What is the punishment for facilitating terrorist activities? What punishment is provided for facilitating terrorist activities? Financing of terrorism article of the Criminal Code of the Russian Federation

Promotion of terrorist activities

Commentary on Article 205.1 of the Criminal Code of the Russian Federation:

The peculiarity of this crime is that the legislator, establishing responsibility essentially for instigating and complicit actions, takes into account the exceptionally high degree of public danger of terrorist activity.

1. The object of the crime is the same as in Art. 205 of the Criminal Code.
The objective side of the crime is expressed in the alternative presence of at least one of the signs of acts specified in the disposition of the article:
inducement, recruitment or other involvement of a person in the commission of at least one of the crimes provided for in Articles 205, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code;
arming or preparing a person for the purpose of committing at least one of these crimes, as well as financing terrorism.
Inducing a person to commit these crimes means the activity of an instigator in forming in another person the intent to commit these crimes through persuasion, bribery, threat or other means (see). As the Plenum of the Supreme Court of the Russian Federation explained, such actions can be carried out by posting materials on various media and disseminated through information and telecommunication networks.
Recruiting a person is a process of targeted, most often psychological, influence on him in order to achieve consent to criminal cooperation, essentially a transaction that may be based not only on financial interests, but also on others (nationalist, religious, political, etc.) . If inducement, as a rule, is a local unidirectional act of influencing a person in order to induce him to commit a crime, fixed by place, time and even method of implementation, then recruitment crowns a two-way process of criminal cooperation, as a rule, not one-time, but multi-episode and long-term by time.
Other involvement of a person in the commission of crimes of a terrorist nature is the implementation of acts that go beyond the scope of inducement or recruitment, but aimed at the implementation of terrorist plans. Involvement means the formation of criminal interest through negative educational influence, glorification of terrorism as a phenomenon, the use of blackmail, deception, abuse of trust, etc.

Arming or preparing a person for the purpose of committing these crimes of a terrorist nature essentially means complicity, i.e. facilitating the implementation of a crime. We are talking about supplying terrorists with weapons, ammunition, explosives, etc. The disposition of the article refers to weapons as physical complicity, i.e. provision of weapons on a paid or gratuitous basis (the concept of weapons is explained in the Federal Law of December 13, 1996 “On Weapons”). The preparation of a person can be expressed in such complicit acts as removing obstacles, developing a plan for carrying out a terrorist act, providing the necessary information about future victims (character, habits, methods and times of movement, places of residence, etc.).
The article also refers to the financing of terrorism as a method of complicity, the concept of which is explained in Note 1 to this article. Terrorist financing is the provision or collection of funds or the provision of financial services (for example, systematic deductions or a one-time contribution to the general treasury, rental of real estate, etc.), with the understanding that they are intended to finance the preparation or commission of at least one crime, provided for in Art. Art. 205, 205.1, 205.2, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code, or to support an organized group, illegal armed group, criminal community (criminal organization) created or being created to commit crimes of a terrorist nature (see commentary to the named articles).
Including the concept of complicity in the content of the note seems unnecessary, since it duplicates the concept of complicity enshrined in Art. 33 of the Criminal Code of the Russian Federation.
The crime is considered completed from the moment of commission of at least one of these acts.

2. The subjective side of this crime is characterized by guilt in the form of direct intent. The goal is the desire to commit, using the specified methods and means, any of the crimes specified in the list. Motives reveal those motives that are associated with the characteristics of each of these crimes.
The subject is any sane person who has reached the age of 16.
This crime (Part 2) is recognized as a qualified offense if it is committed by a person using his official position. This aggravating circumstance is based on the use of a wide variety of features, functions and advantages that are determined by official position (power and other powers, possession of information, the presence of a wide range of connections and acquaintances, access to weapons, etc.).

