Terrorist act. Promotion of terrorist activities

Firstly, this article has been given a new title. Before amendments and additions were made to the Criminal Code in July 2006, it was called “Involvement in the commission of crimes of a terrorist nature or other assistance in their commission.”

Secondly, the content of the objective side of the crime has been clarified:

The forms of expression of a criminal act are detailed. Now we are talking not only about involvement in the commission, but also about inducing and recruiting a person to participate in the commission of at least one of the crimes listed in the disposition of the article;

The list of crimes for involvement in which is punishable under Art. 205.1, it also includes Art. 278, 279 CC;

The “training” attribute has been replaced by the “preparation” attribute;

Instead of the concept of “financing an act of terrorism or a terrorist organization,” the concept of “financing of terrorism” was introduced, which was defined in the new note 1 to Art. 205.1.

At the same time, in the disposition of Part 1 of Art. 205.1 of the Criminal Code (in the new edition) there is no indication of liability for inducing a person to participate in the activities of a terrorist organization. This, however, does not mean that the act is decriminalized1. (In accordance with Article 1 of the Federal Law “On Combating Extremist Activities,” terrorist activity is considered one of the manifestations of extremism. The implementation of terrorist activity serves as the basis for recognizing an organization as terrorist, which is one of the types of extremist organization.)

Criminal liability for organizing an extremist organization is established in Art. 282.2 of the Criminal Code. The objective side of this crime is expressed in the organization of the activities of a public or religious association or other organization in respect of which the court made a decision that has entered into legal force to liquidate or prohibit activities in connection with the implementation of extremist, including terrorist activities. The organization of activities can be expressed, in particular, in inducement to participate in the activities of a terrorist organization. Consequently, actions to induce a person to participate in a terrorist organization are subject to qualification under Art. 282.2 without reference to Part 4 of Art. 33 of the Criminal Code.

The objective side of the crime under Part 1 of Art. 205.1 of the Criminal Code, defined as:

1) inducing a person to commit a crime of a terrorist nature, which covers: deliberate actions aimed at creating in a person a desire to participate in crimes of a terrorist nature through persuasion, requests, offers, deception, etc.;

2) recruitment, i.e. actions aimed at concluding an agreement on the paid participation of a person in committing crimes of a terrorist nature 1 ;

3) other involvement, i.e. actions related, for example, to the formation in a person of a desire to participate in the commission of a crime of a terrorist nature under the influence of religious propaganda, etc.;

4) weapons, i.e. actions aimed at providing a person with weapons, including explosives, chemicals, poisonous and other substances necessary to commit a crime of a terrorist nature;

5) preparation, i.e. transmission of educational information about the rules for using weapons, explosives, training in handling weapons, conducting military operations, committing crimes of a terrorist nature, etc.;

6) financing of terrorism, i.e. provision or collection of funds or provision of financial services with the knowledge that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Art. 205, 205.1, 205.2, 206, 208, 211, 277, 278, 279 and 360, or to support an organized group, illegal armed group, criminal community (criminal organization) created or being created to commit at least one of these crimes (note 1 to Article 205.1 of the Criminal Code).

However, it should be borne in mind that Art. 208 of the Criminal Code also contains instructions on liability for financing an illegal armed group.

We believe that in order to differentiate the compositions provided for in Art. 205.1 and 208 of the Criminal Code, and the correct qualification of the offense must take into account the following circumstances.

In the event that an armed group did not carry out activities to prepare and commit crimes listed in note 1, but was created for other purposes (for example, for self-defense, protection of something or someone), the actions of those responsible for its financing are subject to legal assessment only under Art. 208 of the Criminal Code.

If the activities of a stable armed group are associated with terrorism, then the actions of persons financing it must be qualified under Art. 205.1 CC.

The corpus delicti provided for in Art. 205.1 of the Criminal Code, designed as formal. The crime is completed from the moment the actions listed in the disposition are committed; the onset of socially dangerous consequences is not required.

The subjective side of the crime is characterized by guilt in the form of direct intent.

