The Criminal Code of the Russian Federation 26/09/2022, 07:19 has guided them, shall be deemed an organizer. 4. A person who has abetted another person in committing a crime by persuasion, bribery, threat, or by any other method shall be deemed an instigator. 5. A person who has assisted in the commission of a crime by advice, instructions on committing the crime, or removal obstacles to it, and also a person who has promised beforehand to conceal the criminal, means and instruments of commission of the crime, traces of the crime, or objects obtained criminally, and equally a person who has promised beforehand to acquire such objects, shall be deemed to be an accessory. Article 34. The Responsibility of Accomplices in a Crime 1. The responsibility of accomplices in a crime shall be determined by the character and the degree of the actual participation of each of them in the commission of the crime. 2. Co-perpetrators shall be answerable under the Article of the Special Part of this Code for a crime committed by them jointly, without reference to Article 33 of this Code. 3. The criminal responsibility of an organizer, instigator, and accessory shall ensue under the Article that provides for punishment for the crime committed, with reference to Article 33 of this Code, except for in cases when they simultaneously were co-perpetrators of the crime. 4. A person who is not a participant in a crime specially indicated in the respective Article of the Special Part of this Code and who has taken part in the commission of the crime, stipulated by this Article, shall bear criminal responsibility for the given offence as its organizer, instigator, or accessory. 5. If the perpetrator of a crime fails to carry out this crime owing to circumstances beyond his control, then the rest of the co-perpetrators shall bear criminal responsibility for preparations for a crime or attempted crime. A person who has not managed to abet other persons in commiting a crime owing to circumstances, beyond his control shall also bear criminal responsibility for preparations for the crime. Article 35. The Commission of a Crime by a Group of Persons, by a Group of Persons Under a Preliminary Conspiracy, and by an Organized Group of a Criminal Community (Criminal Organization) 1. A crime shall be deemed to be committed by a group of persons if two or more perpetrators have jointly participated in its commission without a preliminary conspiracy. 2. A crime shall be deemed to be committed by a group of persons in a preliminary conspiracy, if the persons took part in it after they had reached an agreement on the joint commission of a crime. 3. A crime shall be deemed to be committed by an organized group, if it has been committed by a stable group of persons who in advance united for the commission of one or more offences. 4. A crime shall be deemed to be committed by a criminal community (criminal organization), if it has been perpetrated by a united organized group (organization), set up to commit grave and especially grave crimes, or by an association of organized groups set up for these purposes. 5. A person who has created an organized group or a criminal community (criminal organization), or has directed them, shall be subject to criminal responsibility for their organization in cases, provided for by the respective Articles of the Special Part of this Code, and also for all the offences committed by the organized group or the criminal community (criminal organization), if they have been embraced by his intent. Other participants in the organized group or criminal community (criminal organization) shall bear criminal responsibility for their participation in cases provided for by the relevant Articles of the Special Part of this Code, and also for the crimes, in the preparation and commission of which they have taken part. 6. The creation of an organized group in cases which are not envisaged by Articles of the Special Part of this Code shall involve criminal responsibility for preparations for those offences for which it was set up. 7. The commission of a crime by a group of persons, a group of persons in a preliminary conspiracy, by an organized group, or a criminal community (criminal organization) shall involve strict punishment on the ground and within the limits provided for by this Code. Article 36. Excess Perpetration of Crimes The commission of a crime that is not embraced by the intent of other accomplices shall be deemed to be an excess of the perpetrator. Other accomplices to the crime shall not be subject to criminal responsibility for the excess of the perpetrator. Chapter 8. Circumstances Excluding the Criminality of a Deed Article 37. Necessary Defence 1. It shall not be deemed a crime when harm is inflicted in the state of necessary defence to an attacking person, i.e. in the case of protection of the personality and the rights of defendant or other persons, law-protected interests of the society or the state against a socially-dangerous attack if such an attack involved a violence threatening the life of the defendant or another person or an immediate threat of use of such a violence. 2. Defence against an attack not involving a violence threatening the life of the defendant or another person or an immediate threat of use of such a violence is legal if in this case the limits of necessary defence have not been surpassed, i.e. no deliberate actions have been committed which apparently did not match the character and danger of the attack. 2.1. Actions of a defendant shall not be deemed as surpassing the limits of necessary defence if the defendant could not fairly assess the degree and nature of the threat posed by the attack. 3. The right to necessary defence equally belongs to all persons, irrespective of their professional or other special training background and position. This right belongs to the person, irrespective of the possibility of evading a socially-dangerous attack or asking other persons or authorities for help. Article 38. The Infliction of Harm on a Detained Person Who Has Committed a Crime 1. The infliction of harm on a person who has committed a crime, during his detention, during his delivery to the authorities and in thwarting the possibility of the commission by him of further offences shall not be deemed a crime, unless it was possible to detain such person and there was an excess of the measures needed for this detention. 