The article has an incentive norm (Note 2), which provides a special basis for exemption from criminal liability if the person who committed the crime, by timely reporting to the authorities or otherwise contributed to the prevention or suppression of the crime that he financed and (or) contributed to, and unless his actions contain another crime. Active actions of a person may be associated with timely reporting to the authorities, cancellation of an act of incitement, recruitment or other involvement of a person in terrorist activities by dissuading, blocking the development of a crime and otherwise preventing grave consequences; disrupting the process of arming criminals or preparing to commit these crimes.

1. Inducing, recruiting or otherwise involving a person in committing at least one of the crimes provided for in Article 205.2, parts one and two of Article 206, Article 208, parts one to three of Article 211, Articles 220, 221, 277, 278, 279 and 360 of this Code, arming or preparing a person for the purpose of committing at least one of these crimes -

shall be punishable by imprisonment for a term of five to fifteen years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.

1.1. Inducing, recruiting or otherwise involving a person in the commission of at least one of the crimes provided for in Articles 205, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211 of this Code, arming or preparing a person for the purpose of committing at least one of of these crimes, as well as financing of terrorism -

shall be punishable by imprisonment for a term of eight to fifteen years with a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to four years, or without it, or by life imprisonment.

2. Acts provided for in parts one or one.1 of this article, committed by a person using his official position, -

shall be punishable by imprisonment for a term of ten to twenty years with a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to five years, or without it, or by life imprisonment.

3. Assisting in the commission of at least one of the crimes provided for in Article 205, part three of Article 206, part one of Article 208 of this Code -

shall be punished by imprisonment for a term of ten to twenty years.

4. Organizing the commission of at least one of the crimes provided for in Articles 205, 205.3, parts three and four of Article 206, part four of Article 211 of this Code, or directing its commission, as well as organizing the financing of terrorism -

shall be punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years or life imprisonment.

Notes. 1. In this Code, the financing of terrorism is understood as the provision or collection of funds or the provision of financial services with the understanding that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5 , 206, 208, 211, 220, 221, 277, 278, 279 and 360 of this Code, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or for providing for an organized group, illegal armed formation, criminal community (criminal organization) created or being created to commit at least one of these crimes.

1.1. In this article, aiding is understood as deliberate assistance in the commission of a crime by advice, instructions, provision of information, means or instruments for committing a crime, or removing obstacles to its commission, as well as a promise to hide the criminal, means or instruments for committing a crime, traces of a crime or objects obtained by criminal means, as well as a promise to purchase or sell such items.

2. A person who has committed a crime under this article is exempt from criminal liability if he, by timely reporting to the authorities or otherwise, contributed to the prevention or suppression of a crime that he financed and (or) the commission of which he contributed to, and unless his actions contain otherwise corpus delicti.

Commentary to Art. 205.1 of the Criminal Code of the Russian Federation

1. According to paragraph 2 of Art. 3 of the Federal Law of 03/06/2006 N 35-FZ “On Countering Terrorism” (as amended on 11/08/2011), terrorist activity includes: organization, planning, preparation, financing and implementation of a terrorist act; incitement to a terrorist act; organization of an illegal armed formation, a criminal community (criminal organization), an organized group for the implementation of a terrorist act, as well as participation in such a structure; recruiting, arming, training and using terrorists; informational or other assistance in the planning, preparation or implementation of a terrorist act; propaganda of ideas of terrorism, distribution of materials or information calling for terrorist activities or substantiating or justifying the need for such activities.
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NW RF. 2006. N 11. Art. 1146; N 31 (part 1). Art. 3452; 2008. N 45. Art. 5149; N 52 (part 1). Art. 6227; 2009. N 1. Art. 29; 2010. N 31. Art. 4166; 2011. N 1. Art. 16; N 19. Art. 2713; N 46. Art. 6407.

2. The objective side of the crime provides for several alternative independent actions related to the promotion of terrorist activities: a) inducing a person to commit at least one of the crimes provided for in Art. Art. 205, 206, 208, 211, 277 - 279 and 360 of the Criminal Code; b) recruitment; c) other involvement of a person in the commission of at least one of the above crimes; d) arming a person for the purpose of committing at least one of these crimes; e) preparing a person to commit at least one of these crimes; f) financing of terrorism.

