RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of January 17, 1997 No. 1

About practice of application by courts of the legislation on responsibility for gangsterism

Due to the questions arising at courts in case of application of the legislation providing responsibility for gangsterism, the Plenum of the Supreme Court of the Russian Federation decides:

1. Draw the attention of courts to special peril of the gangsterism posing real threat as for personal security of citizens and their property, and for normal functioning of the state, commercial or other organizations.

2. It is necessary to understand organized steady armed group from two and more persons which in advance united for making of attacks on citizens or the organizations as gang. The gang can be created also for making of one, but requiring thorough training of attack.

3. The gang differs from other organized groups in the armament and the criminal objectives - making of attacks on citizens and the organizations.

4. About stability of gang can witness, in particular, such signs as stability of its structure, close interrelation between her members, coordination of their actions, permanency of forms and methods of criminal activities, duration of its existence and quantity of the committed crimes.

5. The obligatory sign of gang provided by Art. 209 of the Criminal Code of the Russian Federation is her armament assuming availability at participants of gang of fire or cold, including throwing weapon, both factory production, and self-made, different destructive devices, and also gas and pneumatic weapon.

Use by participants of attack unsuitable to target use of weapons or its prototypes cannot be considered as sign of their armament.

In case of the solution of question of recognition by weapon of the objects used by members of gang during attack it is necessary to be guided by provisions of the Law of the Russian Federation "About weapon", and in necessary cases and the expert opinion.

The gang is recognized armed in the presence of weapon at least at one of her members and awareness on it of other members of gang.

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