Article 208 of the Criminal Code of the Russian Federation regulates the act of creating an illegal armed formation (IAF), association, detachment or other group, as well as financing or management of these brigades.
What is an illegal armed formation
IAF includes a significant number of individuals. They have a certain level of internal organization, equipped with weapons. The associations in question are guided by orders of the command.
Involvement in the illegal formation both in its territory and in the vastness of a foreign state is also prohibited by law.
The danger lies in the fact that the activity of the formation is capable of introducing an imbalance in the relations between the branches of government, causing social tension.
It is important to know some nuances. IAF can be created in order to achieve socially useful tasks. For example, the protection of residents of a region or order in society. Despite this, the creation of a formation not in accordance with applicable law is the basis for holding participants criminally liable.
The object of a criminal act
The object of a criminal act is the safety of society, protected and protected by law. The subject of the crime is the weapon specified in the “Law on Weapons”. Simply put, these are objects or devices whose purpose is to defeat a living or other purpose.
The objective side of a criminal act
The objective side of the criminal act is the organization of an armed association, squad, detachment, etc., for example, recruiting people into these organizations, teaching them certain skills, building an organizational structure. Participation in the management of such a formation and its financing, as well as assistance in the activities of organizations are also considered the objective side.
An armed formation may have the status of a detachment, association, squad, and other group created to carry out certain actions. For example, it could be a terrorist act.
The main sign of the formation is its illegality. It also includes the presence of cold steel or firearms among its members. Moreover, the illicit trafficking of radioactive substances or nuclear materials, their manufacture is qualified under other articles. The creation of this formation is expressed in the commission by its members of certain actions, as a result of which such a group was formed. For example, the search for weapons, the selection of participants, etc.
The management of this illegal formation is manifested in actions aimed at organizing the activities of an already created group. For example, the organization of service, the development of plans, the division of responsibilities between participants, the issuance of orders or orders, etc.
Funding refers to the provision of funds or fundraising, as well as other activities to provide material support for illegal armed groups.
Article 208 part 2 of the Criminal Code of the Russian Federation determines participation in the formation, which means entering into it and performing other actions in accordance with the tasks of the group. For example, taking duty, getting a uniform, taking an oath, taking part in classes, etc.
The illegality of the formation means that it is created and acts in violation of existing laws. This is described in Article 208 of the Criminal Code. The commentary to it provides for the term formation — the unification of a large group of individuals in order to solve a specific problem. In this case, the structure of the brigade may be different. Usually it is created on the model of a military formation.
Types of weapons in illegal armed groups can be any, but there is a nuance. One or two units do not indicate a sign of armament. At the same time, each member of the formation is not required to have special means.
The composition of this act is formal. The crime is considered completed from the moment of execution, regardless of the onset of harmful consequences. What does it mean? Simply put, article 208 of the Criminal Code of the Russian Federation provides for the termination of an act from the moment of formation of several persons into a group and the acquisition of at least several of them weapons, explosives, etc.
Subjective side
On the subjective side, the act is characterized by the presence of guilt and direct intent. Simply put, when a person who commits an act realizes that he creates an illegal criminal formation, finances it, directs it or takes part in it, which prohibits article 208 of the Criminal Code of the Russian Federation. The offense may also contain elements of other illegal acts. For example, hostage taking, murder, etc. This is qualified in conjunction with article 208. Motives and goals do not affect this. The subject of a criminal act may have, so to speak, good goals. For example, the desire to protect citizens from criminal structures.
Motive and purpose can only be taken into account when determining the measure of punishment. But they are not crucial in distinguishing between this act and other crimes similar to it (armed rebellion, banditry, terrorism).
Subject of criminal act
Who can be held accountable? 208 of the Criminal Code of the Russian Federation under the subject of a criminal offense means a sane person, but there is one more condition. It must reach 16 years.
Disclaimer
Article 208 of the Criminal Code of the Russian Federation contains an incentive norm. In his note, he indicates that a person who voluntarily terminated his participation in the formation, who surrendered weapons, can be exempted from criminal liability. There is also a reservation. A person may count on encouragement, provided that his actions did not contain a different corpus delicti. Voluntaryism means that a person stops participating in the formation on his own initiative if he has the prospect of continuing to work in the organization.
Punishment
Article 208 of the Criminal Code of the Russian Federation, part 1 provides for the punishment of imprisonment. The term is supposed to be up to fifteen years. The second part defines a less severe punishment. It provides for a period of up to ten years.
The difference from banditry
It is important not to confuse illegal armed groups and banditry. Article 208 of the Criminal Code of the Russian Federation suggests that the following tasks are set in the illegal formation: achieving certain goals. For example, religious, commercial, political, etc. A robust armed group is created in banditry. Its purpose is to attack organizations or citizens.
In addition, the presence of a gang may indicate the presence of at least one weapon in it. And for the crime we are considering, the armament is determined by a fairly significant number of units of special means.
Difference from armed rebellion
An IAF differs from an armed rebellion in that the illegal formation does not provide for active actions related to speaking out against the government. It does not set the goal of forcing or changing the constitutional order. But an illegal armed formation can develop into an armed rebellion when the objectives of an armed rebellion arise. Then the act is evaluated as a set of crimes.
Difference from terrorism
The main difference between the IAF and terrorism is the nature of the act. It must be able to distinguish. Terrorism also has special goals: intimidation of the population, violation of public safety, and influence on decision-making by the authorities.
Article 208 of the Criminal Code does not determine the purpose of the criminal act, although there is a sign of armament. But for terrorism, this feature is optional.