By inducing a person to commit at least one of the crimes provided for in Art. Art. 205, 206, 208, 211, 277 - 279 and 360 of the Criminal Code are understood as active actions aimed at arousing in the person being persuaded the desire, determination, motivation to participate in the commission of at least one of the listed crimes and the beginning of the actual commission of at least some preparatory actions . The method of inducement can be anything, for example, persuasion, calls for religious unity, for national unity and solidarity, for a sense of patriotism, bribery, deception, threat, coercion, mental influence, etc.

The crime is actually a special case of incitement, completed from the moment of committing any of the specified actions, obtaining the consent of the person persuaded to participate in actions related to the promotion of terrorist activities, and the actual beginning of at least some preparatory actions. If a person refuses to participate in facilitating terrorist activities, the actions of the person involved should be recognized as an attempt on the crime in question.

Recruitment refers to actions that are systematic in nature, aimed at finding accomplices of these terrorist crimes, at forming a criminal group, criminal organization, including new members, etc.

Other involvement of a person in the commission of at least one of the terrorist crimes should be understood as actions that are of a broader and less specific nature, such as inducement and recruitment, of a nature, for example, indoctrination and education of the younger generation with the inculcation in the future of skills that determine the promotion of terrorist activities , imitating adult terrorists, taking their example from them, treating relatives and relatives for the same purposes, etc.

Arms should be understood as the supply of any types of weapons, both those provided for by the Weapons Law and military types of weapons, ammunition, explosives or explosive devices, weapons of mass destruction.

Preparation to commit at least one of the terrorist crimes means such actions as, for example, training a person, his ideological indoctrination, physical training, fire training, instilling in him specific knowledge, skills, techniques, methods, tactics, techniques for committing such crimes, development plans for carrying out terrorist activities, rules of conspiracy, acquisition of weapons, production and falsification of documents, organization of material resources, transport, etc.

3. In accordance with Art. 24 of the Federal Law “On Countering Terrorism”, “an organization is recognized as terrorist and is subject to liquidation (its activities are prohibited) by a court decision on the basis of an application from the Prosecutor General of the Russian Federation or a subordinate prosecutor if organization, preparation, or preparation are carried out on behalf of or in the interests of the organization and committing crimes under Art. Art. 205, 206, 208, 211, 277 - 280, 282.1, 282.2 and 360 of the Criminal Code of the Russian Federation, as well as if these actions are carried out by a person who controls the organization’s implementation of its rights and obligations.”

4. In the concept of “financing of terrorism” according to paragraph 1 of note. Two options are included with the commented article. The first is a series of alternative actions aimed at financing the commission of a specific crime - providing funds, collecting funds, providing financial services with the awareness by the guilty party that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Art. Art. 205, 205.1, 205.2, 206, 208, 211, 220, 221, 277 - 279 and 360 of the Criminal Code. The second financing option covers actions aimed at supporting an organized group, illegal armed formation, criminal community (criminal organization) created or being created to commit at least one of these crimes. For example, monetary contributions for the material supply of members of a criminal group, to the general treasury of a criminal organization, the purchase of weapons, transport, housing, real estate for them, financing the production of counterfeit documents, bribes to corrupt government officials, etc.

5. The subjective side of the crime is characterized by direct intent. The subject is aware that he is carrying out the actions specified in the Law related to the promotion of terrorist activities, and wishes to commit any of these actions. A mandatory feature of this crime is a special purpose - ensuring the commission of at least one of these crimes.

6. The subject of the crime is a sane individual who has reached the age of 16.

7. Part 2 of the commented article provides for the use of one’s official position as a qualifying circumstance. The subject of such a crime can be both an official and ordinary employees of state and municipal institutions, enterprises, as well as persons performing managerial functions in commercial or other organizations. The use of official position is expressed not only in the deliberate use by such persons of their official powers, but also in exerting influence, determined by the significance and authority of the position they occupy, on other persons in order to induce them to commit actions aimed at promoting terrorist activities (clause 17 of the Resolution Plenum of the Armed Forces of the Russian Federation dated 02/09/2012 N 1).

