Or committing other violent acts. Signs of extremism: concept and types

1.1 Terrorism as a socially dangerous phenomenon

The transience of socio-economic processes in the world and, in particular, in Russia, requires the use of all the forces and means of law enforcement agencies in the priority areas of the fight against crime. One of these areas is the fight against terrorism.

Terrorisme is originally a French word (as is its derivative terroriste). Our reasoning is confirmed by the conclusions of Professor S.U. Dikaeva: “The word “terrorism” was used during the period French Revolution between March 1793 and July 1794 and meant "reign of terror." The Jacobins often used the concept of “terrorism” orally and in writing in relation to themselves and always with a positive connotation. After 9 Thermidor (coup d'etat on July 27, 1794), the word “terrorist” became synonymous with the word “criminal” Dikaev S.U. Terror, terrorism and crimes of a terrorist nature (criminological and criminal legal research. St. Petersburg: Legal Center Press, 2006. P. 18. In 1798, the German philosopher Immanuel Kant first introduced this concept into scientific circulation to illustrate his pessimistic views on the essence of humanity Kosarev M.N. Terrorism: criminal law and criminological characteristics: monograph / M. N. Kosarev, D. A. Grishin, UrGI, 2010. P. 12.

English "terrorism", Italian "terrorismo", Russian "terrorism" were directly borrowed from French. And besides, the first type of terrorism was revolutionary terrorism. The first revolutionary terrorists in Western Europe, with their actions they sought to frighten the ruling elite and promote changes in favor of the most disadvantaged and oppressed sections of society. So, the birthplace of modern terrorism is France. And the basis for political violence was laid by the Great French Revolution.

In 2003, the Anti-Terrorism Center of the CIS member states published a Dictionary of basic terms and concepts in the field of combating international terrorism and other manifestations of extremism. According to the definitions of the concepts in this dictionary, “terrorism is a complex socio-political and criminal phenomenon caused by internal and external contradictions social development various countries. It represents a multifaceted threat to the vital interests of the individual, society and state, one of the most dangerous varieties political extremism on a global and regional scale. In its socio-political essence, terrorism is a systematic, socially or politically motivated, ideologically based use of violence or threats to use it, through which, through intimidation individuals their behavior is controlled in a direction beneficial to terrorists and the goals pursued by terrorists are achieved.” Glossary of basic terms and concepts in the field of combating international terrorism and other manifestations of extremism. M.: Editorial URSS, 2003. P. 49. .

In total, in modern scientific and explanatory sources, according to various estimates, there are more than 100 definitions of the concept of terrorism, but none of them has become classical or generally accepted. There is no need to list them all, since most researchers of this social dangerous phenomenon are unanimous in their conclusions that terrorism is a specific form of violence against individuals or various objects to achieve public, ideological or political goals. Or terrorism in the broadest sense of the word. According to some foreign researchers, of the totality of acts of terrorism, 65% are committed to achieve political goals Kirichenko A. A. On the issue of the concept of terrorism // Bulletin of Tomsk state university. 2010. No. 332. P. 104. .

With the development and spread terrorist activities The priority was not only the legislative definition of this concept, but also the consolidation of criminal law norms that provide for criminal liability for committing crimes of a terrorist nature.

Legally significant in Russian law are the concepts given in the Federal Law of March 6, 2006 No. 35-FZ “On Countering Terrorism” Federal Law of March 6, 2006 No. 35-FZ “On Combating Terrorism” // Collection of Legislation of the Russian Federation. 03/13/2006. No. 11. art. 1146. and the Criminal Code Russian Federation. In Art. 3 Federal Law“On Countering Terrorism” terrorism is defined as “the ideology of violence and the practice of influencing decision-making by authorities state power, local governments or international organizations associated with intimidation of the population and (or) other forms of illegal violent actions.” This definition seems very compact in content and deep in essence. In general, it emphasizes the purpose of terrorism and the entities targeted (pressure on government authorities, local governments or international organizations to encourage the adoption of a certain decision); the way to achieve the goal is to intimidate the population or other forms of illegal violent actions.

At the same time, the concept of “terrorist act”, described in paragraph 3 of Art. 3 of this Federal Law, led to changes in legislation and the transfer this concept to the Criminal Code of the Russian Federation. The consequence of this was the emergence of a new criminal law concept of “terrorist act”, adopted in Art. 205 of the Criminal Code of the Russian Federation, which is defined as the commission of an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or other grave consequences, in order to influence decision-making by authorities or international organizations, as well as the threat of committing the above actions for the same purposes Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ // Collection of legislation of the Russian Federation. 06/17/1996. No. 25. art. 2954. .