For liability for weapons or training, it is necessary to establish that they were carried out for the purpose of committing at least one of the crimes listed in the disposition of the article.

7135

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.

Criminal lawyer:
220052, Minsk, st. Gursky, 46, office. 310 (Mikhalovo metro station)
tel.: +37529 569 85 66.

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.

1. Inducing, recruiting or otherwise involving a person in committing at least one of the crimes provided for in Articles 205, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of this Code , arming or preparing a person for the purpose of committing at least one of these crimes, as well as financing terrorism -

shall be punishable by imprisonment for a term of five to ten 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.

2. The same acts committed by a person using his official position, -

shall be punishable by imprisonment for a term of eight to fifteen years, with or without 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.

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.

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

The object of the crime is public safety.

The objective side of the crime (Part 1 of the article) consists of a number of alternative actions: 1) inducement; 2) recruitment; 3) other involvement of a person in the commission of at least one of the crimes provided for in the articles of the Special Part of the Criminal Code of the Russian Federation: 205 “Terrorist act”, 206 “Hostage taking”, 208 “Organization of an illegal armed group or participation in it”, 211 “Hijacking of an aircraft or water transport or railway rolling stock", 277 "Encroachment on the life of a state or public figure", 278 "Forcible seizure of power or forcible retention of power", 279 "Armed rebellion" and 360 "Attack on persons or institutions enjoying international protection"; 4) arming or 5) preparing a person to commit at least one of these crimes; 6) financing of terrorism.

The objective side of the crime provided for in Part 1 of Art. 205.1 of the Criminal Code of the Russian Federation, was amended by Federal Law of July 27, 2006 N 153-FZ. This was done in order to bring the provisions of the criminal law into compliance with the norms of the Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism” (as amended on May 3, 2011).

Part 3 Art. 205.1 of the Criminal Code of the Russian Federation contains an independent corpus delicti - complicity in the commission of a terrorist act. The content of such actions is disclosed in note 1.1 to the article. This is assistance in the commission of a terrorist act 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 a criminal, means or instruments for committing a crime, traces of a crime or objects obtained by criminal means, as well as a promise to acquire or sell such items.

The person performing this act provides assistance in committing a terrorist act either to the sole perpetrator of the terrorist attack, or thus assists a group of persons in a preliminary conspiracy committing a terrorist attack. If it is part of an organized group or criminal community preparing a terrorist attack, then the act must be qualified under paragraph “a” of Part 2 of Art. 205 of the Criminal Code of the Russian Federation as a terrorist act committed by an organized group of persons.

The commented article of the Criminal Code of the Russian Federation establishes liability for promoting terrorist activities. Terrorist activities in accordance with Art. 3 of the said Law includes:

a) organization, planning, preparation, financing and implementation of a terrorist act;

b) incitement to a terrorist act;

c) organization of an illegal armed group, a criminal community (criminal organization), an organized group for the implementation of a terrorist act, as well as participation in such a structure;

d) recruitment, arming, training and use of terrorists;

e) informational or other assistance in the planning, preparation or implementation of a terrorist act;

f) propaganda of ideas of terrorism, dissemination of materials or information calling for terrorist activities or justifying or justifying the need for such activities.

Federal Law of December 6, 2006 N 35-FZ “On Countering Terrorism” (as amended on December 30, 2008) // SZ RF. 2006. N 11. Art. 1146.

Thus, the content of Art. 205.1 of the Criminal Code of the Russian Federation is somewhat narrower than its name, since, for example, it does not cover such manifestations of terrorist activity as involvement in the commission of a crime under Art. 205.2 “Public calls for terrorist activities or public justification of terrorism” of the Criminal Code of the Russian Federation, propaganda of ideas of terrorism.

In fact, the objective side of facilitating terrorist activities manifests itself in three directions:

1) involvement in the commission of a crime specified in the article in question of the Criminal Code of the Russian Federation;

2) arming or preparing a person for the purpose of committing such a crime;

3) financing of terrorism.

Inducement and recruitment are types of involvement in the commission of a terrorist crime.