8. Part 3 of the commented article provides for liability for complicity in the commission of a crime provided for only in Art. 205 of the Criminal Code.

The legal interpretation of the concept of complicity is given in paragraph 1.1 of the note. to the commented article, according to which aiding is understood as deliberate assistance in the commission of a crime by advice, instructions, provision of information, means or instruments for committing a crime or removing obstacles to its commission, as well as a promise to hide the criminal, means or instruments of committing a crime, traces of a crime or objects obtained criminally, as well as a promise to purchase or sell such items.

9. When performing actions provided for in the commented article and art. Art. 205, 206, 208, 211, 277 - 279 and 360, the guilty person is liable for the totality of crimes.

10. In paragraph 2 note. The commented article indicates the necessary conditions for exemption from criminal liability. A person who has committed a crime under this article is exempt from criminal liability if he, in any form, by timely notification to the authorities or in any other way, contributed to the prevention or suppression of a crime that he financed and (or) the commission of which he contributed to, and if his actions did not contains elements of another crime. The timeliness of reporting a crime presupposes that the relevant authorities have the ability to prevent the onset of dangerous consequences of terrorist activity, for example, an explosion, arson, death, etc. Contributing in another way to the prevention or suppression of a crime by a person can be expressed in the commission of certain actions, for example, providing assistance in the release of hostages, persuading terrorists to stop their actions, their disarmament, refusal to commit an attack on the life of a statesman or public figure, a representative of a foreign state, or international organization, etc. If a person’s actions contain a different corpus delicti, he bears criminal liability for it, and under the commented article he is released.

Lawyer's answer (Mikhail Alexandrovich I.)

5.67

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The question is not clear, call the above number and explain your question in more detail

Sergey

1- He was sentenced in 2002, Art. 161, part 2, paragraph c, to 3 years with a probationary period on the basis of Art. 73 of the Criminal Code of the Russian Federation for 1 year 2- and in the same 2002, Art. 115 of the Criminal Code of the Russian Federation for 1 year l/st. conditionally with a probationary period on the basis of Art. 73 of the Criminal Code of the Russian Federation for 1 year QUESTION: - when receiving a work certificate - these articles appear, although they have long been paid off, after what period will they completely disappear. because of this I can’t get a job

Lawyer's response (Duty lawyer)

2.67

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Hello, Sergey, information about your criminal record is stored at the Information Center of the Ministry of Internal Affairs for a very long time. That's why they don't hire you because the security service checks.

Larisa

Can I hire a person as a watchman in a kindergarten who in 2016 had a criminal record under Part 2 of Article 213, Section 2 of Article 139, Art. 69 of the Criminal Code of the Russian Federation to imprisonment for 1 year 4 months, on the basis of Article 73 of the Criminal Code of the Russian Federation, conditionally with a probationary period of 1 year

Lawyer's answer (Zheleznov Alexander Leonidovich)

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Hello! Based on Article 351.1. Restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and health, medical care, social protection and social services, in the field of children's and youth sports, culture and art with the participation of minors

Persons who have or have had a criminal record, who are subject to or have been subject to criminal prosecution (except for persons whose criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the person (with the exception of illegal placement in a psychiatric hospital, slander and insult), sexual integrity and personal freedom, against family and minors, public health and public morality, the foundations of the constitutional order and state security, as well as against public safety.

5.67

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Good afternoon, in this situation the only way out is to file an appeal.
"Criminal Procedure Code of the Russian Federation" dated December 18, 2001 N 174-FZ (as amended on December 5, 2017)
Article 8.1. Independence of judges
1. When administering justice in criminal cases, judges are independent and are subject only to the Constitution of the Russian Federation and federal law.
2. Judges consider and resolve criminal cases in conditions that exclude outside influence on them. Interference by state bodies, local government bodies, other bodies, organizations, officials or citizens in the activities of judges in the administration of justice is prohibited and entails liability established by law.
3. Information about extra-procedural appeals from state bodies, local governments, other bodies, organizations, officials or citizens received by judges in criminal cases pending in their proceedings, or by the chairman of the court, his deputy, the chairman of the judiciary or the chairman of the judicial panel for criminal cases cases pending before the court shall be made public and brought to the attention of the participants in the trial by posting this information on the official website of the court on the Internet and shall not be the basis for conducting procedural actions or making procedural decisions in criminal cases.

