Decision of the plenum of the Supreme Court on banditry 1997. On judicial practice in cases of banditry. Decisions of the plenum of the Supreme Court of the Russian Federation
Russian Federation
Decision of the Plenum of the Supreme Court of the Russian Federation of 17.01.97 No. 1 "ON THE PRACTICE OF APPLICATION OF THE LEGISLATION ON LIABILITY FOR BANDITISM BY THE COURTS"
In connection with issues arising in the courts in the application of legislation that provides liability for banditry, the Plenum of the Supreme Court of the Russian Federation decides:
George Scarlatt: The Secret of Anti-Semitism in Hungary
The topic has strongly recovered on the international agenda with the war unleashed by the government in Budapest against billionaire George Soros played key anti-Semitism organizations in Hebrew and the administration in Washington, and also because the assessment of Prime Minister Viktor Orban in Miklos Horthy was an ally of the Nazis during the Second World War, which he called "a brilliant statesman." On the other hand, Prime Minister Orban denies, condemns anti-Semitism and claims to be a friend of the Jewish people.
1. To draw the attention of the courts to the particular danger of banditry representing a real threat as for the personal safety of citizens and their property, and for the normal functioning of state, commercial or other organizations.
2. A gang should be understood as an organized, stable armed group of two or more persons who have previously united to commit attacks against citizens or organizations. The gang can also be created to accomplish one, but requires careful preparation of an attack.
Accusations of anti-Semitism in Hungary or resurrection to be true? In Romania there is a saying: "When two tell you that you're drunk, go to bed." Why are not I going to say such accusations against the Czech Republic or against Romania? At the age of 14, he was taken from his parents' home in Budapest and taken to Auschwitz.
Hungary is a dualistic attitude towards Hebrew. But they are in Hebrew, namely Edward Teller, father of the hydrogen bomb, John von Neumann, Leo Szilard, Eugene Wigner, who was a Nobel laureate. That the renowned scientists listed above are Hebrew is a common thing in Europe and a multicultural America. Jews are created in all countries where they lived. And often the identity of people actually consists of several overlapping and identity of ethnic identity, cultural, civil and so on.
3. From other organized groups, the gang is distinguished for its armament and its criminal purposes - the perpetration of attacks against citizens and organizations.
4. The stability of the gang can be evidenced in particular by such signs as the stability of its composition, the close relationship between its members, the consistency of their actions, the persistence of forms and methods of criminal activity, the duration of its existence and the number of crimes committed.
It's just a strangely ambivalent attitude towards your fellow chauvinistic Hungarian Hebrew. Hungary already has problems abroad. Thus, as a result of actions to promote the Hungarian-American lobby, Hungary passed in the 1980s as a kind of Western outpost in the Soviet bloc, although the situation was the opposite, Hungary is a beautiful view of Moscow.
He refused the distinction he received from Hungary were outraged that the same distinction was awarded to the anti-Semitic journalist Zsolt Beyer, a close associate of Prime Minister Viktor Orban. Tom Lantos' daughter said that "the difference can not divide a person who deserves to be blamed, and not to honor because of his articles and speeches muck." Hungarian relations with Hungarian-American strik Jews from all sides. Most likely, to get tired, and he also explained about anti-Semitism in Hungary.
5. A mandatory feature of the gang provided for in Art. 209 of the Criminal Code of the Russian Federation, is its armament, which presupposes the presence of a gang of firearms or cold, including missile weapons, both factory-made and homemade, various explosive devices, as well as gas and pneumatic weapons.
Nazi anti-Semitism and anti-Semitism insidious. Before the Holocaust in Hungary, about 5% were of Jewish origin. During the Second World War more than 1,000 Jewish Hungary, including 000 in Northern Transylvania, occupied by Hungary Horthy with the support of Hitler and Mussolini, they were taken to Auschwitz where they died in gas chambers. The operation was to be filed by the Hungarian authorities a lot of zeal. Even the Germans told them to slow down the pace of deportations more, because they can not cope with the large number of Jews coming to the camp.
The use by participants of an attack of a weapon unfit for targeted use or its mock-ups can not be considered as a sign of their armament.
When deciding whether to recognize weapons used by members of a gang during an attack, the provisions of the Russian Federation Arms Act, and, where appropriate, the conclusion of experts, should be guided.
