The Criminal Code of the Russian Federation
26/09/2022, 07:19
1. Depending on the nature and degree of social danger, the deeds provided for by this Code shall be divided into crimes of little gravity, crimes of average gravity, grave crimes, and especially grave
crimes.
2. Intentional and careless acts, for the commission of which the maximum penalty stipulated by this Code does not exceed two years deprivation of liberty, shall be recognized as crimes of little
gravity.
3. Qualified as the medium-gravity crimes shall be deliberate offences for whose commitment the maximum punishment stipulated by the present Code does not exceed five years of the deprivation
of freedom, and careless crimes for whose commitment the maximum punishment stipulated by the present Code exceeds two years of the deprivation of freedom.
4. Intentional acts, for the commission of which the maximum penalty stipulated by this Code does not exceed 10 years deprivation of liberty, shall be recognized as grave crimes.
5. Intentional acts, for the commission of which this Code provides a penalty in the form of deprivation of liberty for a term exceeding 10 years, or a more severe punishment, shall be recognized as
especially grave crimes.
Article 16. Abolished
Article 17. Cumulative Punishment
Federal Law No. 73-FZ of July 21, 2004 amended the first part of Article 17 of the present Code
1. The commission of two or more crimes for both of which the person has been convicted, shall be deemed cumulative punishment, except for the instances when the commission of two and more
crimes is provided for by Articles of the Special Part of this Code as a circumstance entailing stricter punishment. In case of the cumulation of crimes, the person shall bear criminal responsibility for
each committed crime under the respective Article or part of Article of this Code.
2. One act (inaction), containing the elements of crimes envisaged by two or more Articles of this Code, shall also be deemed to be a cumulation of crimes.
3. If a crime is covered both generally and specifically, then the cumulation of both crimes shall not be imposed and criminal responsibility shall arise according to the special elements.
Article 18. Recidivism
1. The committing of an intentional crime by a person who has a record of conviction for an intentional crime committed earlier shall be classified as the recidivism of crimes.
2. The recidivism of crimes shall be classified as a dangerous crime in the following cases:
a) when a person has committed a grave crime, for which he is sentenced to a real deprivation of liberty, if earlier this person has been sentenced twice or more times to deprivation of liberty for
intentional medium gravity crimes;
b) when a person has committed an intentional grave crime, if he has been earlier convicted for a grave or especially grave crime to real deprivation of liberty.
3. Recidivism shall be deemed especially dangerous:
a) when a person has committed a grave crime, for which he is sentenced to a real deprivation of liberty, if earlier this person has been convicted twice and sentenced to real deprivation of liberty for
a grave crime;
b) when a person has committed an especially grave crime, if earlier he has been convicted twice for grave crimes or has been convicted for an especially grave crime.
4. When recognizing the recidivism of crime, the following shall not be taken into account:
a) convictions for intentional crimes of little gravity;
b) convictions for crimes committed by a person of the age of less than 18 years;
c) convictions for crimes for which sentences have been recognized as suspended or for which a respite has been granted, if the suspended sentence or the respite have not been reversed and the
person has not been sent for serving a sentence to institutions of confinement, as well as convictions quashed or struck from the criminal record in the procedure established by Article 86 of this
Code.
5. Recidivism shall involve a stricter punishment on the basis of, and within the limits, envisaged by this Code.
Chapter 4. Persons Subject to Criminal Responsibility
Article 19. General Conditions for Criminal Responsibility
Only a sane natural person who has reached the statutory age envisaged by this Code shall be subject to criminal responsibility.
Article 20. The Age of Criminal Responsibility
1. A person who, before the commission of a crime, has reached the age of 16 years shall be subject to criminal responsibility.