Natalia

Please tell me, my son was sentenced under Article 111 Part 4 to 8.6 years. Served 5 years 1 month. According to Article 80 of the Criminal Code of the Russian Federation dated December 27, 2018, is there a mitigation of the sentence for Article 111 Part 4. Is it possible to apply for parole or forced labor and when?

Lawyer's answer (Voskan Frunzikovich Malkhasyan)

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Hello, Natalya! According to Article 79 of the Criminal Code of the Russian Federation: Criminal Code of the Russian Federation Article 79. Conditional early release from serving a sentence 1. A person serving detention in a disciplinary military unit, forced labor or imprisonment is subject to conditional early release if the court finds that that for its correction it does not need to fully serve the sentence imposed by the court, and also compensated for the damage (in whole or in part) caused by the crime in the amount determined by the court decision. In this case, the person may be fully or partially released from serving an additional type of punishment. 2. When applying conditional early release, the court may impose on the convicted person the duties provided for in part five of Article 73 of this Code, which must be fulfilled by him during the remaining unserved part of the sentence. 3. Conditional early release can be applied only after the convicted person has actually served: a) at least one third of the sentence imposed for a crime of minor or medium gravity; b) at least half of the sentence imposed for a serious crime; c) at least two-thirds of the term of punishment imposed for a particularly serious crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole, if parole was canceled on the grounds provided for in part seven of this article; d) at least three quarters of the sentence imposed for crimes against the sexual integrity of minors, as well as for grave and especially grave crimes related to the illicit trafficking of narcotic drugs, psychotropic substances and their precursors, as well as for crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 210 and 361 of this Code; e) at least four-fifths of the sentence imposed for crimes against the sexual integrity of minors under fourteen years of age. According to Article 15 of the Criminal Code of the Russian Federation, the committed act under Part 3 of Article 111 of the Criminal Code of the Russian Federation is especially grave: Article 15. Categories of crimes 5. Particularly grave crimes are intentional acts, for the commission of which this Code provides for punishment in the form of imprisonment for a term of over ten years or more severe punishment. Consequently, a convicted person can apply for parole after 2/3 of the sentence has expired. The decision to grant parole is made by the court.

You need: 1. A petition from the convicted person. 2. A copy of the verdict, certified and bound. A copy of the verdict must be given to the convicted person after the trial. Very often, convicts throw it away or tear out pages from it as they seem unnecessary. Please don't ever do this. A copy of the verdict is required in all cases of subsequent appeal to the court (application for parole, for mitigation of the sentence, cassation, appeal). If documents are submitted to the court, a copy of the verdict is not returned, so a new copy is required. How to get it? a) a photocopy in the camp with certification from the head of the colony. Unfortunately, in order not to have unnecessary troubles, at the camp headquarters, prisoners are often informed that the photocopier is broken and, well, they won’t fix it... for about five years b) send a power of attorney to their relatives. With such a power of attorney, they will receive the verdict without any problems; c) your lawyer can take a copy of the verdict (you don’t need anything at all for this); d) send a request to the court that passed the verdict, asking them to send a copy of the verdict. 3. Certificate of health (extract from a medical record) - submitted in case of a serious illness or health disorder. The certificate is issued by the camp's medical authority. As a rule, in the event of a serious illness, the convict is transferred to a medical correctional institution. A book is created for him, from which a health statement is made. As a rule, certificates made in outside hospitals are taken seriously by the courts, so that all issues need to be resolved with prison doctors. 4. Statement of guilty plea (if you denied it at trial, it won’t hurt to file it, and if guilt was admitted at trial) It is best if such a paper is filed about six months to three months before filing an application for parole , otherwise the court may perceive it skeptically. 5. For those who have a writ of execution (that is, for those against whom enforcement proceedings have been initiated): - a statement from the convicted person that he asks the administration of the penal colony to transfer a monthly amount of money from earned funds to repay material damage under the writ of execution - a certificate from their accounting department colony stating that the funds are transferred to the victim (indicating specific amounts monthly), if everything is paid, then the certificate must indicate that the claim has been repaid - if money was transferred to repay the claim by relatives, then a certificate of transfer of money (through a bank, through the mail , the stubs from transfer receipts will do), if it is sent regularly, then collect all the stubs so that it can be seen that the obligations are being fulfilled consistently. If everything was paid at once in cash, then a receipt from the victim for compensation for damage (notarized)

