Art. 244 of the Criminal Code: punishment

Responsibility under art. 244 of the Criminal Code can attack the bodydeceased, destruction, desecration, damage to burial grounds, buildings belonging to the cemetery, grave facilities, buildings used for ceremonies relating to burial or commemoration. The danger of this crime consists in insulting the memory, feelings of living people to the deceased, folk customs and traditions. Let's consider further, Art. 244 of the Criminal Code with comments.

Punishment

For the indicated in the first part Art. 244 of the Criminal Code of the Russian Federation subject faces:

1. A fine of up to 40 thousand rubles. or equal to the income for 3 months.
2. No more than 360 hours of compulsory work.
3. Arrest to three meters.
4. Correctional labor up to 12 months.

Aggravating signs

Acts recorded in Part 1 of Art. 244 of the Criminal Code, can occur:

1. A group of citizens, including pre-arranged, as well as an organized community of individuals.
2. Based on racial, political, national,ideological, religious enmity, hatred towards a particular social association or with respect to an architectural, sculptural structure dedicated to the victims of fascism or the fight against Nazism, as well as the burial sites of participants in such confrontation.
3. Accompanied by violent acts or under threat of their use.

In these cases, the perpetrators may receive:

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

Specificity of Acts

Crimes defined by part one Art. 244 of the Criminal Code, differ a little weight.Acts recorded in part 2 are considered to be moderate. Immediate object is considered social relations of a moral nature, concerning traditions, customs, religious rites of burial. Crime affects the memory of the deceased, their honor, the peace of their bodies, as well as the safety of burial places. As an optional object are intangible benefits of relatives, property, etc.

Subject

They are:

1. The body of the buried.
2. The site of the burial.
3. Cemetery building.
4. Supervisory structure.

The place of burial should be considered landa site designated in accordance with ecological, sanitary and ethical standards, with cemeteries on them for burial of bodies or remains, walls for installation of urns with ashes, crematoria (buildings designed to give fire to deceased citizens) and other buildings used for ritual ceremonies. Gravestone recognizes the structure, which is a monument, a crypt, a slab, a sculpture, a stele, a statue, an obelisk, another structure containing information about the person in whose memory it is installed. The cemetery building is a building used for ceremonies connected with burial, commemoration of the deceased. It can be a chapel, a church, a ritual hall, a crematorium and so on. Burial is the ritual action for the burial of the body / remains of a citizen after his death in accordance with traditions and customs that do not contradict sanitary and other norms.

The objective part

Art. 244 of the Criminal Code the responsibility for:

1. Abuse of the body / remains of the deceasedrights. It is a question of desecrating, immoral, cynical actions in relation to a buried or temporarily uninhabited person. It can be extracting remains from the grave, dismembering the corpse, inflicting damage on him, kidnapping clothes, jewelry, including dental crowns, unauthorized transfer of the body to another place.
2. Destruction of areas where people are buried,supermodels, 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 exploitation is impossible.
3. Desecration of structures, buildings, structures.Under such an action, one should understand cynical, immoral behavior incompatible with the purpose of objects. It can be drawing drawings, inscriptions, impurities, etc.

Qualification features

If, together with the deeds recorded in the Art. 244 of the Criminal Code, acts committed by Article 282 have been committed,punishment comes in accordance with the totality of norms. For example, the culprit, among other things, can be shouted out by unauthorized persons with nationalist slogans. Explanations on the overall qualification in such cases are given in paragraph 11 of the Plenary Decree BC. Secret theft of objects that are in a grave, a coffin, or on a corpse before burial, are additionally punished under art. 158. Sexual orientation is characterized as an outrage. 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 classified in 167 articles.

Additionally

The crime has a material and formalcomposition. In the case of abuse of the body, desecration of burial grounds, cemetery buildings, gravestones and structures, the deed is recognized completed at the time of any action forming the objective part. At destruction or destruction the crime will be finished at occurrence of corresponding consequences. The subject, who can be convicted under art. 244 of the Criminal Code of the Russian Federation, is a natural person of 16 years of age, sane.