Inducement is understood as an inducement to commit any actions aimed at forming in another person the intention to commit a certain act. This is instilling in another person the idea of ​​the desirability, necessity, and profitability of a certain behavior, i.e. the process of influencing the will and intellect of the performer. Induction occurs through persuasion, persuasion, arousing feelings of revenge, envy, i.e. in non-violent ways. For the presence of the composition of inducement, it does not matter what role the inducement person intends to perform in the crime. This may be direct participation in the execution of the objective side of a crime of a terrorist nature or complicity in the commission of such a crime. For example, a person may be inclined to commit acts of terrorism, which include planting an explosive device in a public place, or he may be inclined to take part in the commission of such a crime by manufacturing an explosive device and handing it over to the perpetrators. In both cases, the actions of the person who persuaded him to participate in the commission of a terrorist act constitute assistance to terrorist activity and constitute a crime under Art. 205.1 of the Criminal Code of the Russian Federation.

Recruitment means hiring people to perform a specific service, to perform the required actions. The terms of such employment are determined by the parties. The agreement can be concluded either in writing or orally.

Paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 No. 1 states: “...By inducing, recruiting or otherwise involving a person in the commission of at least one of the crimes listed in Part 1 of Article 205.1 of the Criminal Code of the Russian Federation, should be understood, in particular, as deliberate actions aimed at involving a person in the commission of one or more of these crimes, for example, through persuasion, persuasion, requests, proposals (including those committed by posting materials on various media and disseminating through information and telecommunication networks) , the use of physical force or by searching for persons and involving them in the commission of at least one of these crimes."

The objective side of the crime is also formed by other involvement of a person in the commission of a crime.

In accordance with Art. 205.1 of the Criminal Code of the Russian Federation, the involvement of a person in the commission of the above crimes forms an independent crime. From the perspective of the institution of complicity, the actions listed in the norm in question can be assessed as the actions of an accomplice and instigator. But in addition, they can also be preparatory actions for committing specific crimes, for example, taking a hostage, organizing an illegal armed group, etc. Therefore, the act of the perpetrator is subject to assessment from the standpoint of the presence of corpus delicti under Art. 205.1 of the Criminal Code of the Russian Federation, and from the position of committing another specific crime. In this regard, if, for example, a person is persuaded to commit a specific crime, the actions of the perpetrator are subject to qualification not only under Art. 205.1 of the Criminal Code of the Russian Federation, but also as preparation for the commission of this crime, and if it is committed, then as incitement to commit a crime or as the actions of an organizer in the presence of appropriate circumstances.

Other involvement in the commission of a crime is committed through blackmail, the use of violence or the threat of its use, or the use of the financial or other dependence of the victim.

Inducement, recruitment, involvement are formal crimes and are completed from the moment of committing actions aimed at inducing a person to commit a crime under Art. Art. 205, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, regardless of whether it was possible to involve the person in committing the objective side of at least one of these crimes.

Under arms in Part 1 of Art. 205.1 of the Criminal Code of the Russian Federation refers to the supply of weapons, ammunition, explosives and explosive devices, radioactive substances, nuclear materials, military equipment, etc. to persons participating in terrorist activities. for the purpose of committing at least one of the crimes listed in this article.

Preparation of persons for the purpose of committing crimes specified in Part 1 of Art. 205.1 of the Criminal Code of the Russian Federation, consists of training in the rules of handling weapons, ammunition, explosive devices, communications, rules of warfare, as well as conducting relevant briefings, training, shooting, exercises, etc. Committing a crime by means of weapons, preparation or financing also falls under the category of formal offenses. The crime will be completed from the moment the specified actions are committed.

Committing a crime by means of weapons, preparation or financing also falls under the category of formal offenses. The crime will be completed from the moment the specified actions are committed.

The objective side of the crime is the financing of terrorism. Terrorism is an ideology of violence and the practice of influencing decision-making by state authorities, local governments or international organizations, associated with intimidation of the population and (or) other forms of illegal violent actions.

