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Criminal code.doc
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I) committed for motives of hooliganism;

j) committed for the purpose of concealing another crime, or to facilitate its commission, as well as a murder combined with rape or forcible actions of a sexual character;

k) for a motive of social, national, racial, or religious hatred, enmity, or vendetta;

l) committed for the purpose of the use of the organs or tissues of a victim;

m) committed by a person who earlier had committed a murder, except for acts stipulated by Articles 97-100 of the present Code, -

shall be punished by deprivation of freedom for a period from ten up to twenty years with the forfeiture of property or without it, or by capital punishment with the forfeiture of property or without it, or by life-time deprivation of freedom with the forfeiture of property or without it.

Article 97. A Murder by a Mother of a Newborn Baby

A murder by a mother of her newborn baby, either during delivery or in the subsequent period, which is committed in conditions of a mentally traumatizing situation or in a state of a mental disorder, but not legal insanity, -

shall be punished by a restriction of freedom for a period up to four years or deprivation of freedom for the same period.

Article 98. A Murder Committed in an Emotional State

1. A murder committed in a strongly emotional state (affect) which suddenly emerged, which is caused by violence, mockery, or a grave insult, or by other illegal or immoral acts (omission of acts) by a victim, as well as that which is caused by a protracted mentally traumatizing situation, which emerged in relation to the systematic unlawful or amoral behaviour of a victim,

shall be punished by restriction of freedom for a period up to three years or detention under arrest for a period up to six months, or deprivation of freedom for a period up to three years.

2. A murder of two or more persons committed under circumstances indicated in the first part of this Article shall be punished by deprivation of freedom for a period up to five years.

Article 99. A Murder Committed Exceeding the Limits of Necessary Self- Defence

A murder committed exceeding the limits of necessary self-defence, -

shall be punished by a restriction of freedom for a period up to two years, or by deprivation of freedom for the same period.

Article 100. A Murder Committed Exceeding the Measures Necessary for Detention of a Person Having Committed a Crime

A murder committed exceeding the measures necessary for detention of a person having committed a crime, -

shall be punished by restriction of freedom for a period up to three years, or by deprivation of freedom for the same period.

Article 101. Causation of Death by Negligence

1. Causation of death of negligence shall be punished by a restriction of freedom for a period up to three years, or by deprivation of freedom for the same period.

2. Causation of death by negligence to two or more persons, -

shall be punished by restriction of freedom for a period up to five years, or by deprivation of freedom for the same period.

Article 102. Driving Someone to Suicide

1. Driving a person to suicide or to make a suicide attempt by way of threatening, cruel treatment or systematic humiliation of the human dignity of a victim, shall be punished by restriction of freedom for a period up to three years, or by deprivation of freedom for the same period.

2. The same act, committed against a person who was in complete material or other dependence upon the guilty person, -

shall be punished by restriction of freedom for a period up to five years or deprivation of freedom for the same period.

Article 103. Deliberate Causation of Serious Damage to Health

1. The deliberate causation of serious damage to health which is dangerous to a person's life, or which entailed a loss of eyesight, hearing, or a certain organ, or a loss by an organ of its functions, or which inflicted a permanent facial disfigurement, as well as causation of other damage to health which is dangerous to life, or which entailed a decline in health, combined with a considerable loss of general work capacity by not less than one third, or the complete loss of professional capacity, the guilty person being aware of that fact, or which entailed discontinuation of pregnancy, a mental disorder, causation of drug addiction or addiction to toxic chemicals, -

shall be punished by deprivation of freedom for a period from three up to seven years.

2. The same act committed:

a) with regard to two or more persons;

b) with regard to a person or his relatives in relation to the performance by that person of his official activity or the performance of his professional or public duty;

c) with regard to a person who was in a helpless state, the guilty person being aware of that fact, as well as which is combined with kidnapping or seizure of a hostage;

d) with extreme brutality;

e) by an organised group;

f) for hire;

g) for motives of hooliganism;

h) for a motive of social, national, racial, or religious hatred or enmity;

i) for the purpose of using organs or tissues of a victim;

j) repeatedly or by a person who earlier had committed a murder stipulated by Article 96 of the present Code, -

shall be punished by deprivation of freedom for a period from four to eight years.

3. Acts stipulated by the first and second part of this Article, which entailed a victim's death by negligence, -

shall be punished by deprivation of freedom for a period from five to ten years.

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