What the article 119 of the criminal code

St. 119 of the criminal code of Russian Federation "Threat by murder or causing of heavy harm to health" is always the subject of controversy in interpretation: how to discern the signs of its composition with such a similar attempted murder and causing bodily harm of various degrees of severity.

You will need

• - Criminal code of the Russian Federation;
• the textbooks on criminal law.

Instruction

1. Article 119 of the criminal code includes two parts. The first entity may be any person under 16 years of age, while the second limits the number of guilty participants a subjective side, which is expressed in racism, nationalism and other inter-social prejudices.
2. The essence of the objective side of article 119 is spoken out loud or expressed in another way the death threats, combined with the problems of the object of fear for their lives. In contrast, the attempt may not be marked with: the perpetrator comes to his victim and shoots a gun or make other ambiguous action aimed at depriving her of life, while the latter may not even guess his intentions and do not have time to be scared.
3. The infliction of the same injury is characterized by injury, which is the ultimate goal. For example, non-threatening knife wound. But if it were spoken aloud the words "I'll fucking kill you", even if their blurts entity has no such intention and expresses them in a fit of anger, the offense falls under article 119.
4. Promise to kill may not qualify as a threat unless there is sufficient reason. Concrete is a gun, including unloaded, directed toward the victim or minor physical injuries, as well as documented evidence: the testimony of witnesses, the quality of recording left on the phone, SMS, letter.
5. A mandatory feature of the crime is also the reality of the threats the victim has cause to fear for his life: it is inferior in strength and size of the perpetrator, is with him as long provable confrontation. Only this one she experiences is not enough.
6. The ultimate goal of the crime is not murder, but merely the intimidation of a victim, bringing it to a state of panic and the presence of the constant discomfort and feelings of fear that can be recorded by the attending doctor made the official diagnosis. That is why the lack of ammo in the gun is not a mitigating circumstance.