Criminal Code (Russia)
The Criminal Code of the Russian Federation ( Russian Уголовный кодекс Российской Федерации, УК РФ ) is the sole codification of substantive criminal law , the requirements and legal consequences of criminal activity in the Russian Federation . A Nebenstrafrecht does not exist in Russia. Administrative offenses are regulated in the Russian Code of Administrative Offenses .
The Criminal Code was adopted by the State Duma on May 24, 1996 and signed by Russian President Boris Yeltsin on June 13, 1996 . It came into force on January 1, 1997 and was amended by 41 laws by 2007. Before that, the Russian Federal Socialist Soviet Republic (RSFSR) was governed by the Criminal Code ( Ugolownyj Codex ) of November 22, 1926.
With the overcoming of socialism and the state economy , the new penal code has repealed around 80 offenses. The section “Crimes against socialist property” and all penal provisions that prohibited private commercial activities and granted the unilateral protection of the state economy have been abolished. In return, around 70 new offenses were introduced.
The ongoing social transformation is also expressed in an ongoing criminal law reform.
The Criminal Code of the Russian Federation (StGB RF) is divided into two main parts:
- Section I. Criminal Code
- Chapter 1. Objectives and principles of the Criminal Code of the Russian Federation (Articles 1-8)
- Chapter 2. Application of Criminal Law in Time and Space (Articles 9-13)
- Section II. Offense
- Chapter 3. Concept of crime and misdemeanor (Articles 14-18)
- Chapter 4. Persons responsible for criminal law (Articles 19-23)
- Chapter 5. Guilt (Articles 24-28)
- Chapter 6. Unfinished Offenses (Articles 29-31)
- Chapter 7. Complicity (Articles 32-36)
- Chapter 8. Circumstances excluding the criminality of an act (Articles 37-42)
- Section III. punishment
- Chapter 9. Concept and purpose of punishment. Types of Penalties (Articles 43-59)
- Chapter 10. Conviction (Articles 60-74)
- Section IV. Exemption from criminal liability and punishment
- Chapter 11. Release from Criminal Responsibility (Articles 75-78)
- Chapter 12. Exemption from Punishment (Articles 79-83)
- Chapter 13. Amnesty, pardon, criminal record (Articles 84–86)
- Section V. Criminal Liability of Minors
- Chapter 14. Criminal liability and punishment of minors (Articles 87-96)
- Section VI. Measure of improvement and security
- Chapter 15. Preventive detention in a medical institution (Articles 97-104)
- Chapter 15.1. Confiscation of property (Articles 104.1-104.3)
- Section VII. Offenses against personality
- Chapter 16. Offenses against life and health, such as assaulting family members (Articles 105–125)
- Chapter 17. Offenses against Freedom and Honor (Articles 126-130)
- Chapter 18. Offenses against sexual integrity and self-determination (Articles 131-135)
- Chapter 19. Offenses against Constitutional Rights and Freedoms of Man (Articles 136-149)
- Chapter 20. Crimes against family and childhood (Articles 150–157)
- Section VIII. Economic Offenses
- Chapter 21. Offenses Against Property (Articles 158-168)
- Chapter 22. Offenses in the field of economic activity (Articles 169-200)
- Chapter 23. Offenses against the interests of commercial and other organizations (Articles 201-204)
- Section IX. Offenses against public safety and order
- Chapter 24. Public Security Offenses (Articles 205-227)
- Chapter 25. Offenses against Public Health and Morality (Articles 228-245)
- Chapter 26. Environmental crime (Articles 246-262)
- Chapter 27. Offenses against the safety and operation of transport (Articles 263-271)
- Chapter 28. IT offenses (Articles 272-274)
- Section X. Offenses against the State
- Chapter 29. Offenses against the constitutional order and security of the state (Articles 275-284)
- Chapter 30. Offenses Against State Government, Public Service Interests, and Local Governments (Articles 285-293)
- Chapter 31. Offenses against Justice (Articles 294-316)
- Chapter 32. Offenses against public order (Articles 317-330)
- Section XI. Offenses against conscription
- Chapter 33. Offenses against conscription (Articles 331-352)
- Section XII. Crimes against the peace and security of mankind
- Chapter 34. Offenses against the Peace and Security of Mankind (Articles 353-360)
Requirements and legal consequences of criminal behavior
In contrast to the German three-tier structure of offense , illegality and guilt , four elements of the crime are checked in Russia: the object of the crime, the objective side of the crime, the subject of the crime and the subjective side of the crime.
