Article 359 of the criminal code. Mercenary. Responsibility for a mercenary

Combat mercenary began in the last century. In 1977 he adopted the additional Protocol to the Conventions from 1949 To 1989 in new York endorsed international act, increasing penalties for mercenary activities, involving the active contribution of each state in the elimination of this phenomenon in the world, including through the use of guilty to criminal punishment.

Russian law

Article 359 of the criminal code of the mercenary, training, financing, other material provision of individuals as well as their use in armed conflicts or military actions is punished with imprisonment for 4-8 years. If these acts are committed by the subject, to use his official position or against a minor shall be imprisonment for 7-15 years. Additionally, depending on the circumstances, may be charged a fine of up to 500 thousand rubles or equal income in 3 years with restriction of liberty for 1-2 years. War of mercenaries involved in the conflict or hostilities, shall be punished by three to seven years in prison. Further can be imputed to the restriction of liberty for 1-2 years.

Note

As a mercenary is the entity which seeks to obtain financial reward. However, he is not a citizen of a country participating in the armed conflict/military operations, does not reside on its territory permanently. The person addressed in a state to perform official duties, an employee is not considered.

Comments to article 359 of the criminal code

Mercenary requires the involvement of persons:

1. Who will fight for personal gain, and they do promised a party to the conflict or on behalf of a financial reward, the amount of which is much higher than that that promised or paid to combatants of similar rank that are included in the personnel of the armed forces of the state.
2. Are Not nationals of a country participating in hostilities, does not reside on its territory permanently.
3. Not included in the composition of the armed forces of a state party to the hostilities.
4. Not sent by the country, not serving as participants in the armed conflict, the implementation of official task as a subject included in its aircraft.
5. Specially recruited locally or abroad for the subsequent participation in an armed confrontation. Thus, in particular, appeared Mercenaries in Syria on the side of ISIS (an organization banned in Russia).

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Additional features

Punishment in article 359 of the criminal code is imputed to the person if it is in any situation other than those described above, specifically recruited on the spot or outside the territory of the conflict for joint violent actions aimed at:

1. The overthrow of the current government or undermining the constitutional foundations of the country.
2. The violation of the territorial integrity of the state.

These goals, in particular, pursue Mercenaries in Syria from banned in many countries, including in Russia, the terrorist organization ISIL.

Specific composition

The Punishment under this article applies to persons who are guided primarily by the desire to gain significant personal benefit while participating in the conflict. In this case the person is induced to join Foreign Legion the direct payment of large amounts of money or promise of reward. Punishment will be applied for comment on the rule to any person who is recruiting, using, financing or training of those that meet the above criteria. Article. 359 of the criminal code also applies to nationals who commit or attempt to commit any crime listed in the above-mentioned Conventions. While nothing can limit the scope of the provision.

International law

The Key provisions relating to this issue determined by the Declaration of international legal principles relating to friendly relations and cooperation among States. According to the document, each power has the duty to refrain from creating or encouraging the organization of armed bands or irregular forces to invade other territories. Thus, Foreign Legion, consisting of recruited citizens will be considered a violation of the Declaration, adopted in accordance with the UN Charter. It is worth noting that Russia is not involved in the Convention from 1989 note to Article 359 of the criminal code formulated on the basis of the provisions of the Additional Protocol of 1977

Terminology

Under the financial reward specified in the Article 359 of the criminal code, should be understood to obtain a person for the activity or work of money or other valuables, property benefits. Entity non-resident in a country participating in the conflict, is a citizen of another state or a person without citizenship.

Differentiation definitions

It is Necessary to distinguish mercenaries from employees non-belligerent countries sent in business trip to perform official tasks definedthe bilateral agreements. These can be advisors, instructors, consultants, other entities providing necessary assistance in the preparation of military personnel and training them in military Affairs. In accordance with the Federal law "On military duty", for example, the service is performed by foreigners under the contract. These actors are endowed with the status established by the Federal law №76.

Recruitment

Under it you should understand the actions aimed at the employment service, the achievement of a written or oral agreement with a citizen of third party state of its involvement in the conflict for financial reward. Recruitment can be expressed in agitation, drawing up the wish list, registration, directing them to sabotage the school database and so on. Training is the activity on psychological and physical training, the process of obtaining mercenaries special knowledge in the military sphere, training of skills, techniques, use of weapons, equipment, ammunition, explosives, and so on. The financing entity involved in the armed conflict involves any material support. To it including should include the direct transfer of the subject of money, the discovery of his name on the Bank account, the purchase of appropriate uniforms, weapons, and so on.

Additional features

The Use of mercenaries in conflicts on the territory of other States called their attraction to direct participation in the fighting. Under the latter, in turn, should be understood not only perform actions during battles, but also their preparation and planning. As a mandatory symptom for the application of article 359 of the criminal code is the existence of an armed conflict or military actions on the territory of another state. The crime is considered completed after commencement of an action defined in the law as the recruitment, training, material, including financial support, use of individuals trained in special landfills and other facilities, as well as the beginning of participation of the person.

Subjective

The Punishment under article 359 of the criminal code can be applied to sane citizens from the age of sixteen. In part 2 of the commented rules subject special. It is the person who commits a crime using your service status. As it can be any person including a public servant. In addition, in the second part of article listed aggravating circumstance-committing a crime against a minor. We are talking about persons who have not attained 18 years of age. Using his official status to call such actions done contrary to the official interests. Part 2 accountable including involved actors, implementing managerial functions in private companies, employees in the structures of local government.