Among all the crimes encroaching on the defense capability and economic security of the state, sabotage is considered one of the most dangerous. This act was criminalized until 1994. For a long time, it remained decriminalized, which negatively affected the security of the state.
In the absence of strict measures of responsibility for sabotage, this crime began to be committed very often, especially in the 90s of the last century. Given the current situation, lawmakers have come to the conclusion that it is necessary to re-include sabotage as part of the criminal offenses in an amended form. Currently, liability for this crime is enshrined in Art. 281 of the Criminal Code. Consider the features of the application of the norm.
Art. 281 of the Criminal Code of the Russian Federation "Diversion"
The current version of the norm establishes a punishment for arson, explosion, other actions causing the destruction or damage of enterprises, communications, transport infrastructure, vehicles, life support facilities of citizens aimed at undermining the defense and economic security of the state. For these acts, in accordance with Part 1 of Art. 281 of the Criminal Code, guilty faces imprisonment for 10-15 years.
Qualifying Compositions
The first of them is enshrined in part 2 of article 281 of the Criminal Code. According to the norm, a more severe punishment is established if the acts specified in part 1 are committed as part of an organized group or entail significant property damage or other serious consequences. For this, the perpetrator faces imprisonment of 12-20 years.
In h. 3 Article. 281 of the Criminal Code of the Russian Federation secured an even more severe punishment. It is imputed if the acts provided for in paragraphs 1 and 2 were accompanied by the deliberate infliction of death on a person. For this, the perpetrators will be punished with 15-20 years or a life sentence of imprisonment.
Art. 281 of the Criminal Code with comments
As mentioned above, the responsibility for sabotage was re-introduced into the Criminal Code. Moreover, the following actions were excluded from the list of signs by which the corpus delicti was established earlier:
- mass extermination of people;
- the spread of epizootics / epidemics;
- the commission of mass poisoning.
In the current edition of Art. 281 of the Criminal Code of the Russian Federation focuses on the sabotage focus on the destruction or damage of defense facilities and the national economic complex, the livelihood of the population.
As can be seen from the content of the norm, the list of objects of abuse was narrowed, and the wording of the purpose of the act was changed and specified. In the previous version of the norm, the emphasis on weakening the state was clearly visible. In the current art. 281 of the Criminal Code refers to undermining the country's defense and economic security.
Characteristics of the act
Sabotage is considered an extremely dangerous crime. This is due to the fact that the defense capability and economic security of the state acts as the object of the attack, and the act itself is committed in socially dangerous ways. All this, of course, threatens the health and life of the population.
Based on the content of Article 281 of the Criminal Code, the subjects of abuse include:
- enterprises - factories, combines, factories, etc .;
- structures - dams, bridges, power plants, tunnels, etc .;
- transport and means of communication;
- life support facilities - warehouses with food, water supply systems, etc .;
- means of communication.
Objective aspect
Illegal actions of the guilty are expressed in the commission of arson, explosion, and other generally dangerous behavioral acts. Among the latter, for example, can be attributed flooding, landslides, damage by toxic substances, etc.
The purpose of all these actions is to cause destruction or damage to the objects of defense and life support of the population, to harm the health or life of citizens.
Under the destruction should be understood bringing the property into complete disrepair. In this condition, the facilities cannot be restored or their reconstruction is not economically feasible.
Damage is considered to bring property into partial disrepair. Such objects can be restored.
Nuances
A sabotage is recognized to be completed at the time of the commission of socially dangerous actions specified in part 1 of the commented article. Moreover, the onset of consequences does not matter for qualification.
Material damage arising from the commission of acts is taken into account, but affects the determination of the degree of guilt and the severity of the punishment.
Subjective side
The diversion is always committed with direct intent. This means that the perpetrator is aware of the unlawfulness of actions, understands the consequences, but wants to commit a crime.
Motives of action are very different. For example, saboteurs can be guided by selfish intentions, a desire to take revenge, hatred of the existing state system, etc. As an indispensable criterion for assessing an act under Art. 281, the goal is to damage economic security and undermine the state’s defense.
Dangerous effects
The subjective aspect of the qualified composition provided for in part 2 of the commented norm reflects the material component of the act. In other words, the perpetrator, committing deliberate actions, understands their danger, assumes that there will be significant property damage or other grave consequences, but wants them to come.
In this context, causing death to a person by negligence is not excluded. In the course of sabotage there is always a risk of death. If death occurred as a result of negligence, then the qualification of the totality of attacks is not carried out. If the purpose of the action was specifically death of people, then the punishment is imposed under Articles 281 and 105 of the Criminal Code.
You can be held accountable for an act from the age of 16.
Damage and other consequences
Significant property damage - is an appraisal concept. The amount of damage is determined individually in each case. The assessment will depend on the cost, value and quality of the facility and other factors. The amount of expenses necessary for the restoration of property is also of importance.
Other serious consequences include:
- causing harm to health of varying severity;
- obstruction of the normal operation of enterprises;
- disorganization of the activities of authorities.
The difference from the attack
The key criteria for differentiation are the direction of action. In a terrorist act, perpetrators seek to influence decision-making by government or international organizations.
If the saboteur is a citizen of the Russian Federation acting on the instructions of a foreign state or institution, he will be held liable in conjunction with treason, expressed in the form of assistance in conducting a hostile policy towards the Russian Federation.