2. Clear disproportion between the measures needed for the detention of the person who has committed a crime and the character and the degree of the social danger of the offence perpetrated by the detained person and the circumstances of the detention, when the harm is caused to the infringer without valid reasons, shall be deemed to be excess of the necessary measures. Such excess shall involve criminal responsibility only in cases of the intentional infliction of harm. Article 39. Extreme Necessity 1. The harming of legally protected interests in a state of extreme necessity, that is, for the purpose of removing a direct danger to a person or his rights, or to the rights of other persons, to the legally-protected interests of the society or the State, shall not be deemed to be a crime if this danger could not be removed by other means and if there was no exceeding the limits of extreme necessity. 2. The infliction of a harm that obviously does not correspond to the nature and the degree of threatened danger, nor to the circumstances under which the danger was removed, when equal or more considerable harm was caused to said interests than the harm averted, shall be deemed to be excess of extreeding necessity. Such excess shall involve criminal responsibility only in cases of the intended infliction of harm. Article 40. Physical or Psychic Coercion 1. The infliction of harm on the criminal-law protected interests as a result of physical coercion shall not be a crime, if in consequence of such coercion the person concerned could not guide his actions (inaction). 2. The question of criminal responsibility for the infliction of harm on the criminal-law protected interests as a result of psychic coercion, and also as a result of physical coercion, in consequence of which the person concerned has retained the possibility of guiding his actions, shall be settled with due account of the provisions of Article 39 of this Code. Article 41. Justified Risk 1. No criminal responsibility shall ensue for infliction of harm to legally protected interests provided the risk is justified by attaining socially useful goal. 2. Risk shall be regarded as justified unless the said purpose couldy have been attained through action (inaction) not associated with risk and provided a person that committed the risk has undertaken all measures sufficient to prevent harm to legally protected interests. 3. Risk shall not be regarded as justified if it was known toly involve a threat to the life of many persons, a hazard of environmental or societal disaster. Article 42. Execution of Order or Instruction 1. Infliction of harm to legally protected interests shall not beto qualified as an act of crime provided it was caused by a person acting in execution of an order or instruction binding on him. Criminal responsibility for infliction of such harm shall be borne by a person who gave illegal order or instruction. 2. Person who committed intentional offence in execution of order or of instruction known to be illegal, shall be liable under usual terms. Failure to execute order or instruction known to be illegal shall preclude criminal liability. Section III. Punishment Chapter 9. The Concept and the Purposes of Punishment. Types of Punishment. Article 43. The Concept and the Purposes of Punishment 1. Punishment is a measure of state compulsion assigned by a court's judgement. Punishment shall be applied to a person who has been found guilty of the commission of a crime. It consists of the depreciation or restriction of the rights and freedoms of this person, as provided for by this Code. 2. Punishment shall be applied for the purpose of restoring social justice, and also for the purpose of reforming a convicted person and of preventing the commission of further crimes. Article 44. Penalties The following penalties may be applied: a) fines; b) deprivation of the right to hold specified offices or to engage in specified activities; c) deprivation of a special and military rank or honorary title, class rank and of government decorations; d) compulsory works; e) corrective labour; f) restriction in military service; g) abolished h) restricted liberty; i) arrest; j) service in a disciplinary military unit; k) deprivation of liberty for a definite period; l) deprivation of liberty for life; m) capital punishment. Article 45. Basic and Additional Penalties 1. Compulsory work, corrective labour, restriction in military service, restriction of liberty, arrest, service in a disciplinary military unit, deprivation of a liberty for a definite term, deprivation of liberty for life, and capital punishment shall be applicable as basic penalties alone. 2. Fines and deprivation of the right to hold specified offices or to engage in specified activity shall be applicable both as basic and additional penalties. 3. Deprivation of a special or military rank, or honorary title, class rank or government decorations shall be applicable as additional penalties alone. Article 46. Fines 1. A fine is a monetary penalty imposed within the limits provided for by this Code. 2. A fine shall be established in the amount of from 2 500 roubles to 1 000 000 million roubles or in the amount of the wage or salary, or any other income of the convicted person for a period from two weeks to five years. A fine in the amount of from 500 000 roubles or in the amount of the wage or salary or any other income of the convicted person may only be imposed for grave and especially grave crimes in the instances specified by the appropriate articles of the Special Part of this Code. 3. The amount of a fine shall be determined by a court of law subject to the gravity of the crime and the property status of the convicted person and his family, as well as the subject to the convicted person's ability to receive a wage or any other income. Subject to the same circumstances a court of law may impose a fine payable in installments for a term of up to three years. 4. As an additional penalty, a fine may be imposed only in cases, provided for by the relevant Articles of the Special Part of this Code. 5. In the event of the person maliciously evading payment of a fine inflicted as the principal punishment, it shall be replaced within the limits of the sanction provided for by the appropriate Article of the Special Part of this Code. Article 47. Deprivation of the Right to Hold Specified Offices or to Engage in Specified Activities. 1. Deprivation of the right to hold specified offices or to engage in specified activities consists of the prohibition to hold offices in the civil service and local self-government bodies, or to engage in a professional or any other activity. 2. Deprivation of the right to hold specified offices or to engage in specified activities shall be established for a term of one year to five years as a basic penalty, or for a term of six months to three years as an additional penalty. 3. Deprivation of the right to hold specified offices or to engage in specified activities may be imposed as an additional penalty also in cases where it is not provided for by the relevant Article of the http://visalink-russia.com/criminal-code-russian-federation.html Page 3 of 32