New edition of Art. 205.1 of the Criminal Code of the Russian Federation

1. Inducing, recruiting or otherwise involving a person in committing at least one of the crimes provided for in Article 205.2, parts one and two of Article 206, Article 208, parts one to three of Article 211, Articles 220, 221, 277, 278, 279 and 360 of this Code, arming or preparing a person for the purpose of committing at least one of these crimes -

shall be punishable by imprisonment for a term of five to fifteen years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.

1.1. Inducing, recruiting or otherwise involving a person in the commission of at least one of the crimes provided for in Articles 205, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211 of this Code, arming or preparing a person for the purpose of committing at least one of of these crimes, as well as financing of terrorism -

shall be punishable by imprisonment for a term of eight to fifteen years with a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to four years, or without it, or by life imprisonment.

2. Acts provided for in parts one or one.1 of this article, committed by a person using his official position, -

shall be punishable by imprisonment for a term of ten to twenty years with a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to five years, or without it, or by life imprisonment.

3. Assisting in the commission of at least one of the crimes provided for in Article 205, part three of Article 206, part one of Article 208 of this Code, -

shall be punished by imprisonment for a term of ten to twenty years.

4. Organizing the commission of at least one of the crimes provided for in Articles 205, 205.3, parts three and four of Article 206, part four of Article 211 of this Code, or directing its commission, as well as organizing the financing of terrorism -

shall be punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years or life imprisonment.

Notes. 1. In this Code, the financing of terrorism is understood as the provision or collection of funds or the provision of financial services with the understanding that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5 , 206, 208, 211, 220, 221, 277, 278, 279 and 360 of this Code, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or for providing for an organized group, illegal armed formation, criminal community (criminal organization) created or being created to commit at least one of these crimes.

1.1. In this article, aiding is understood as deliberate assistance in the commission of a crime by advice, instructions, provision of information, means or instruments for committing a crime, or removing obstacles to its commission, as well as a promise to hide the criminal, means or instruments for committing a crime, traces of a crime or objects obtained by criminal means, as well as a promise to purchase or sell such items.

2. A person who has committed a crime under this article is exempt from criminal liability if he, by timely reporting to the authorities or otherwise, contributed to the prevention or suppression of a crime that he financed and (or) the commission of which he contributed to, and unless his actions contain otherwise corpus delicti.

Commentary on Article 205.1 of the Criminal Code of the Russian Federation

1. The public danger of a crime lies in undermining the foundations of public safety, in creating physical and (or) material conditions for the commission of one or more criminal acts of a terrorist nature (Articles 205, 206, 208, 211, 277, 360), in giving the commission of such actions of an active nature.

2. The commented article consists of two parts, reflecting the main and qualified elements of the crime, respectively. The article is accompanied by notes in which: a) the concept of “terrorism financing” is disclosed (clause 1); b) the possibility is provided for the release of a person from the supervised release if he, by timely reporting to the authorities or otherwise, contributes to the prevention or suppression of a crime of a terrorist nature. Moreover, such a possibility becomes real only if the person’s behavior does not contain another corpus delicti. For more details, see Part 2 of Art. 75. The procedural conditions for terminating criminal prosecution on this basis are reflected in Part 2 of Art. 28 Code of Criminal Procedure.

