Rusya Federasyonu Ceza Hukukunda suça teşebbüs
Özet
It is seen that not only the criminal attempt but also the preparation for crime are punished in accordance with the Criminal Code of Russian Federation. However, the preparation for crime is just punished in the scope of indictable offense and major crime but the preparation for summary offense and the secondary offense are not penalized.Nevertheless, the preparation for crime is not generally penalized in the practice. Because, this kind of actions are not usually dangereous for social life. In accordance with the Article 14/2 of Criminal Code of Russian Federation, an action which is not considered as dangereous for social life since it is not very important shall not be considered as the crime although it is included in the crime type written in the criminal code.It is accepted in the criminal code of Russian Federation that the criminal attempt and the preparation for crime are possible only with the direct intention.The criminal attempt for the crime which cannot be committed is also penalized in accordance with the criminal code of Russian Federation. For instance, to give chalk powder to somebody to kill by assuming that the chalk powder is the posion or to shoot a dead body to kill by assuming that person is alive are penalized in accordance with the provisions for the criminal attempt. However, the actions which are not dangereous for social life such as curse, malediction or black magic are considered and penalized in the scope of the Article 14/2 of the Criminal Code of Russian Federation.The voluntary waiver is regulated as the `stop the actions for preparation for crime or stop the actions aimed to commit the crime direct? in the Criminal Code of Russian Federation.The effective repentance conditions before and after the crime are stated in the Criminal Code of Russian Federation. The effective repentance before committing the crime is considered as the matter in mitigation for the general punishment. The effective repentance after committing the crime is considered as the reason to revoke the punishment in some cases.