The concept of terrorist financing is given in Note 1 to Art. 205.1 of the Criminal Code of the Russian Federation. This is the provision or collection of funds or the provision of financial services with the knowledge 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, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, or to support an organized group, illegal armed group, criminal community (criminal organization) created or being created to commit at least one of these crimes . As can be seen from a comparison of the concept of terrorism and the concept of terrorist financing given by the Criminal Code of the Russian Federation, in the latter version terrorism is understood somewhat narrower, since when speaking about financing, the legislator means, for example, not the ideological research of apologists of terrorism, but the financing of the preparation or commission of a specific crime or specific criminal group. Thus, in relation to this type of assistance to terrorist activities, such as terrorist financing, we can talk about aiding in the commission of a specific crime.

Paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 No. 1 states: “The financing of terrorism should be recognized, along with the provision of financial services, the provision or collection of not only funds (in cash or non-cash form), but also material resources (for example, items of uniform, equipment, communications) with the knowledge that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Art. 205, 205.1, 205.2, 206, 208, 211, 277 278, 279 and 360 of the Criminal Code of the Russian Federation, or to support an organized group, illegal armed group, criminal community (criminal organization), created or being created to commit at least one of these crimes (for example, systematic deductions or a one-time contribution to the general treasury, purchase of real estate or payment of the cost of its rent, provision of funds intended to bribe officials)."

Financing of terrorism according to the design of the objective side is a formal composition. The crime is completed from the moment the actions specified in Note 1 to Art. 205.1 of the Criminal Code of the Russian Federation, regardless of the fact that, for example, when collecting funds, they may not go to their intended destination in the future.

The condemnation of the financing of terrorism is enshrined in the International Convention for the Suppression of the Financing of Terrorism of December 9, 1999. According to this document, any person commits a crime if he, by any means, directly or indirectly, unlawfully and intentionally, provides funds or collects them with the intention that they should be used, or with the knowledge that they will be used in whole or in part for the commission of crimes specified in the Convention (Article 2). In this case, funds are understood as assets of any kind, tangible or intangible, movable or immovable, regardless of the method of their acquisition, as well as legal documents or acts in any form, including electronic or digital, certifying the right to such assets or participation in them , including bank loans, traveler's checks, bank checks, postal orders, shares, securities, bonds, bills of exchange, letters of credit. But the concept of means is not limited to the above definitions (Article 1 of the Convention).

NW RF. 2003. N 12. Art. 1059.

The subjective side of a crime is characterized by direct intent, when a person is aware of the social danger of the actions being performed and wants to commit them. A mandatory feature when arming or training a person is the purpose - committing crimes of a terrorist nature, provided for in Art. Art. 205, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation

The general subject of the crime is a sane person who has reached the age of 16 years.

The qualifying feature of a crime (Part 2 of Article 205.1 of the Criminal Code of the Russian Federation) is its commission by a person using his official position.

Persons using their official position (Part 2 of Article 205.1 of the Criminal Code of the Russian Federation) should include both officials and civil servants and employees of local government bodies who are not classified as officials, as well as persons permanently, temporarily or temporarily special authority to perform organizational, administrative or administrative functions in a commercial organization, regardless of the form of ownership, or in a non-profit organization that is not a state or municipal institution.

Use of official position when committing crimes under Art. 205.1 of the Criminal Code of the Russian Federation, 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 Resolutions of February 9, 2012 No. 1).

In accordance with Note 2 to Art. 205.1 of the Criminal Code of the Russian Federation, a person who has committed a crime under this article is exempt from criminal liability if he, by timely reporting to the authorities or in another way, contributed to the prevention or suppression of a crime that he financed and (or) the commission of which he contributed to, and if the actions of this person did not contains a different corpus delicti.

In this case, it follows from the text of the law that the actual prevention of a financed crime or a crime in the commission of which other assistance was provided is a prerequisite for the application of the note (this issue is discussed in more detail in relation to the note to Article 205 of the Criminal Code of the Russian Federation).