The object of the offense denotes the legal interest protected by criminal law , such as the property protected by the offense of fraud in Art. 159 StGB RF. The objective side of the offense means the act that has led to a certain outcome . There must be a causal relationship between the two. The subject of the crime includes the general characteristics of the offender, such as: B. the criminal responsibility and the culpability , as well as the special characteristics such. B. the civil servant status for official offenses . The main element of the subjective side of the crime is guilt. Art. 24 StGB RF differentiates between two possible types of guilt: intent and negligence , in the case of intent, in turn, direct and indirect intent.
If necessary, in addition to these four elements, other reasons are examined that exclude the character of an act as a criminal offense, but in Russian criminal law there is no subdivision of the reasons excluding the offense into justification and reasons for excluding guilt .
The criminal offenses of the StGB RF give the judge an unusually wide scope between very different types of penalties when determining sentences .
Art. 44 StGB RF differentiates according to the wording between:
- Withdrawal of the right to exercise certain offices or to exercise a certain activity
- Withdrawal of a service class, military degree or honorary title, rank and government awards
- since 2005: compulsory work (performance of unpaid socially beneficial work by the convicted person in the free time of up to 240 hours from main occupation or training)
- Correctional work (for a period of up to 2 years at the workplace; the state is entitled to deduct 5–20% from wages in favor of the state treasury)
- Military service restriction
- Restriction of freedom (a prohibition imposed by the court on leaving one's place of residence within a certain period of time, going to certain places or leaving the territory of a certain municipality, attending a venue or a certain event or participating in certain activities, as well as one's place of residence without official approval or to change the workplace)
- Forced labor
- Detention in a military disciplinary unit
- Deprivation of liberty for a certain period or for the commission of a minor or moderate criminal offense and, in the case of first-time offenders of a serious crime, forced labor for up to 5 years instead; In addition to a prison ( tjur'm ) in a settlement colony ( kolonija poselenie ), education colony for young people ( vospitatel'naja kolonija ), corrective health facility ( lečebnoe ispravitel'noe učreždenie ) or a correctional colony ( ispravitel'naja kolonija ), imprisonment can be carried out
- lifelong imprisonment.
On June 4, 1999, then Russian President Boris Yeltsin commuted all pending death sentences to life imprisonment and issued a moratorium on the execution of the death penalty . This was a condition for Russia's admission to the Council of Europe . In November 2009 the Constitutional Court of the Russian Federation banned the use of the death penalty, thereby not only extending the moratorium from 1999, but also abolishing the death penalty. The Russian President's pardon commission was disbanded in 2001.
Compatibility with the European Convention on Human Rights
The European Court of Human Rights (ECHR) in Strasbourg has repeatedly sentenced Russia to pay compensation for violating the European Convention on Human Rights (ECHR), including the conviction of Alexei Anatolyevich Navalny , members of the punk band Pussy Riot and the death of Sergei Leonidowitsch Magnitsky in custody.
- Evgeny Potseluev: The Russian Criminal Code (Ugolovnoje Uloženje) of March 22, 1903. Causes of the adoption and history of its execution. Yearbook of Contemporary Legal History 2016, pp. 211–236
- Isfandiyar B. Aghayev: Russian Criminal Law. Textbook. Leipziger Universitätsverlag , 2017 (English).