Thus, in Russian legislation enshrined both the general legal concept of “terrorism”, given to this complex phenomenon, and the criminal legal component of this phenomenon, which is the “terrorist act”.

At the same time, the attempt to define terrorism raises some doubts in different words, based on general legal and criminal legal positions. Despite all the complexity and ambiguity of such a phenomenon as “terrorism”, if we are talking about its threat to the individual, state foundations and the world and humanity as a whole, as well as the need to combat it, then we must consider it comprehensively, and not giving depending Depending on the situation, sometimes one definition or another.

So, before we move on to the analysis existing definitions The concept of terrorism, in our opinion, should be characterized by its main features.

According to experts and legal scholars, the essential properties of terrorism are a violent basis, political purposefulness and motivation, the growing importance of the role of intimidation, and the presence of innocent victims Gaidashov A.V. Crimes of an extremist nature // NOU VPO Tver Institute of Ecology and Law. Tver: SFK-office LLC, 2012. P. 7. .

Terrorism has acquired the scale of a socio-legal and socio-political phenomenon largely due to the low probability of its vulnerability, as well as the high effectiveness of the impact on socio-political processes caused by terrorists using such an insidious form of violence as surprise attacks, violent actions against unprotected people and material objects that are not directly related to the essence of the conflict.

One of the main signs of terrorism is that, in addition to the direct impact on victims terrorist attack, it significantly influences the psyche of a wide range of people, creates a feeling of insecurity, destabilizes the normal course of people’s lives, introduces chaos in general, which can be assessed as significant destructive factors that impede the normal development of society Ivanov V.N. The phenomenon of terrorism // Sociological research 2015. No. 7. P. 65. .

A factor that increases the danger of violence during terrorist acts and acts as a catalyst for terrorists to achieve criminal goals is intimidation, which performs a socially destructive function. The goal of terrorists is achieved precisely through their ability to commit terrible and destructive actions, that is, by shifting the emphasis of intimidation to the consequences of a criminal act. Besides, distinctive feature terrorist actions from other criminal attacks is that they create a general threat to a wide range of people and society as a whole and arise as a result of the commission of socially dangerous actions.

Another characteristic feature terrorism is its public nature. “The psychological aspect of this crime,” notes V. A. Sosnin and other authors, is aimed at making every person realize that he, too, is a potential victim. The more terrorist acts and severe consequences, the greater the fear of people who, as a rule, lose faith in the ability of the authorities to resist terrorism, to protect their lives and legitimate interests Sosnin V. A. Psychology of modern terrorism. M.: Forum, 2012. P. 32. .

Obviously, one of the main features that makes it possible to distinguish terrorism from other criminal attacks is its violent nature against persons who have nothing to do with the reasons for the terrorists’ demands, that is, the presence of innocent victims, destruction of material objects and deliberate disclosure of information about the crime committed. Baimashev Yu.M., Grachev S.I. Problematic aspects in defining the concept of “terrorism” // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. 2013. No. 3 (13). P. 37. .

In general, monitoring and corresponding analysis of the problem make it possible to identify a number of common features, which to one degree or another were present in a significant part of the studied definitions and which are capable of reflecting an objective idea of \u200b\u200bterrorism. These signs are as follows:

– extreme danger to society and public relations;

– terrorism involves the achievement of a certain political (less economic, social or other) goal;

– use of violence (physical, psychological);

– mandatory creation (for as long a period as possible) of a climate of fear;

– creation of conditions that pose a danger to life, health of people, and safety of property;

– mandatory publicity during acts of terrorism;

– all terrorist actions must carry a propaganda load;

– direct harm is caused to the interests of some subjects, and the purpose of the corresponding socially dangerous acts is to force other persons to certain behavior in the interests of terrorists;

– organization and activities are carried out in conditions of the deepest secrecy and secrecy and wide publicity of their implementation and their results;

– the inherent nature of acts of terrorism to force the authorities to act or inaction and to intimidate the population.