Federal Law No. 73-FZ of July 21, 2004 amended the second part of Article 20 of the present Code
2. Persons who, before the commission of a crime, have reached the age of 14 years shall be subject to criminal liability for homicide (Article 105), intentional infliction of grave bodily injury causing a
impairment of health (Article 111), intentional infliction of bodily injury of average gravity (Article 112), kidnapping (Article 126), rape (Article 131), forcible sexual actions (Article 132), theft (Article
158), robbery (Article 161), brigandism (Article 162), racketeering (Article 163), unlawful occupancy of a car or any other transport vehicle without theft (Article 166), intentional destruction or damage
of property under aggravating circumstances (the second part of Article 167), terrorism (Article 205), seizure of a hostage (Article 206),making deliberately false report about an act of terrorism
(Article 207), hooliganism under aggravating circumstances (the second part of Article 213), vandalism (Article 214), theft or possession of firearms, ammunition, explosives, and explosion devices
(Article 226), theft or possession of narcotics or psychotropic substances (Article 229), the distruction of transport vehicles or ways of communication (Article 267).
3. If a minor has reached the age envisaged by the first and second parts of this Article, but in consequence of mental retardation not associated with mental derangement could not fully realize the
actual character or social danger of his actions (inaction) during the commission of a socially dangerous deed, or could not control these actions, then he shall not be subject to criminal responsibility.
Article 21. Insanity
1. A person who, at the time of the commission of a socially dangerous act, was insane, that is, was unable to understand the actual character or social danger of his actions (inaction) or to govern
them as a result consequence of a chronic or temporary mental derangement, mental deficiency or any other mental condition, shall not be subject to criminal responsibility.
2. Compulsory medical treatment, as envisaged in this Code, may be imposed by a court of law on a person who has committed a socially dangerous deed in a state of insanity.
Article 22. Criminal Responsibility of Persons with Mental Derangement that Does Not Equal Sanity
1. A person of sound mind, who during the commission of a crime, by virtue of mental derangement could not in full measure comprehend the actual character and social danger of his actions
(inaction), or control them, shall be subject to criminal responsibility.
2. Mental derangement that does not equal sanity shall be taken into consideration by a court of law when it imposes punishment, and may serve as grounds for the imposition of corrective medical
treatment.
Article 23. The Criminal Responsibility of Persons Who Have Committed Crimes in a State of Intoxication
A person who has committed a crime in a state of intoxication, caused by the use of alcoholic drinks, narcotics, or other stupefying substances, shall be subject to criminal responsibility.
Chapter 5. Guilt
Article 24. Forms of Guilt
1. A person who has committed an act deliberately or carelessly shall be deemed to be guilty of a crime.
2. An act committed negligently shall be recognized as a crime only in cases where this is specially provided for by the relevant Article of the Spesial Part of this code. Special Part of this Code.
Article 25. Crimes Committed Negligently
1. An act committed with express intent or extreme recklessness shall be recognized as crime committed intentionally.
2. A crime shall be deemed to be committed with clear intent, if the person was conscious of the social danger of his actions (inaction), foresaw the possibility or the inevitability of the onset of
socially dangerous consequences, and willed such consequences to ensue.
3. A crime shall be deemed to be committed with indirect intent, if the person realized the social danger of his actions (inaction), foresaw the possibility of the onset of socially dangerous
consequences, did not wish, but consciously allowed these consequences or treated them with indifference.
Article 26. A Crime Committed by Negligence
1. A criminal deed committed thoughtlessly or due to negligence shall be recognized as a crime committed by negligence.
2. A crime shall be deemed to be committed thoughtlessly, if the person has foreseen the possibility of the onset of socially dangerous consequences of his actions (inaction), but expected without
valid reasons that these consequences would be prevented.
3. A crime shall be deemed to be committed due to negligence if the person has not foreseen the possibility of the onset of socially dangerous consequences of his actions (inaction), although he
could and should have foreseen these consequences with reasoable.
