INVIOLABILITY AND SEXUAL FREEDOM OF THE PERSON

Department of Criminal Law

CRIMINAL LAW

(PART SPECIAL)

PLANS OF SEMINAR AND PRACTICAL STUDIES

For third year students

(ISSUE 2)

Nizhny Novgorod – 2006

Workshop on the Special Part of Criminal Law Issue 2 (tasks for seminars and practical classes are prepared on the basis of the program for this discipline, thematic plan and is intended for cadets of the 3rd year of full-time education).

The workshop was prepared by Associate Professor Chuprova A.Yu.

Approved at the meeting of the department

September 2, 2006 Protocol #1

Topic 1. CONCEPT, SYSTEM AND TASKS

SPECIAL PART OF CRIMINAL LAW.

QUALIFICATION OF CRIMES AND COMPETITION OF REGULATIONS .

Seminar session

Plan

1. The concept, system and tasks of the Special Part of Criminal Law.

2. The concept, meaning and stages of qualification of crimes.

3. The concept and types of competition norms.

Topic 2. CRIMES AGAINST LIFE .

Seminar session

Plan

1. The concept, signs and classification of crimes against life.

2. The concept and signs of murder.

3. Murder under aggravating circumstances: types and features of qualification. Decisions of the Plenum of the Supreme Court of the Russian Federation of 27.01.1999 No. “On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)”

4. Privileged types of murder: concept and signs.

5. Causing death by negligence. Leading to suicide.

6. Crimes endangering a person’s life (threat of murder, leaving in danger).

Practical lesson

1. Prepare an analytical report on the problems of qualifying murders (on the example of at least five published cases).

2. Solve problems:

Task 1

Yelagin and Rachkov, drunk, detained V. Makarov, who was riding a bicycle. At the same time, Rachkov grabbed the steering wheel and Makarov fell to the ground. At this time, Makarov’s brothers Makarov N. and Makarov R., seeing that two drunks were pestering their brother, ran up and a fight broke out between them and Elagin and Rachkov. At the same time, Rachkov ran home. After that, the fight stopped, and the Makarovs apologized to Elagin, and since he was drunk, Makarov V. escorted him home. When Yelagin and Makarov V. were talking peacefully at the house, Rachkov ran to the place of the fight with an ax in his hands to take revenge on the Makarovs. Seeing Makarov and Elagin, and mistaking them both for the Makarov brothers, he inflicted a blow to Elagin with an ax and nine chopped wounds to Makarov V. on the head and chest. Both suffered minor bodily harm.

Task 2

A quarrel arose between Chinov and Ladygin while drinking alcohol in the park’s gazebo. Chinov threw Ladygin onto a bench and began to hit him on the head with a whetstone and a bottle. When the bottle broke, he continued to strike with the remainder of the sharp-edged bottle. Noticing that Ladygin was breathing, Chinov took a nail and began to pierce his throat. Then he made a loop from the belt taken from Ladygin, threw it around his neck and strangled him.

Task 3

Pylaev, in collusion with Alenov, committed the theft of valuables in the amount of 3,000 rubles, which he sold through his wife. Alenov demanded from Pylaev a share of the stolen property. Pylaev asked to postpone the calculation. A few days later, Alenov again came to Pylaev and demanded money or part of the stolen money. To get rid of Alenov’s claims, Pylaev killed him and pulled 615 rubles, a fountain pen and a lighter out of his pockets.

Task 4

Levin, being in a state of intoxication, pushed Mr. Khramtsov’s motorcycle into a ditch. Thinking that Rakhimov, Yusupov, Rachkov and Mukhin, who were passing nearby, did this, Khramtsov cursed them with obscene words and demanded to pull the motorcycle out of the ditch. Having received a refusal, Khramtsov began to threaten them, and then, rolling the motorcycle out of the ditch, started it and crashed into their group at high speed, causing serious bodily harm to Rakhimov. After that, Khramtsov drove four times at high speed past the victims who were carrying Rakhimov in their arms, as a result of which they were forced to leave the road.

Task 5

Kulikov, being in a state of intoxication, molested unfamiliar women, expressed himself in obscene words. Passenger Lapshin reprimanded him and demanded to stop obscene behavior. Kulikov got off at the bus stop after Lapshin and stabbed him several times in the neck and back. Lapshin died a few hours later from his injuries.

Task 6

Goryanov, having learned that his wife was in a state of pregnancy, suggested that she have an abortion. When Goryanova refused to do this, scandals began to arise between the spouses, during which Goryanov beat his wife.

After the birth of the child, Goryanov was reluctant to give his wife money to buy things for the child, relations between the spouses became even more hostile, and Goryanova announced her desire to dissolve the marriage and collect alimony for the maintenance of her 5-month-old daughter.