In addition, when defining the concept of terrorism, in our opinion, it is necessary to take into account such an important feature as innocent victims. E. A. Kapitonova and her colleague rightly note in this sense: “... The basis of the international community in the search for a generally accepted definition of terrorism is related to how to separate it from the just struggle for national liberation. One of the differentiating factors in this regard could be an indication of the direction of terrorism to cause innocent victims. It is thanks to the term “innocent (innocent) victims” that there is a clear understanding that freedom fighters or revolutionaries do not undermine people who are sleeping peacefully; terrorist killers do this. Freedom fighters are not going to seize buses and slaughter schoolchildren; murderous terrorists do this... That is, a democratic state cannot allow the concept of freedom to be somehow associated with the actions of terrorists... therefore, the definition in law of the concept of innocent victims as a qualifying feature of terrorism must provide for state protection not only objects power structures, but also the population in the understanding of each person...” Kapitonova E.A., Romanovsky G.B. Modern terrorism. M.: Yurlitinform, 2015. P. 52. .

It should also be noted in this regard that in the Resolution of the State Duma of the Federal Assembly of the Russian Federation dated September 20, 2001 No. 1865-III “On the fight against international terrorism,” adopted in connection with the terrorist attacks in the United States on September 11, 2001, the preamble directly states: “Remembering the innocent victims of international terrorism, everything must be done to ensure that this does not happen again” Resolution of the State Duma of the Federal Assembly of the Russian Federation dated September 20, 2001 No. 1865-III of the State Duma “On the fight against international terrorism” // Collection of legislation of the Russian Federation. 01.10.2001. No. 40. Art. 3810. .

So, the conclusions regarding the concept of terrorism come down to the following. Objectivity is traditional for terrorism. Terrorism is seen as a way to achieve a certain goal. Its integral features are the object, purpose, violence, illegality, the desire to sow fear, horror, and most often - its anti-state orientation and connection with political sphere. As a component of terrorism, intimidation should be included. It wouldn't hurt to add blackmail, but when a terrorist act is committed it may not exist. The direct and immediate object at which intimidation is directed is public peace, which is part of the concept of public safety Grachev S.I. Terrorism. Questions of theory: monograph. N. Novgorod: Publishing house of Nizhny Novgorod State University named after. N.I. Lobachevsky, S. 23. .

Thus, the definition of terrorism, which takes into account its general social and criminological characteristics, may look like this - this is an antisocial phenomenon, which is characterized by the commission of deliberate criminal acts aimed at intimidation and panic, destruction or damage to property, seizure of any object or threat to carry out one of the above actions in relation to citizens and property with the advancement of certain requirements.

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Sexual assaults (SAAs) have a small share. According to statistics of criminal crimes in Russia, from 4,250 to 5,300 such acts are committed annually, and it is in a small number that they manifest themselves increased danger for society. So, let's first figure out what the concept of “sexual assault” means?

The difference between other violent acts of a sexual nature and rape

Due to the similarity of the object at which the criminal’s actions are directed, NDSH is often meant specifically. Indeed, until 1996, the Criminal Code of the RSFSR equated these crimes. But after, with the adoption of the new code, they were divided into 2 compositions.

Today, the most striking differences that allow rape and NDSH in practice are as follows:

In rape, only a man can be the perpetrator, and only a woman can be his victim. While in violent acts, representatives of different sexes can cause harm. The victim in NDSH can also be of any gender and not necessarily the opposite gender of the rapist.
Rape is only such when the offender, using and/or violence, has committed sexual intercourse in the form of vaginal penetration with the victim. That is, there is exclusively heterosexual violent contact. If it did not exist, then actions to forcibly satisfy sexual desire are qualified as NDSH.

Otherwise, provided for in the provisions of Article 131 (rape) and Art. 132 of the Criminal Code of the Russian Federation (violent acts of a sexual nature), the crimes are similar, since they represent an encroachment on sexual integrity and personal freedom and are directed with direct intent to commit it.

So, now you know what is meant by sexual assault and rape, let's next look at the features of the first type of atrocity.

The following video with visual diagrams will tell you in more detail about the features of violent acts of a sexual nature and their differences from similar crimes:

Features of the crime

This act is an unnatural or surrogate way of satisfying a natural need, committed through threats or violence. Among crimes against human sexual freedom, NDSH stands out as more dangerous due to:

High latency (secrecy), when victims do not contact law enforcement agencies. The reasons for such an act may be related to disbelief in the possibility of criminal punishment for the offender, fear of publicity and public condemnation of the victim. The latter is what male victims fear most.
The consequences of violent acts can be more severe both physically and emotionally, since crime is an unnatural violent process.

Violent acts of a sexual nature have their own elements of a crime. We will talk about it further.

