well known that special part of the Russian Criminal Code Article 105 starts with "Murder".In turn, if the crime is considered to be a threat to kill or cause grievous bodily harm?Yes, of course, but you need to be able to distinguish a criminal offense from idle chatter.
objective side
object within the meaning of Article 119 of the Criminal Code - the right to live and the right to health, they belong to every human being regardless of the circumstances.
objective side is to detect any intent to kill, respectively, or on the application is serious and not a minor injury.Decisive importance is attached to the method of the crime, he even registered in the title.The criminal law is an obvious threat to the intent to commit the words uttered by the action - the deprivation of life or injury.No matter which method is chosen for the formulation of a criminal threat.It can be an oral statement, a written message, a phone call or even a telegram.Optionally even transmit a message directly to a potential victim, enough to pass it to others who will have to report the threats to the victim.
Usually reasons for the offending sound or otherwise express its intention to harm is not taken into account, and, ideally, a threat to kill or cause grievous bodily harm by a court should be considered outside of this context.However, the reasons may be considered in the individualization of punishment if the victim itself provoked the illegal actions of a criminal violation of the law.
reality of the threat can not be held criminally responsible citizen of the analyzed article if severe threat to kill or cause grievous bodily harm unfounded and does not represent a real danger.As a rule, assesses the seriousness of the crime victim statements (or written communication), based on the knowledge of the identity of the offender.Often, the basis for misconduct are relationships between two people, they are often based on mutual hostility.In addition, the reality of the danger can be expressed in a manner which made words or written communication is made, or in the presence of the offender weapons or dangerous objects.
Even the USSR Armed Forces determined that the real threat is necessary to consider such actions that would instantly give serious reasons to fear a citizen of the sinister promise.The Supreme Court called the judges in criminal cases to pay attention to the attacker's behaviors: it is often characteristic of the behavior to determine in advance the degree of reality expressed in a different form or expressed threats.Of paramount importance is a subjective attitude of the victim to receive messages, since the threat may not be hidden or disguised and comprehensible only by its recipient.
identity of the offender
threat to kill or cause grievous bodily harm - a specific crime, so it is necessary to evaluate the characteristics and individual identity of the person violating the criminal law.It should analyze the level of aggression, expressed in the event of conflict, the impact of intoxication on behavior, criminal record of violent crime, as well as other relevant circumstances of the offense for the evaluation.
motives for a criminal violation of the law is decided on, it is very diverse.Their right to establish and promote a correct assessment of individualization of punishment.
Differences
the crime in question must be distinguished from an attempt on the life and physical health.The real threat to kill or cause serious harm to health can only be expressed in a statement about the potential dangers;an attempt is accompanied by direct action aimed at the realization of the threat (or, respectively, in the preparation of the murder or grievous (and not less) harm).
In practice it is necessary to distinguish the crime of the above-named the threat to kill or cause grievous bodily harm (art. 119 of the Criminal Code), a number of other offenses.So, you can force the person to removal of tissue for subsequent transplantation, extort, to resort to violence at the trial or to force the person to give evidence - all criminal acts associated with aggressive warning of the danger.To achieve the target of criminal perpetrator uses a specific method - threat.
With competition criminal law should define what constitutes a crime in fact it is common, and what - is special.The general rule preference is always given to the special composition.
Specificity
threat to kill or cause grievous bodily harm by violence is recognized only in theory, since no physical contact in fact happens.Nevertheless, many scientists and legal scholars emphasize the immorality of the act and advocate for the recognition of the analyzed offenses criminalized form of mental abuse.
Interestingly, any other threat can not be regarded as a violation of the criminal law.Thus, the promise to put a slight injury, break things, to rob or rape - is not a crime within the meaning of the analyzed articles, as it is strictly about the danger of severe injury or murder.