2.1. The actions described in part 1 comment. articles belong to the category of grave crimes, and in part 2 - to particularly grave crimes.

3. The main object of a criminal attack is the security of society guaranteed by the state. At the same time, the foundations of the constitutional order and security of Russia, as well as the interests of the world community and the security of all mankind, may be jeopardized.

4. The objective side of the crime is expressed in the form of action - in the implementation of any alternative active behavior: a) inducement, recruitment or other involvement of a person in the commission of at least one of the crimes reflected in Art. 205, 206, 208, 211, 277 - 279, 360; b) arming or preparing a person for the purpose of committing at least one of these crimes; c) financing of terrorism.

5. The elements of a crime have a formal legislative structure. The crime is completed (by elements) at the moment of commission of at least one of the listed actions, regardless of the occurrence of material socially dangerous consequences.

6. Inducing a person to commit at least one of those specified in part 1 of the comment. Articles of crime involve the intellectual or physical influence of the perpetrator on an individual through persuasion, persuasion, promises, threats, violence and other means in order to obtain his consent to commit the relevant crime. Here, the crime should be recognized as completed (compounded) at the moment of obtaining the person’s consent to commit the crime.

7. On recruitment, see paragraph 6.2 of the commentary. to Art. 127.1.

8. For other involvement (methods of involvement) of a person in the commission of a crime, see the commentary. to Art. 150. In this case, the crime is completed (by composition) at the moment of obtaining the consent of the person involved to commit at least one of the crimes reflected in Art. 205, 206, 208, 211, 277 - 279, 360.

9. Arming or preparing a person for the purpose of committing at least one of the crimes specified in the disposition of the comment. article means either creating conditions for the commission of a given crime by providing firearms, cold steel, gas or other types of weapons, explosives, explosive devices (for more details, see the Law on Weapons), or transferring knowledge, skills, skills to a potential subject of a criminal attack. When performing the above actions, the crime should be considered completed (compounded) at the moment of handing over the weapon to the relevant person and the beginning of a training session (instruction) with him.

10. Financing of terrorism involves the transfer (transfer) to an individual or organization of funds in currency equivalent for the implementation of a terrorist act, for the activities of a criminal organization. Here, the crime is completed (by composition) at the moment of receipt of material resources by the person preparing or committing a terrorist act, or by a participant in a criminal organization.

11. In part 2 comments. The article currently contains only one feature that aggravates the criminal offense for committing this crime: the use by a person of his official position. Repeatability as a form of plurality of crimes is excluded from Part 2 of the Federal Law of December 8, 2003 N 162-FZ.

11.1. On the use by a person of his official position, see paragraph 7.2 of the commentary. to Art. 221.

12. The subjective side of the crime is characterized by guilt in the form of intent, and direct intent. In other words, the person who commits active criminal behavior is aware of the social danger of his act and wants to do just that.

12.1. If conditions are created for the fulfillment of the comments specified in the disposition. article of crimes by arming or training potential participants in criminal acts, the goal of committing crimes under Art. 205, 206, 208, 211, 277 - 279, 360. When a person is involved in the commission of at least one of the listed crimes, the purpose of criminal behavior - the commission of the specified crime or obtaining consent to cooperate for its commission - is implied.

13. The general subject of a criminal offense is a sane individual who has reached the age of 16 at the time of the commission of the crime.

Another comment on Art. 205.1 of the Criminal Code of the Russian Federation

1. The objective side of the crime is formed by one of the following actions: a) inducement, recruitment or other involvement of a person in the commission of at least one of the crimes provided for in Art. Art. 205, 206, 208, 211, 277, 360 CC; b) arming or preparing a person for the purpose of committing at least one of these crimes; c) financing of terrorism.

Inducement consists of persuading another person to commit one or more crimes listed in this article. Methods of inducement can be different, including the use of mental violence.

Recruitment is an activity (searching, campaigning, enrolling those interested, sending them to a place of training, etc.) to attract one or more persons to participate in the commission of at least one of the crimes listed in Part 1. During recruitment, the use of any violence is excluded.