Composition of the crime

By composition, criminal science understands a set of certain characteristics, the simultaneous presence of which makes an act criminal. In relation to VAT, the composition must include:

The object of the attack is human sexual integrity and freedom. The first refers to the right not to be subjected to sexual violence and to be protected from such attacks. And sexual freedom, in turn, is the opportunity to independently choose partners and forms of satisfying natural needs.
The objective side of NDSH is the active actions of the criminal, consisting of violence (or its threat) and aimed at his sexual satisfaction. In the descriptive part of Article 132 of the Criminal Code of the Russian Federation there is an indication of the nature possible actions the offender is “lesbianism or sodomy, as well as other acts of a sexual nature.” In practice, these methods of NDSH are determined as follows:
Sodomy (pederasty, homosexuality) is sexual intercourse between a man and a man in the form of anal penetration.
Lesbianism (safism, tribalism) is the satisfaction of the sexual desire of a woman with a woman in the form of contact of the perineum.
Other actions of a sexual nature are ways of obtaining satisfaction without sexual intercourse. These include imitation of sexual intercourse, forced masturbation, oral-anal contact, violence using various devices, etc. The resolution of the Plenum of the Armed Forces of the Russian Federation dated June 15, 2004 classifies heterosexual sexual intercourse, but on the part of a woman, as “other actions.”

The listed actions must necessarily be accompanied by violence (tying up, beatings) or. Often in criminal practice, NDSH is considered in conjunction with causing harm to human health.

All actions of the criminal are dictated by direct intent. That is, a person is fully aware of the illegality and possible severity of the consequences of his actions, but wants to commit them. The motive that motivates the criminal does not affect the qualifications of the NDSH, but in practice it is necessarily taken into account.

IN qualified personnel crime there is a fact of negligence (clause “B”, part 3, clause “A”, part 4, article 132 of the Criminal Code of the Russian Federation). In these cases, the crime is defined as an act with 2 forms of guilt (intention and negligence), but is still recognized as intentional.

The subject of violent acts of a sexual nature, that is, a criminal, can be a person who has reached the age of 14 - both a man and a woman. The gender of the offender matters only when determining the type of violent act. Also, physical capabilities and health status (impotence) are not taken into account.

Read on to find out what types of violent acts of a sexual nature are provided for in the articles of the Criminal Code of the Russian Federation.

Types of acts

The norm of Article 132 of the Criminal Code of the Russian Federation is divided into 5 parts, 4 of which are devoted to qualified (committed with aggravating characteristics) elements of violent acts. Crime is divided into types according to the following types.

Features of the subject's status

For committing violent acts of a sexual nature, more severe punishment, if it was committed by an organized crime group or by prior conspiracy (clause “A” of Part 2 of Article 132 of the Criminal Code of the Russian Federation) or by a person who committed the crime against a child under 14 years of age, provided that he (the person) has a criminal record for a similar crime (Part. 5 Art. 132 of the Criminal Code of the Russian Federation)

Features of the victim's position

In some cases, the crime is committed by non-violent methods, but will still be qualified under Article 132 of the Criminal Code of the Russian Federation, since the victim (victim) at the time of committing the NDSH was in a helpless state, that is, could not offer resistance (sleeping, unconscious, in drunkenness). It doesn't matter why the victim ended up in this state.

In criminal practice, there was a case where the victim was an 8-month pregnant woman, and the aggressor was a gynecologist. At the time of the NDSH, the victim was in a gynecological chair and, due to her condition and position, was unable to resist.

Victims may also have a special position due to their age. More significant sanctions are provided for NDSH, that is, from 14 to 18 years of age (clause "A" part 3 of article 132 of the Criminal Code of the Russian Federation), minors under the age of 14 years (clause "B" part 4 of article 132 of the Criminal Code of the Russian Federation ).

Circumstances of the commission

By “circumstances” we mean not the context of the act, but the nature of the methods used by the criminal to achieve his goal. Compositions in which threats to the life or health of the victim are used, as well as accompanied by special cruelty (clause “B”, part 2 of article 132 of the Criminal Code of the Russian Federation) are highlighted separately.

The severity of the consequences of the crime committed

In any case, NDSH cause severe emotional harm to victims. The physical consequences have a gradation in severity:

Infection with a venereal disease (clause “B”, part 2 of article 132 of the Criminal Code of the Russian Federation). This refers to a disease that can be cured.
Causing serious harm to health, as well as infection with HIV infection (AIDS) and other serious consequences. The latter include incurable venereal diseases or those that are even short term cause significant harm to health (syphilis). Impotence or infertility that follows the act can also be a serious consequence.
The death of the victim (clause “A”, part 4 of article 132 of the Criminal Code of the Russian Federation), which occurred due to the VAT.

