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

of January 27, 1999 No. 1

About court practice on cases on murder (Art. 105 of the Criminal Code of the Russian Federation)

For the purpose of ensuring the correct application of the legislation providing responsibility for intentional causing death to other person, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. By hearing of cases about the murder which is especially serious crime for which making purpose of the most stiff punishment from the punishments prescribed by Art. 44 of the Criminal Code of the Russian Federation of types is possible courts shall fulfill strictly the requirement of the law on comprehensive, complete and objective investigation of the facts of the case.

On each such case the fault form shall be established, motives, the purpose and method of causing death to other person are found out, and also other circumstances important for the correct legal treatment of deeds and appointment to the guilty person of just punishment are researched.

2. If murder can be committed both with direct, and with indirect intent, then attempted homicide is possible only with direct intention that is when the deeds demonstrated that the guilty person realized public danger of the actions (failure to act), expected opportunity or inevitability of approach of death of other person and wished its approach, but death did not come on the circumstances which are not depending on it (in view of the active resistance of the victim, intervention of other persons, timely rendering medical care to the victim, etc.).

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