Taking advantage of his wife’s departure from the room, Goryanov poured vinegar essence into the child’s mouth. As a result of acute poisoning with vinegar essence and burns of the mucous membrane of the mouth, throat, larynx, esophagus and stomach, the girl died two days later.

Task 7

Plotnikov, a plant mechanic, was fired from his job for absenteeism and filed a lawsuit in court to reinstate him at work. At the court session, the foreman of the site where Plotnikov worked, Ruchyev, was interrogated, who spoke about the systematic violation of labor discipline by Plotnikov. The court denied Plotnikov’s claim, and he made threats against Ruchyev.

Meeting him two days later on the street, Plotnikov stabbed Ruchyev in the chest and killed him.

Task 8

Proskurnyakov and Ibriyan drank alcohol in the latter’s apartment, and a quarrel arose between them, during which Proskurnyakov killed the latter with a knife he had in the presence of Ibriyan’s two-year-old son. After that, he called Ibriyan’s concubine, and in her presence he cut off the head of the murdered man and began to kick her with his feet, forcing a young child to do the same.

Topic 3. CRIMES AGAINST HEALTH.

Seminar session

Plan

1. The concept and types of crimes against health.

2. Intentional infliction of grievous bodily harm: concept, composition and types. Ratio or difference from murder.

3. Intentional infliction of light and moderate harm to health.

4. Beatings and torture.

5. Infection with a venereal disease. HIV infection.

Practical lesson

1. Prepare an analytical report on the problems of qualifying encroachments on health (on the example of at least five published cases).

2. Solve problems:

Task 1

Yesin, Gorkov and Chebotarev drank alcohol in a wood warehouse. Esin quarreled with Gorkov and struck him twice on the head with a tree trunk. Gorkov died from the grievous bodily injuries he received. The length of the tree trunk is 2 m 40 cm, diameter is from 7 to 13 cm.

Task 2

Katz, having come home, found his mother lying on the floor in an unconscious state. Since she, systematically drinking, quarreled with her neighbors, Katz decided that her neighbors Nefedov and Stenicheva had beaten her, and decided to deal with them. Taking a knife from the kitchen, Katz knocked on Nefedov’s apartment and asked permission to make a phone call. When Nefedov opened the door, Katz, in the presence of his daughter, stabbed him in the chest, inflicting a mortal wound. After that, he broke into the apartment of a neighbor, Stenicheva, where, besides her, there was a young daughter and grandchildren, and, going up to Stenicheva, who was lying on the bed, began to stab her in the chest with a knife. Katz inflicted 6 wounds on Stenicheva, but thanks to timely medical care, she survived.

Task 3

Lyapunova, having a son at the age of 1 year 10 months, did not work anywhere, brought men into the room and drank.

On April 22, 1974, while drunk, she began to beat her son. At the cry of the child, neighbor Baranov entered the room and demanded to stop the beating. Lyapunova declared that she would do whatever she wanted with her son, and after driving Baranov out of the room, she locked the door and continued to beat the boy. Neighbors gathered near the room and, hearing the boy’s cries, deaf blows on the floor and Lyapunova’s exclamations that she was tired of her son, burst into the room and saw that she, sitting on her son’s feet, hit his head on the floor. The boy had multiple abrasions and bruises on his face and body, concussion.

Task 4

Fedulov, in a state of intoxication, heard how Kuzin’s flatmate made a cynical proposal to his twelve-year-old daughter. Outraged, Fedulov went out into the common kitchen and began to beat Kuzin, punching and kicking him, inflicting serious bodily harm, from which the victim died 5 days later.

Task 5

Khokhlov returned home drunk, behaved unworthily aggressively. In response to Indyukov’s remark, he began to approach him with raised hands, cursing obscenely. Turkeys first stepped back, and then pushed Khokhlov away from him. As he fell, Khokhlov stumbled over the threshold and through the unlocked door fell onto the landing on the cement floor. Khokhlov died in the hospital 6 days later from a traumatic brain injury.

Task 6

Borisov and Fedotov were in hostile relations, on the basis of which Borisov twice inflicted moderate harm on Fedotov’s health. Late in the evening Fedotov went to school to celebrate the New Year. As soon as he appeared in the school yard, 8-10 friends of Borisov, threatening with reprisals, attacked him and began to beat him. Fedotov started to run. When Fedotov ran a few meters away, he ran into Vavilov. He, not knowing what the matter was, spread his arms and made an attempt to detain Fedotov. The latter, believing that Vavilov was part of a group of pursuers, stabbed him in the stomach, causing serious bodily harm.

Task 7

Zheleznyakova, being six months pregnant, stood in line for groceries. One of the women, Galimova, wanted to get the goods without a queue, to which Zheleznyakova began to object. In response, Galimova kicked her in the abdomen. As a result, Zheleznyakova had a premature birth. The child was born dead.

