Art. 244 of the Criminal Code: punishment

Responsibility under Art. 244 of the Criminal Code of the Russian Federation may come for abuse of the body of the deceased, destruction, desecration, damage to burial sites, buildings related to the cemetery, grave structures, buildings used for ceremonies related to burial or commemoration. The danger of this crime is to insult memory, the feelings of living people to the departed, folk customs and traditions. Consider further, Art. 244 of the Criminal Code with comments.

Punishment

For specified in the first part of Article 244 of the Criminal Code, the offense threatens the subject:

1. Fine up to 40 thousand p. or equal to income for 3 months.
2. No more than 360 hours of required work.
3. Arrest up to three m.
4. Correctional work up to 12 months.

Aggravating symptoms

The acts recorded in Part 1 of Art. 244 of the Criminal Code, may be committed:

1. A group of citizens, including those previously agreed, as well as an organized community of individuals.
2. Based on racial, political, national, ideological, religious hostility, hatred against a particular social association or regarding an architectural, sculptural structure, which is dedicated to the victims of fascism or the fight against Nazism, as well as burial sites of participants in such a confrontation.
3. Accompanied by violence or threatened with their use.
   

In the above cases, the perpetrators may receive:

1. Restriction of liberty to three liters.
2. Up to five years of forced labor or imprisonment.
3. 3-6 months arrest.

Specificity of acts

Crimes defined by the first part of Art. 244 of the Criminal Code , are not very serious. The acts recorded in part 2 are considered moderate. Immediate objects are social relations of a moral nature, concerning traditions, customs, and religious rites of burial. The crime affects the memory of the dead, their honor, the peace of their bodies, as well as the safety of burial places. Intangible goods of loved ones, property, etc., act as an optional object.

Subject

They are:

1. The body of the buried.
2. Burial site.
3. Graveyard building.
4. Grave building.
   

The burial place should be considered land allocated in accordance with environmental, sanitary and ethical standards, with cemeteries for burial of bodies or remains on them, walls for installing urns with ashes, crematoriums (buildings designed to put fire to dead citizens) and other buildings used for ritual ceremonies. A building that is a monument, a crypt, a slab, a sculpture, a stele, a statue, an obelisk, and another structure containing information about the person in whose memory it is installed is recognized as a gravestone. Cemetery building - a building used for ceremonies related to burial, commemoration of the deceased. This may be a chapel, a church, a ritual hall, a crematorium, and so on. Burial is a ritual action for the burial of the bodies / remains of a citizen after his death in accordance with traditions and customs that do not contradict sanitary and other standards.

Objective part

Art. 244 of the Criminal Code establishes liability for:

1. Abuse of the body / remains of a deceased person. We are talking about defiling, immoral, cynical actions in relation to a buried or temporarily unburied person. This may be the removal of the remains from the grave, the dismemberment of the corpse, causing damage to him, the abduction of clothing, jewelry, including dental crowns, unauthorized transfer of the body to another place.
2. Destruction of areas where people are buried, gravestones, buildings used for rituals and ceremonies. We are talking about the complete destruction of objects, bringing them into disrepair or in a state in which their further operation is impossible.
3. The desecration of structures, buildings, structures. Under such an action should be understood cynical, immoral behavior, incompatible with the purpose of the objects. This can be drawing drawings, inscriptions, sewage, etc.

Qualification Features

If together with the acts recorded in Art. 244 of the Criminal Code , the acts defined by 282 articles have been committed, the punishment comes in the aggregate of norms. For example, a guilty person, among other things, may shout nationalist slogans with strangers. Clarifications on aggregate qualifications in such cases are given in clause 11 of the plenary resolution of the Armed Forces. Secret theft of objects that are in the grave, coffin or on a corpse before burial, are additionally punished under Art. 158. Sexual acts are qualified as abuse. Damage, destruction, desecration of burial sites, cemetery buildings, gravestones and structures of cultural and historical value, falls under Article 243 of the Code. In the event of significant damage, the acts are qualified under article 167.

Additionally

The crime has a material and formal composition. In case of abuse of the body, desecration of burial sites, cemetery buildings, gravestones and structures, the act is considered completed at the time of any action that forms the objective part. With the destruction or destruction of the crime will be over upon the occurrence of the corresponding consequences. A subject who can be found guilty under Art. 244 of the Criminal Code, stands an individual 16 years of age, sane.