Practical criminal law
Replenishment date: 22.01.2015
Content: 50122232305957.doc (190.5 KB)
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Description
Practical tasks
Task 1. A citizen of the Russian Federation, Abrosimov, in the territory of the Republic of Kyrgyzstan, committed theft of someone else's property, which he sold, and with the proceeds he bought three F-1 grenades and a homemade pistol.
In the city of Syktyvkar, a day after the robbery of a commercial store, he was detained by police officers. During the search, grenades and a homemade pistol were seized from Abrosimov.
1. Is Abrosimov subject to responsibility for theft of someone else's property, robbery, illegal acquisition and carrying of weapons and ammunition under the Criminal Code of the Russian Federation?
2. Determine the type of disposition and sanctions in the articles of the Criminal Code of the Russian Federation, which provide for criminal liability for these crimes.
Problem 2. An auxiliary worker Mutalibov, while working at a food warehouse, stole 6 kg of flour worth 32 rubles.
Does the act committed by Mutalibov constitute a crime?
(Before solving the problem, read article 158 of the Criminal Code of the Russian Federation and article 7.27 of the Administrative Code of the Russian Federation).
Problem 3. The headman of the student hostel Limanov twice persuaded Artamonova, who lives in the hostel, not to arrange a shower room in a public washbasin that was not designed for these needs. When this happened again, in the presence of other students, he insulted her, calling her "pig." Artamonova went to court with a request to convict Limanov for insult (part 1 of article 130 of the Criminal Code). The court refused to consider the case, referring to Part 2 of Art. 14 and the wrong behavior of Artamonova herself.
Is the court decision legal?
Problem 4. Skobina left her eighty-year-old sick father alone in an unheated room, without food, and left the village for 5 days. Neighbor Brusov heard requests from Father Skobina for help, but did not provide it. The victim died of hypothermia and hunger.
Are there grounds for bringing Skobina and Brusova to criminal liability under Art. 125 of the Criminal Code of the Russian Federation? Determine the type of composition provided for in Art. 125 of the Criminal Code of the Russian Federation, on the structure and design of the objective side.
Task 5. Employees of the Federal Security Service of the Russian Federation, when leaving the Pskov region, detained Gutmanis and Poimanis, who were trying to smuggle out of the Russian Federation more than 50 icons of historical and cultural value.
1. What does the socially dangerous act committed by Gutmanis and Poimanis encroach on?
2. Determine the subject of the crime.
Problem 6. Vedeneev called a plumber to change the sink in the kitchen. The plumber Rakov came with a student Mokin. Having changed the sink, Rakov and Mokin left, having previously taken half a bottle "to work" from the refrigerator without Vedeneev's knowledge. In the courtyard of the house, Rakov poured vodka into Mokin's glass, and he himself began to drink from the bottle. After taking a few sips, they felt bad. Rakov died in the hospital, and the doctors managed to save Mokin. As it turned out, the bottle contained sulfuric acid.
Mokin's relatives demanded that Vedeneev be brought to criminal responsibility.
Did Vedeneev violate the safety rules by putting a bottle of acid in the refrigerator, and can he be prosecuted?
Task 7. US citizen Smith, on the instructions of one of the special services, collected information constituting a state secret of the Russian Federation.
1. Can Smith be a subject of high treason (Article 275 of the Criminal Code of the Russian Federation)?
2. Espionage (Art. 276 of the Criminal Code of the Russian Federation)?
3. If Smith were stateless, could he be held responsible for high treason?
Problem 8. Gorkov, 73 years old, in a state of intoxication, climbed the steps of the stairs, from behind he was called by citizen Serkov. Turning around, Gorkov swayed and, losing his balance, fell, breaking his head.
Decide whether Serkov is guilty.
Task 1. A citizen of the Russian Federation, Abrosimov, in the territory of the Republic of Kyrgyzstan, committed theft of someone else's property, which he sold, and with the proceeds he bought three F-1 grenades and a homemade pistol.
In the city of Syktyvkar, a day after the robbery of a commercial store, he was detained by police officers. During the search, grenades and a homemade pistol were seized from Abrosimov.
1. Is Abrosimov subject to responsibility for theft of someone else's property, robbery, illegal acquisition and carrying of weapons and ammunition under the Criminal Code of the Russian Federation?
2. Determine the type of disposition and sanctions in the articles of the Criminal Code of the Russian Federation, which provide for criminal liability for these crimes.
Problem 2. An auxiliary worker Mutalibov, while working at a food warehouse, stole 6 kg of flour worth 32 rubles.
Does the act committed by Mutalibov constitute a crime?
(Before solving the problem, read article 158 of the Criminal Code of the Russian Federation and article 7.27 of the Administrative Code of the Russian Federation).
Problem 3. The headman of the student hostel Limanov twice persuaded Artamonova, who lives in the hostel, not to arrange a shower room in a public washbasin that was not designed for these needs. When this happened again, in the presence of other students, he insulted her, calling her "pig." Artamonova went to court with a request to convict Limanov for insult (part 1 of article 130 of the Criminal Code). The court refused to consider the case, referring to Part 2 of Art. 14 and the wrong behavior of Artamonova herself.
Is the court decision legal?