Read about criminal liability and penalties for someone who has committed sexual assault in the next section.

Punishment and criminal liability

Article 132 of the Criminal Code of the Russian Federation is one of the few in the code that provides for a life sentence for committing a crime with aggravating circumstances. By introducing this norm into the code in 1996, the legislator made a fairly successful attempt to eliminate the unfair gap according to which a woman cannot be the subject of sexual aggression.

The sanctions of all parts provide exclusively real terms of imprisonment ranging from 3 to 20 years. The time of imprisonment can also be combined with deprivation of the right to engage in a certain type of activity or additional restriction of freedom after serving the years of imprisonment.

Of course, there are also mitigating circumstances (related directly to the commission of the act, and not to the identity of the criminal), which can affect the amount of punishment. However, in practice, it is almost impossible to find such circumstances in relation to VAT.

The video below will tell you how the perpetrator of the NDSH is detained, as well as his punishment for such atrocities:

Battering or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, is punishable by a fine in the amount of up to one hundred times the minimum wage or in the amount wages or other income of the convicted person for a period of up to one month, or compulsory work for a period of one hundred twenty to one hundred and eighty hours, or correctional labor for a period of up to six months, or arrest for a period of up to three months. Commentary on Article 116 1. Unlike the Criminal Code of the RSFSR (Article 112), the Criminal Code separates beatings from causing minor harm to health into different articles. These are independent crimes with different characteristics. 2. The object of the crime provided for in Art. 116 of the Criminal Code, form public relations, ensuring the human right to physical (bodily) integrity, and ultimately the health safety of citizens. 3. The objective side of the crime in question consists, firstly, of beatings and, secondly, of committing other unlawful violent acts that cause physical pain. Both actions do not entail the consequences provided for in Art. 115 of the Criminal Code, i.e. short-term health disorder or minor permanent loss of general ability to work. Battering is the application of repeated blows to the body of the victim, beating him. The blows are inflicted repeatedly with a hard, blunt instrument (three times or more). Other violent actions that cause physical pain include pinching, cutting, twisting arms, pinching one or another part of the victim’s body with the help of any devices, exposing him to fire or other natural biological factors(by using, for example, animals and insects), etc., if all this involves causing physical pain. Beatings and other violent acts may damage anatomical integrity or physiological functions organs and tissues of the human body (small and few abrasions and bruises, bruises, superficial wounds, etc.), or may not violate them (causing only physical pain, mild malaise, etc.). If, after beatings and other violent acts, injuries remain on the victim’s body, they are assessed according to the degree of severity, based on general rules. If beatings and other violent acts do not leave behind any objective traces, then the forensic medical expert in his conclusion notes the complaints of the victim and indicates that visible signs no damage was found and does not determine the severity of the injury. In such cases, establishing the fact of beatings falls within the competence of the bodies of inquiry, preliminary investigation, prosecutor's office and court (clause 50 of the Rules of Judicial - medical examination severity of harm to health). In cases where beatings and other violent actions entail more serious consequences in the form of harm to health of varying degrees of severity or they constitute torture of the victim, the act must be qualified accordingly under Art. 111, 112, 115 or 117 of the Criminal Code. In such cases, they act as ways to commit crimes more serious than the one in question. To recognize the presence of battery or other violent acts, physical pain must be caused to the victim. The latter may also experience mental suffering, but it does not have an independent impact on the legal assessment of the crime. 4. The subjective side of this crime is characterized by intentional guilt. Intention in this case can be direct or indirect. Most often, the intent here is vague (unspecified). Reckless infliction of physical pain does not entail criminal liability. The purpose of beatings and other violent acts is to cause physical pain to the victim. The motive may be revenge, jealousy, hostile relationships, etc. 5. The subject of the crime can be any person over 16 years of age. 6. Mutual beatings or mutual commission of other violent acts that caused physical pain to each of the parties is not a circumstance that eliminates criminal liability the culprits. 7. For the distinction between beatings or other violent acts and hooliganism, see paragraph 7 of the commentary to Art. 115 of the Criminal Code. 8. Cases of a crime under Art. 116 of the Criminal Code, are initiated only on the basis of a complaint from the victim and are subject to termination if he is reconciled with the accused (Part 1 of Article 27 of the Code of Criminal Procedure of the RSFSR).