The Budapest version is what then the ruling regime, the "Crossed Arrows" was just a puppet of the Third Reich, Hungary, having any responsibility for the Holocaust. The Jewish communities of indignation reject the opinion of Budapest, Hungary, given that it renounces the fascist and genocidal past during the Second World War. Jobbik is gross anti-Semitism.
Jobbik shocked the civilized world of his manifestations. For example, one of the deputies of this party, the third number of seats in the parliament in Budapest, was asked to compile lists of Jews in parliament and government that would hide their identity. After that, the deputy called Marton Jionios the Jews would pose a threat to the security of Hungary.
The gang is recognized armed if there is a weapon at least of one of its members and awareness of it by other members of the gang.
6. The attack should be understood as actions aimed at achieving a criminal result by using violence against a victim or creating a real threat of its immediate application.
The attack of the armed gang is considered to be held also in those cases when the weapons the gang members did not use.
Turning to the crowd, Vona Gabor, the leader, said: "The Israeli conquerors, these investors look for another country in the world for them, Hungary is not for sale." From the same rostrum, MP Marton Jiongyosi said that "Hungary was conquered by Zionism, colonization while we, the local population, can only play the role of extras. "
Why upset Ronald Lauder Victor Orban. The project, which involved the exchange of land with the Hungarian authorities, was approved by the socialist government of Gyurcsanet, which exchanged land. Ronald Lauder: Hungary is on a dangerous path Orban lost his political compass.
7. The creation of a gang presupposes the commission of any actions resulting in the formation of an organized, stable armed group with a view to attacking citizens or an organization. They can be expressed in collusion, in the search for accomplices, in financing, in the acquisition of weapons, and so on.
The creation of an armed gang is in accordance with Part 1 of Art. 209 of the Criminal Code of the RSFSR with the completed composition of the crime, regardless of whether the crimes planned by it were committed.
They even called on the government to compile lists of Hebrew, reminiscent of the dark times of 70 years ago. Insults against Jews and Roma have become widespread in recent years. State parade uniforms and torches of these bandits sow fear among people, and many will not go out on the streets because of fear of being offended or attacked.
The Prime Minister is obliged to protect all citizens. Prime Minister Orban lost his political compass. This makes these people even stronger. On the other hand, if the government does not actively oppose hatred towards minorities, it will be even more entrenched and, finally, will not happen only in words, but in deeds.
In cases where the active actions of a person aimed at creating a stable armed group, due to their timely suppression by law enforcement agencies or other circumstances beyond their control, did not lead to the formation of a gang, they should be qualified as an attempt to create a gang.
8. Under the leadership of the gang is understood the adoption of decisions related to both the planning, material support and organization of the criminal activities of the gang, and with the commission of specific attacks.
We want to send a strong signal that Hungary - the birthplace of the third largest Jewish communities in the countries of the European Union - is a dangerous path. Anti-Semitism in Hungary can be selective. He moved to Budapest in a fortified villa, where the leading Russian mafia enterprises around the world, Budapest becomes the world capital of the Russian mafia. Mogilevich was married to Hungarian Catalina Papp with three children and became a Hungarian citizen.
Russia the fifth column of Jobbik in Hungary. Vona Gabor made several trips to Moscow. Jobbik anti-Semitism, anti-Americanism and hatred of Israel is really hatred against the West, capitalism and liberal democracy. He was accused of espionage institutions. His mother was a young unmarried and his father was a Soviet officer stationed in Hungary. Bela came to the children's home, where he was received by the Kovac family. Perhaps his foster father worked as a communist special services in Hungary, because he is seeking to provide a diplomat with a directorate, which includes, among other things, housing diplomats accredited in Budapest.
9. Participation in a gang is not only a direct participation in the attacks, but also the performance by gang members of other active actions aimed at financing it, providing weapons, transport, finding objects for attack, etc.
10. In accordance with Part 2 of Art. 209 of the Criminal Code of the RSFSR as banditry should qualify participation in the attack and such persons who, not being members of the gang, realize that they are participating in a crime committed by a gang.
Unlike other employees, Kovacs is not subject to employment probes. According to the system since then, Kovac has been recruited with the approval of senior Soviet advisers attached to the security service in Hungary. Kovacs the elder was sent to work as a watchman at the Embassy of the Republic of Hungary in Tokyo, starting with his family, including the adoptive son of Bel. In Tokyo, Bel Kovac met his future wife Svetlana Russian, an American school where he was enrolled. Svetlana then engaged in Japanese television, in the broadcast program in Russian.