- Oleg Jur'ewitsch Schirinsky: The implementation of the procedural guarantees from Art. 6 ECHR in the Russian legal system Univ.-Diss., Düsseldorf 2006
- Text of the law (Russian)
- English translation
- Uwe Hellmann , Alexey Rarog (Ed.): Points of contact in German and Russian criminal law, University of Potsdam, 2013. ISBN 978-3-86956-260-5
- Amnesty International : Russia 2017/18 Amnesty Report, Russian Federation, February 22, 2018
- Dimitri Olejnik: Collar Criminal Law in Russia - Part 1 Ostinstitut Wismar, 2015
- Konstantin Stern: Criminal Code - Уголовный кодекс December 15, 2009
- Code of the Russian Federation on Administrative Offenses of December 30, 2001, N 196-FZ, Sobr.Zak. RF of January 7, 2002, No. 1 (Part 1), Item 1.
- Friedrich-Christian Schroeder : The new Russian penal code . JZ 1997, pp. 19-21
- Criminal Code of the Russian Federation. As of January 1, 2007. German translation and introduction by Friedrich-Christian Schroeder, Duncker & Humblot 2007. ISBN 978-3-428-12420-6
- Wilhelm Gallas (Ed.): Criminal Code of the Russian Socialist Federal Soviet Republic (RSFSR) . Collection of non-German penal codes in German translation, De Gruyter , Reprint 2018. ISBN 978-3111253077
- Dimitri Olejnik: Collar Criminal Law in Russia - Part 1 Ostinstitut Wismar, 2015
- Ugolovnoe pravo Rossii. Praktičeskij course, pod red. AI Bastrykina, Moscow 2007, page 24 (Criminal law of Russia. The practical course)
- Art. 105 Criminal Code dekoder.org , accessed on February 18, 2020
- Reform of Russian Criminal Law - Is Domestic Violence Legal Now? Ostinstitut Wismar, February 28, 2017
- Caroline von Gall: Analysis: Failed for the time being: "Pussy Riot" and the rule of law in Russia Dossier Russia, Federal Agency for Civic Education , November 6, 2012
- Oleg Kashin: Over and over for paragraph 282? dekoder.org , June 16, 2016
- Wienold in: Kindler / Nachmann, Handbuch Insolvenzrecht in Europa , 2013, Rn. 559
- course ugolovnogo prava. Obščaja čast´. Tom 1: Učenie o prestuplenii / Pod red. NF Kuznecovoj, IM Tjazkovoj, Moscow 2002, p. 172 (Course of criminal law. General part. Book 1: Teaching about crime)
- LA Prochorov, ML Prochorova, Ugolovnoe pravo, 1999 (criminal law)
- course ugolovnogo prava. Obščaja čast´. Tom 1: Učenie o prestuplenii / Pod red. NF Kuznecovoj, IM Tjazkovoj, Moscow 2002, p. 173 (Course of Criminal Law. General Part. Book 1: Teaching on Crime)
- Friedrich-Christian Schroeder: The reasons for excluding criminal offenses in Russian law in the light of German criminal law dogmatics , ZStW 2011, p. 82 ff.
- cf. Caroline von Gall: Crime and Punishment - on the legal basis of the penal system in Russia EAST-WEST. European Perspectives (OWEP), 2/2014
- Is the death penalty coming back in Russia? The Daily Mail , November 19, 2009
- Death penalty abolished in Russia Neues Deutschland , November 20, 2009
- Wilfried F. Schoeller: I beg for execution. The pardon commission of the Russian President Deutschlandfunk , May 4, 2003
- Action against Kremlin critic Navalny unlawful: ECHR accuses Russia of political repression before Legal Tribune Online , April 9, 2019
- ECHR on "Pussy Riot" prison sentence: Russia must pay compensation Legal Tribune Online , July 17, 2018
- ECHR in Strasbourg: Russia convicted in the Magnitsky case tagesschau.de , August 27, 2019