What threatens the offender art. 114 of the Criminal Code?
Crimes committed against a person,are considered to be the most serious. Sometimes they bring irreparable harm. During an attack, no one forbids a person to defend himself. But in this case, not only the victim, but also the accused himself, can suffer. Details of this issue are discussed in art. 114 of the Criminal Code.
When a person attacks, he always triesprotect yourself. This happens on a subconscious level. The instinct of self-preservation simply works. At this point, he is in poor control of his actions and can cross the permitted boundaries.
Art. 114 of the Criminal Code examines these cases in more detail. Of course, no one will argue that you can not use force, giving rebuff to the offender. It would be illogical. If a person is attacked, he is in a situation where you need to choose between your own safety and the possible consequences of the committed deed. The law allows the offender to respond physically. This is called "necessary defense" and is stipulated in Article 37 of the Criminal Code of the Russian Federation. But sometimes the victim acts with excessive cruelty and causes grave harm to the attacker. And she does it intentionally. Here, and comes into force Art. 114 of the Criminal Code. To apply it, you need to have complete confidence that in this particular situation there was no need for such extreme measures. Excessive cruelty can be fraught with the worst consequences and is never justified.
Art. 114 of the Criminal Code provides, in addition, punishment in the event of serious harm during detention. This part of it is also quite relevant.
The law tries to be fair and punishguilty for their actions, considering all the circumstances. In March 2011, a new law was issued, which introduced significant amendments to the Criminal Code of our country.
After such an adjustment art. 114 of the Criminal Code of the Russian Federation with comments provides the following measures of impacts:
- For the first part, when applying heavy (and mediumseverity) of harm in the event that Article 37 does not apply, a guilty person may be punished with corrective or forced labor, as well as with restrictions or imprisonment for up to 1 year.
- If the same actions were committed at the time when the person made the detention of the guilty person who has already committed the crime, then the same measures can be applied to him, but for a period of up to 2 years.
When passing a final verdict, the judge, of course, carefully examines all the case materials. At the time of the announcement of the verdict, there should be no shadow of doubt in the application of punishment.
Judicial practice under art. 114 of the Criminal Code of the Russian Federation contains many different situations, when the necessary defense passed the boundaries of the reasonable.
For example, one person approached another onstreet and in a crude form tried to take his personal belongings from him. In response, he got a shot at point-blank range or stabbed, and then seriously injured after a long treatment. Sometimes such cases result in death. This option is often found on the streets of major cities. People carry weapons to ensure their own safety. But is this extreme measure justified in this case? Of course not. This is stated in part 1 of this article. A person could try to scare an attacker or easily wound, but he deliberately committed unjustified actions that led to such consequences. Or, for example, a thief runs away with a stolen thing, and the owner or an ordinary passer-by, wanting to help restore justice, kills him with a shot in the back. In this situation, Part 2 is in effect, when the detention of the offender was carried out in a dangerous and excessively cruel way. Both cases have one peculiarity: people defending themselves have crossed a fine line when anger has allowed to forget about justice.