Article 27. Responsibility for a Crime Committed with Two Forms of Guilt
If an intentional crime results in grave consequences, which under the law involve a stricter punishment but which were not included in the person's intent,then criminal responsibility for such
consequences shall ensue only in cases where the person has foreseen the possibility of their onset, but expected without valid reasons that they would be prevented, or in cases where the person
has not foreseen, but could and should have foreseen the possibility of the onset of these consequences. By and large, such crime shall be deemed to be committed willfully.
Article 28. Innocent Infliction of Harm
1. A deed shall be deemed to be committed innocently if the person who has performed it has not realized and could not realize due to the circumstances of the case the social danger of his actions
(inaction), or has not foreseen the possibility of the onset of socially dangerous consequences and could not or should not foresee them due to the circumstances of the case.
2. A deed shall be deemed to be committed innocently if the person who has performed it, although has foreseen the possibility of the onset of the socially dangerous consequences of his actions
(inaction), but could not prevent these consequences because of a failore of his psycho-physiological abilities to cope with the requirements of the extreme conditions or nervous and psychic
stresses.
Chapter 6. Incomplete Offence
Article 29. Complete and Incomplete Offences
1. An offence shall be deemed to be complete if the deed committed by the person concerned contains all the elements of the corpus delicti, envisaged by this Code.
2. Preparations for an offence and an attempt to to commit it shall be deemed an incomplete offence.
3. Criminal responsibility for an incomplete offence shall ensue under the Article of this Code that stipulates responsibility for the complete offence, with reference to Article 30 of this Code.
Article 30. Preparations for a Crime, and Attempted Crimes
1. The looking for, manufacturing, or adapting by a person of means or instruments for committing a crime, the finding of accomplices for a crime, the conspiracy to commit a crime, or any other
intentional creation of conditions to commit a crime shall be deemed preparations for a crime, unless the crime has been carried out owing to circumstances outside the control of this person.
2. Criminal responsibility shall ensue only for preparations to commit grave or especially grave crime.
3. Intentional actions (inaction) by the person concerned, directed expressly towards the commission of a crime, shall be deemed to be an attempted crime, unless the crime has been carried out
owing to circumstances beyond the control of this person.
Article 31. Voluntary Refusal to Commit a Crime
1. The termination by the person concerned of preparations for a crime or the termination of actions (inaction) directed expressly at the commission of the crime shall be deemed to be a voluntary
refusal to commit a crime, if the person was aware of the possibility of carrying out the crime.
2. A person shall not be subject to criminal responsibility for a crime if he voluntarily and finally refused to carry at this crime.
3. A person who has voluntarily refused to carry out a crime shall be subject to criminal responsibility if the deed performed by him in actual fact contains a different corpus delicti.
4. An organizer of a crime or an abettor of a crime shall not be subject to criminal responsibility if these persons have prevented the crime to be carried at by the perpetrator by informing in time the
authorities, or by applying other measures. An abettor of a crime shall also not be subject to criminal responsibility if he has taken all due measures in order to prevent the commission of the crime.
5. If the actions of the organizer or the abettor, envisaged by the fourth part of this Article, have not resulted in the prevention of the crime by the perpetrator, then the measures taken by them may
be recognized by a court of law as mitigating circumstances when imposing punishment.
Chapter 7. Complicity in a Crime
Article 32. The Concept of Complicity in a Crime
The intentional joint participation of two or more persons in the commission of a deliberate crime shall be deemed to be complicity in a crime.
Article 33. Types of Accomplices of a Crime
1. In addition to the perpetrator, organizers, instigators, and accessories shall be deemed accomplices.
2. A person who has actually committed a crime or who directly participated in its commission together with other persons (co-perpetrators), and also a person who has committed a crime by using
other persons who are not subject to criminal responsibility by reason of age, insanity, or other circumstances provided for by this Code, shall be deemed to be a perpetrator.
3. A person who has organized the commission of a crime or has directed its commission, and also a person who has created an organized group or a criminal community (criminal organization) or
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