it, I didn’t make a mistake, I didn’t go to the court about those who finished Dontsov Buli without breaking the law ...

  • Decision of the Supreme Court: Viznachennya N 58-APU17-1, Court team at the criminal right, appeal

    According to the evil law, driving in two more or less people, not in one hour, or in the middle of the hour, until the position of Part 1 of Art. 17 of the RF CC, I do not approve of the problem and qualifications for paragraph "a" of Part 2 of Art. 105 of the RF CC for wins, but for one of the tsikh vbivvvyny earlier not buv convictions ...

  • Decision of the Supreme Court: Viznachennya N 25-APU16-11SP, Court team at the criminal right, appeal

    Virok was ordered to submit the accused to a verdict and not to go beyond the accused. Diam of the condemned Petrov I.A. і Surkova Yu.V. the correct legal assessment is given z clause "c" part 4 of Art. 162, p.p. "F", "h" Part 2 of Art. 105, part 3 of Art. 30 і h. 2 Art. 167 CC RF. As is familiar to the factual circumstances, to be established by the jury as inmates, the offense of the condemned took an unprecedented fate from the life that was amused by the path and the strangulation ...

+ More ...
 


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