The actions of persons who were not members of the gang and who did not take part in the attacks that they committed, but who assisted the gang in its criminal activities, should be classified under art. 33 and the corresponding part of Art. 209 of the Criminal Code.
11. Under the commission of banditry with the use of their official position (part 3 of article 209 of the Criminal Code of the Russian Federation), one should understand the use by a person of his authority or other official powers, uniforms and attributes, service certificates or weapons, as well as information that he possesses in connection with his official position, in preparing or committing a gang attack, or in financing its criminal activities, weapons, material equipment, the selection of new members of the gang, etc.
Upon his return from Tokyo, Bela Kovac entered the University in Moscow. Jobbik money is actually from the funds of Russian special services. He did propaganda in places like Crimea to Russia, where he was an election observer, conducted by separatists of illegal Russians and Moldova. Participation of the Russian intellect in neo-Nazi organizations in Hungary.
Russian diplomats accredited in Budapest took part in the exercises "air" soft exercises with air cannons and rockets ball. Due to a technical error, inattention of designers, it was discovered that this site was developed by the Russians. However, he worked freely. However, he did nothing to fight crime.
12. Article 209 of the Criminal Code of the Russian Federation does not provide as an obligatory element in the composition of banditry any specific purposes of the armed bandits' attacks. This can be not only the direct seizure of property, money or other values of a citizen or organization, but also murder, rape, extortion, destruction or damage to someone else's property, etc.
The military intelligence service is involved in the massacres of Roma in Hungary. For comparison, the Soviet advisers aimed at the security of Romania came out of. Prime Minister of Hungary claiming to be a great friend of the Jewish people and the State of Israel. In the context of the annual meeting of the World Hebrew Congress, which, let's not forget, was a meeting in Budapest as a warning to Hungary Orban, it was decided to show zero tolerance for anti-Semitism. We must declare zero tolerance for anti-Semitism.
Orban government is very annoyed with accusations of anti-Semitism taking place in all directions. The Minister for Foreign Affairs of Hungary rejected criticism in this regard of Frans Timmermans, Senior Vice President of the European Commission, which states the following.
13. Courts should bear in mind that Art. 209 of the Criminal Code of the Russian Federation, which establishes responsibility for the creation of a gang, leadership and participation in it or in its attacks, does not provide for responsibility for the commission of criminal acts by members of the gang in the course of an attack forming independent crimes; in this connection, . 17 of the Criminal Code of the Russian Federation, according to which, in the aggregate of crimes, the person is liable for each crime under the relevant article or part of the article of the Criminal Code of the Russian Federation.
We introduced the National Day of Remembrance for the Victims of the Holocaust. The new Hungarian constitution guarantees the safety of Hungarian Jews within the Hungarian nation and the Jewish community in Hungary can always count on the respect, friendship and protection of the Hungarian government. The Holocaust Museum in Washington demanded - unsuccessfully - Prime Minister Orban and President Ader to withdraw his friend's prize for Zsolt Beyer, a journalist who published several anti-Semitic articles. The Jewish community in Hungary and the Socialist Party, the opposition appealed to the government of Orban to bring the school curriculum of four anti-Semitic writers István Cinca, Desso Szabo, Albert Wass and Jozf Nayero.
14. According to the meaning of Art. 209 of the Criminal Code of the Russian Federation, any of the forms of banditry provided for by law are possible only with direct intent.
The subject of this crime may be a person who has reached the age of 16. Persons aged 14 to 16 who committed various crimes within the gang are liable only for those specific crimes for which responsibility is provided from the age of 14 (Article 20 of the Criminal Code of the Russian Federation).
Another international scandal was caused by a monument in Budapest in honor of the occupation of Hungary by Germany during World War II. The symbolism of the monument was considered as intended to absolve itself of responsibility for the guilt of the Holocaust of Hungary entirely by the Germans.
The campaign of Orban against George Soros was read in key anti-Semitism. He was directly inspired by the legislation imposed by Russian President Vladimir Putin in this respect. These actions reinforced the negative reputation of the Orban regime in Hungary, because they are regarded as having anti-Semitic motivation, both because of the language used by the compilers and Hebrew origin of George Soros.
