Magis Global –

March 20, 2018

Russian Federation

Category: General – Tags: – Joan – 9:20 am

Exclusive intent to harm, according to Clause 1, Article. 10 g of the Russian Federation should not include in its terms of actions that are performed not only for the sole purpose of causing harm to another person, but to get some benefit for themselves. Otherwise is an expansive interpretation of the law. However, we can assume that there might be such cases where a person performs actions with the sole intention of causing harm to another person, but the damage is not objectively caused by circumstances beyond his control. Moreover, the damage has not yet arrived, but the threat of attack exists, but the intention to harm another person can be known not only him but also others.

Can say, in this case that in these actions no chicane or you must enter an additional institution – the attempt in the form of chicanes? In the literature, expressed an opinion on this matter. Thus, the author of the monograph – Yatsenko TS answers this question in the negative: "So, apparently, and in fact his actions were as a realization of the rights belonging to him. The issue of prosecution of the person performing the right, just not may arise. " In our opinion, the potential victim at this stage can prove in court the existence of objective harm him. This person may file a petition to ban the activities, which creates a danger harm in the future on the basis of Clause 1, Article. 1065 GR RF.

At the time of the assassination attempt in the form of chicanes is a direct encroachment on protected public relations, which are under threat of causing the desired perpetrator of harm. The offense has already begun, but not yet completed and if completed, without harmful consequences to another person, due to circumstances beyond the control of it. Therefore, in order to balance interests of preventing crime and, importantly, the harm should be in a separate attack in the form of institution chicane.

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