At the same time, it should be noted that the content of this note and similar provisions in relation to other articles of the Criminal Code of the Russian Federation do not fully comply with the provisions of Art. 31 of the Criminal Code of the Russian Federation on voluntary renunciation of a crime. In practice, the note in question talks about the release from criminal liability of a person who acted as an instigator or accomplice in the commission of a specific crime of a terrorist nature, specified in the disposition of Part 1 of Art. 205.1 of the Criminal Code of the Russian Federation. In this case, both the instigator and the accomplice are subject to the condition of preventing or suppressing the crime, i.e. failure to commit a crime by the perpetrator. A similar condition is established in relation to the instigator in Part 4 of Art. 31 of the Criminal Code of the Russian Federation. But in relation to an accomplice, such a condition is not set in the general norm. He is considered not liable if he has taken all measures within his power to prevent the commission of a crime. It seems that this is exactly the approach that should be used when deciding on the release from criminal liability of a person who contributed to terrorist activities in the form of complicity.

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.

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

1. The objective side of the crime is characterized by the commission of the following alternative actions: a) involvement of a person in the commission of a crime under Art. Art. 205, 206, 208, 211, 277 and 360 of the Criminal Code; b) inducing a person to participate in the activities of a terrorist organization; c) arming or training a person for the purpose of committing these crimes; d) financing an act of terrorism or a terrorist organization.

2. Involvement means actions aimed at inciting in a person a desire to participate in the commission of at least one of the crimes of a terrorist nature: a terrorist act, hostage-taking, organizing an illegal armed group or participating in it, hijacking an air or water transport vessel or railway rolling stock, assault on the life of a statesman or public figure, or attacks on persons or institutions enjoying international protection.

3. Inducement to participate in the activities of a terrorist organization should be understood as actions aimed at inciting another person’s desire to become part of an organization of a terrorist nature and take part in its activities. Participation can take different forms: personal commission of terrorist crimes, material or organizational support for them, development of plans to commit them, etc.

Involvement and inducement can only be expressed in actions: persuasion, promises, bribery, deception, mental or physical violence, arousing feelings of revenge, envy, hatred, etc.

4. A terrorist organization is an organization created for the purpose of carrying out terrorist activities (preparation and implementation of terrorist acts, incitement to violence against individuals or organizations, destruction of material objects for terrorist purposes, etc.).

5. Armament means the supply and provision of terrorists with means of destroying people or destroying material objects - firearms and bladed weapons, military equipment, explosives and explosive devices, etc.

6. Training can be expressed in the development of relevant persons with the necessary skills in handling weapons and explosives, the ability to use them in military operations; in instilling military discipline, etc.

7. Financing means the provision or collection of funds or the provision of financial services (opening bank accounts, performing financial transactions to meet the needs of terrorists, etc.) with the knowledge 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, 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 at least one of the listed crimes (note 1 to Article 205.1).

8. The crime is completed from the moment of commission of any of the indicated alternative actions.

9. The subjective side of the crime is characterized by direct intent. The arming and training of a person must be carried out for the purpose of committing a crime under Art. Art. 205, 205.1, 205.2, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code.

10. The subject of the crime is a person who has reached the age of 16 years.

11. A qualified type of crime is the commission of an act using one’s official position (see commentary to paragraph “c” of Part 2 of Article 127.1, paragraph “c” of Part 2 of Article 127.2, etc.).

12. As an independent crime in Part 3 of Art. 205.1 provides for assistance in committing a terrorist act (Article 205 of the Criminal Code). The concept of complicity given in Note 1.1 to the article under comment coincides with a similar concept contained in Part 5 of Art. 33 of the Criminal Code (see comments to this article).

13. In note 2 to Art. 205.1 contains an incentive norm, according to which a person who has committed a crime under Art. 205.1 of the Criminal Code, is exempt from criminal liability if it, by voluntary and timely notification to the authorities or in another way, contributed to the prevention of an act of terrorism or the suppression of a crime that it financed and (or) the commission of which it contributed to, and if its actions do not contain another crime. Characteristics of the conditions for applying Note 2 to Art. 205.1 is similar to the description of the conditions in the note to Art. 205 of the Criminal Code.