15. To draw the attention of the courts to the importance of strict adherence to the principle of individualization of responsibility when assigning punishment to persons guilty of banditry. To this end, it is necessary to carefully investigate and take into account the totality of the circumstances of the case and the data on the identity of the defendants: the role and degree of the person's participation in the organization and criminal activity of the gang, the severity of the consequences resulting from the attacks that it has committed, and so on.
His speech was a real indictment against Hungary and contained all the known allegations of anti-Semitism. Incorrect accounting of Budapest. Trump's administration defeats Orban's hope. Seeing Trump attacking uncontrolled illegal immigration, political correctness and George Soros, Republicans perceived as a supporter of Hillary Clinton, Orban and his colleagues believed that their time had come. Only Syzarto was wrong. America is the largest democracy in the world, who do not like authoritarian accent regimes and, above all, rejects the anti-Semitism of everything.
17. With the adoption of this Decree, the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 21, 1993 N 9 jurisprudence on cases of banditry. "
Chairman of the Supreme Court
Russian Federation
V.M. LEPEDEV
Secretary of the Plenum,
judge of the Supreme Court
Russian Federation
VVDEMIDOV
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Having discussed the practice of examining cases of banditry by courts and taking into account that when applying the law the courts had issues requiring clarification, the Plenum of the Supreme Court of the Republic of Belarus
decides:
1. To draw the attention of the courts to the particular danger of banditry posing a real threat both for the personal safety of citizens and their property, and for the normal functioning of state, public and other organizations and associations.
2. To explain to the courts that the gang is a cohesive, stable, controlled armed group of two or more persons, organized to commit armed attacks on citizens or enterprises, institutions, organizations.
A gang can be created to commit one, but requires a thorough preparation attack.
The gang from a criminal organization is distinguished by its weapons and a criminal aim - the commission of attacks. If the activity of a criminal organization included the manifestation of banditry, responsibility should be imposed on the totality of crimes under art. 74-2 and art. 74 of the Criminal Code.
3. The stability of the gang can be evidenced in particular by such signs as the stability of its composition, the close relationship between the participants, the cohesion, the permanence of forms and methods of criminal activity.
4. The necessary sign of the gang is the presence of weapons: combat, sports, hunting fire, gas and cold, as well as various explosive devices.
A sign of armament will also be in cases when the gang is armed with chemical, biological, electrical, laser, radioactive weapons.
The gang is recognized armed with the presence of weapons, at least one of its participants and awareness of it by other gang members.
5. The use of an unsuitable weapon or its mock-ups during an attack can not be considered as a sign of armament.
6. The attack should be understood as the violent impact of gang members on individuals in order to achieve a criminal result. Violence can be both physical and mental.
The attack can be expressed not only in the violent impact on people, but also in the destruction of property, buildings, premises (explosions, arsons), seizure of vehicles. Therefore, the qualification of art. 74 of the Criminal Code is not excluded and in cases when in the attack on specific objects there were no people.
7. To explain that the organization of an armed gang consists in uniting the efforts of two or more persons in a stable armed group with the aim of committing attacks. Actions to organize the gang consist in selecting and recruiting participants, obtaining weapons, financing, planning attacks, distributing roles among gang members, etc.
The organization of an armed gang is a completed crime since the creation of the gang, regardless of whether the crimes that it planned were committed.
If the organizational actions of the person who preceded the creation of the gang did not lead to the formation of a gang, they are subject to qualification under Art. 15 and art. 74 of the Criminal Code.
8. Participation in a gang refers to activities in its interests: leadership, financing, supply of weapons, harboring gang members and instruments of crime, property obtained by criminal means, finding targets for attack, providing transport, and participating in attacks by the gang.
9. For the composition of banditry, the purpose of the attacks carried out by the gang does not matter. This can be not only the direct seizure of property, money or other values of a citizen or enterprise, institution, organization, but also murder, rape, extortion, destruction or damage to someone else's property, etc.
10. Banditry, unlike robbery and extortion committed by an organized group or by prior agreement by a group of individuals, is committed by a cohesive and stable armed group.
11. In the case of a gang committed crimes for which a more severe liability is imposed than for banditry, the offense should be qualified for a combination of crimes.
12. The courts should bear in mind that the crime provided for in Art. 74 CC, is characterized only by intentional guilt in the form of direct intent.
13. Subjects of banditry can be people who have reached the age of 16. Persons aged 14 to 16 years are responsible only for those crimes committed as part of a gang, the responsibility for which is provided from the age of 14 (Article 10
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