Problem 4. Skobina left her eighty-year-old sick father alone in an unheated room, without food, and left the village for 5 days. Neighbor Brusov heard requests from Father Skobina for help, but did not provide it. The victim died of hypothermia and hunger.
Are there grounds for bringing Skobina and Brusova to criminal liability under Art. 125 of the Criminal Code of the Russian Federation? Determine the type of composition provided for in Art. 125 of the Criminal Code of the Russian Federation, on the structure and design of the objective side.
Task 5. Employees of the Federal Security Service of the Russian Federation, when leaving the Pskov region, detained Gutmanis and Poimanis, who were trying to smuggle out of the Russian Federation more than 50 icons of historical and cultural value.
1. What does the socially dangerous act committed by Gutmanis and Poimanis encroach on?
2. Determine the subject of the crime.
Problem 6. Vedeneev called a plumber to change the sink in the kitchen. The plumber Rakov came with a student Mokin. Having changed the sink, Rakov and Mokin left, having previously taken half a bottle "to work" from the refrigerator without Vedeneev's knowledge. In the courtyard of the house, Rakov poured vodka into Mokin's glass, and he himself began to drink from the bottle. After taking a few sips, they felt bad. Rakov died in the hospital, and the doctors managed to save Mokin. As it turned out, the bottle contained sulfuric acid.
Mokin's relatives demanded that Vedeneev be brought to criminal responsibility.
Did Vedeneev violate the safety rules by putting a bottle of acid in the refrigerator, and can he be prosecuted?
Task 7. US citizen Smith, on the instructions of one of the special services, collected information constituting a state secret of the Russian Federation.
1. Can Smith be a subject of high treason (Article 275 of the Criminal Code of the Russian Federation)?
2. Espionage (Art. 276 of the Criminal Code of the Russian Federation)?
3. If Smith were stateless, could he be held responsible for high treason?
Problem 8. Gorkov, 73 years old, in a state of intoxication, climbed the steps of the stairs, from behind he was called by citizen Serkov. Turning around, Gorkov swayed and, losing his balance, fell, breaking his head.
Decide whether Serkov is guilty.
Additional Information
Problem 9. Kochetov, deciding to kill Potokueva, was waiting for her by the road along the abandoned construction site. Seeing Potokueva, Kochetov fired 2 shots at her from a hunting rifle, but did not hit. He did not shoot any more and gave up his criminal intentions.1. How should Kochetov's actions be viewed from the point of view of the doctrine of the stages of a crime?
2. What is the difference between finished and unfinished
Problem 10. Smirnov committed a crime under Article 109 of the Criminal Code of the Russian Federation and was sentenced to two years of suspended imprisonment, with a probationary period of two years. During the probationary period, Smirnov committed theft of someone else's property, for which he was sentenced under Part 1 of Article 158 of the Criminal Code of the Russian Federation to 2 years in prison.
What final punishment can be assigned to Smirnov? What rules will apply for the final penalty?
Problem 11. Police officer Vlasenko and the commandant of the hostel of workers of the weaving factory "Zarnitsa" Plokhova went around the premises to identify and remove unauthorized persons. They saw Basaladze, Yankov and Klemakov in the corridor of the third floor. In response to the policeman's demands to leave the hostel, Basaladze insulted Vlasenko, after which the latter went to the first floor to call a patrol to detain Basaladze. Plokhova followed him there, followed by Klemakov, Yankov and Basaladze. Going down to the first floor, Vlasenko stopped. Plokhova went to the room on duty, where the telephone was located, Klemakov and Yankov - past Vlasenko to the exit. At this time, Basaladze, who was following them, descended the stairs leading up. Vlasenko, fearing reprisals from Basaladze, killed him with a pistol shot.
Did the police officer act in a state of necessary defense? Solve the question of Vlasenko's responsibility.
Problem 12. Somov was convicted of robbery (Article 162 of the Criminal Code of the Russian Federation) to 3 years in prison with a fine of 10 thousand rubles.
1. Is the punishment in accordance with the law?
2. What type of punishment does the fine refer to?
Problem 13. Agarkov was convicted of violating traffic rules, which resulted in the death of two people, under Part 5 of Art. 264. The court sentenced him to 5 years' imprisonment with confiscation of a car and deprivation of the right to drive a vehicle for a period of 2 years.
1. Give an assessment of the legality of the decision taken by the court.
2. How many and what additional sentences can be imposed for the commission of one crime?
Problem 14. Sharikov, being in a state of strong alcoholic intoxication, on New Year's Eve 2000, out of hooligan motives, killed his friend. Fearing responsibility, he went to his relatives in the near abroad and lived with them for about 7 years. On April 25, 2007 he was arrested.
Can Sharikov be released from criminal liability due to the expiration of the statute of limitations?
Problem 15. Malashenko was convicted of stealing someone else's property to two years of correctional labor without imprisonment and served the sentence in full. A year later, the staff of the store in which Malashenko worked, appealed to the court with a petition for the early removal of her criminal record, justifying her decision by the fact that she proved her correction by exemplary behavior and an honest attitude to work, and the presence of a criminal record prevents Malashenko's promotion in the service ...
Give an answer to the petition.
Problem 16. 14-year-old Kurin was sentenced to compulsory work for 4 hours a day for a total of 170 hours.
Is the court verdict legal?