Other involvement of a person in the commission of a crime of a terrorist nature means the commission of actions aimed at inciting in the person a desire to commit one of these crimes. Involvement can be recognized as a collective concept that includes inducement and recruitment, as well as other forms of involvement (for example, coercion, deception, etc.).

Arming or preparing a person for the purpose of committing crimes of a terrorist nature consists of any actions related to providing the person with weapons, ammunition, explosives or explosive devices, or conducting special training with the person.

The concept of financing is given in note 1.

2. The crime is completed from the moment the actions forming it are committed, regardless of whether the person involved (induced, recruited) committed at least one of the specified crimes.

3. Part 3 punishes complicity in committing a terrorist act as an independent crime. This aiding is qualified only under Part 3 of Art. 205.1 of the Criminal Code of the Russian Federation without reference to Art. 33 of the Criminal Code of the Russian Federation. The concept of complicity given in Note 1.1 coincides with Part 5 of Art. 33 of the Criminal Code, although in Part 3 of Art. 205.1 of the Criminal Code of the Russian Federation mistakenly omitted the words “given in advance” in relation to promises, which, nevertheless, should be implied here to distinguish this composition from Art. 316 of the Criminal Code of the Russian Federation.

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Theft is a secret way of stealing property ( Article 205 of the Criminal Code of the Republic of Belarus). Theft is the most common method of theft, and the most common type of crime in the judicial practice of the Republic of Belarus.

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Article 205 of the Criminal Code of the Republic of Belarus consists of four parts, which have the following content:

Alternatives to a person’s behavior when committing theft are described in paragraph 3 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated December 21, 2001 No. 15 (hereinafter referred to as the Supreme Court Ruling).

The actions of a person contain the elements of a crime provided for Article 205 of the Criminal Code of the Republic of Belarus (theft) in cases where the culprit:

• steals someone else's property in the absence of unauthorized persons and realizes that he is performing the specified actions in this way;
  Example 1: A. steals a bicycle at the entrance of a house in the absence of unauthorized persons.
• takes possession of someone else's property in the presence of a stranger who does not realize the illegality of his behavior;
  Example 2: P., while in the waiting room of the railway station, stole luggage belonging to K. At the same time, the people who were in the waiting room did not realize that theft was being committed, but believed that P. took his own luggage and P. was aware of this.
• takes possession of someone else's property in the presence of strangers who are aware of the illegality of his behavior, but he does not realize this;
  Example 3: a stranger understands that the culprit committed theft, fears the revenge of the criminal, who is sure that he is acting secretly.
• According to paragraph 4 of the Supreme Court Rules, theft of property is not open (robbery) if committed in the presence of persons from whom the perpetrator had no reason to fear opposition and exposure.
  Example 4: V., while at work, took advantage of the fact that victim A. had fallen asleep, and openly, in the presence of G., stole a mobile phone from his jacket. V. and G. are brothers, due to which V. was not afraid of being exposed for committing theft. Therefore, V.’s actions must be qualified as theft (Article 205 of the Criminal Code of the Republic of Belarus).

In cases where actions that began as theft are discovered by the victim or other persons and, despite this, are continued by the perpetrator in order to take possession of property or retain it, then such an act should be qualified as robbery, and in the case of the use of violence dangerous to life or health, or the threat of its use - robbery.

Example 5: A. was convicted under Part 1 of Article 206 of the Criminal Code of the Republic of Belarus as having committed open theft of shoes from a shopping pavilion, under the following circumstances. A. helped the saleswoman in the pavilion lay out things. During the work, the saleswoman went to drink coffee. During the specified period, A. attempted to steal shoes from the store, however, before leaving the pavilion, a buyer saw him. The buyer tried to stop the illegal activity, but A. was able to escape with the stolen property. These actions were qualified by the court as robbery.

Thus, the key feature theft (Article 205 of the Criminal Code of the Republic of Belarus), as a method of theft, is the secret taking of someone else's property.