Task 8

Rabbits found out that he was HIV-positive and immediately informed his beloved about the disease. In response, she stated that she loved him, could not live without him, that she would always be with him and would die with him. At her request, Rabbits had sexual intercourse with her. Qualify what you did. Justify your decision

Task 9

Sakhnova led a free lifestyle and had promiscuity. Upon learning that she was pregnant, she turned to a familiar doctor Khlebnikova, who had previously worked as a neurosurgeon (but had experience in obstetrics before graduating from a medical institute), and now a pensioner with a request to have an abortion. She explained her reluctance to make this request to an official health care institution by shyness and fear of publicizing the fact of an abortion. Yielding to persuasion, Khlebnikova had an abortion at home. After the abortion, Sakhnova felt unwell and called an ambulance. Examination of the patient showed the need for urgent surgical intervention. As a result of the surgical operation, Sakhnova lost the ability to bear children. Qualify what you did. Justify your answer.

Topic 4. CRIMES AGAINST FREEDOM, HONOR

AND PERSONAL ADVANTAGES.

Seminar session

Plan

1. The concept and types of crimes against freedom, honor and dignity of the individual.

2. Abduction of a person: concept, composition and types. ratio with similar compounds.

3. Human trafficking: concept, composition and types.

4. Use of slave labor.

5. Slander and insult.

Practical lesson

1. Prepare an analytical report on the problems of qualification of infringements on the freedom, honor and dignity of a person (on the example of at least five published cases).

2. Solve problems:

Task 1

Karaulov and Goiman, having met six-year-old Kravchuk on the street, put him in a car and drove him to the village to Karaulov’s mother, where the child was in good conditions and he was provided with proper care. Calling the boy’s father, Goiman demanded that he refuse to conclude a lucrative contract under the threat of causing death to the child. Two days after being in the village, the child developed a fever, and the criminals took the sick child to the child’s parents. The actions of Karaulov and Goiman are qualified according to: a) Art. 126; b) 127 of the Criminal Code of the Russian Federation.

Task 2

Semyonova, knowing that her daughter and son-in-law abuse alcohol and do not raise their two young children, secretly took her grandchildren off the street and went with them to the village to her sister. A month later, the children began to ask to go home, Semenova did not let them go, but they managed to escape from the village. On the way to the city, they were detained by police officers (the children were wanted as abducted) and they were told about everything.

Task 3

Makarova, wanting to save her family and hide from her husband the deceit about her alleged pregnancy, stole a three-month-old baby from a stroller in Moscow and fraudulently registered him in her name with the village administration.

Task 4

Rubaev received a message that his cousin had been kidnapped by Shavloev to marry her. Rubaev, together with his friends, began to look for the kidnapped woman and demanded that the kidnapper’s relatives return her to her parents. In the afternoon, Rubaev, in collusion with persons unidentified by the investigation, grabbed Shavlaev’s brother, pushed him into a car and took him to his relatives’ house, where he held him, beating him and demanding to know the whereabouts of the abducted woman. At about 5 pm on the same day, the victim was taken by Shavlaev’s relatives to the RROVD. After making sure that she was alive and well, Rubaev and his friends decided to release Shavlaev and brought him home in the evening.

Task 5

The head of the municipal controlling institution, Dmitriev, learned from his subordinates that his deputy Sladkov received gifts from controlled organizations for favorable decisions for them. Knowing the untruthfulness of the information received, Dmitriev, nevertheless, during an interview with a correspondent of a local TV channel, accused Sladkov of unlawful behavior, stating his last name, the dates he received the gifts, the donor organizations and the names of the gifts that were given to him. The investigating authorities did not find confirmation of what Dmitriev said in an interview with a correspondent. Resolve the issue of Dmitriev’s responsibility.

Task 6

Novikova called her roommate Valieva “barren” during an argument. Valieva appealed to the court with a statement in which she asked to bring Novikova to justice for the insult.

Task 7

Demin, having a dislike for Pirogova, drew obscene drawings on the fence near her house and wrote obscene words, addressing them to Pirogova. For two days, these drawings were in full view of people.

Task 8

Out of revenge, Pustovoitov decided to disrupt the wedding of his friend Danilova, who did not agree to marry him. To this end, under a plausible pretext, he invited her fiancé Frolov to his home and, threatening to “disfigure the turtle like a god,” forced him to go down to the underground, where he kept him for two days. At the appointed time, the wedding did not take place, Danilova considered herself disgraced by the fact that Frolov changed his mind about marrying her and fled on the eve of the wedding, as a result of which she had a heart attack and she was treated in the hospital for two months.

Task 9

Having quarreled with their underage daughter Anya, the Kotovs decided not to let her go out in order to “repel her from bad company.” However, the girl declared that she herself had the right to choose her friends, and began to get ready to leave the house. When her parents took away her keys and locked her in one of the rooms of the apartment, and Anya’s friends and teachers at school were told that she had left the city somewhere. A few days later, Anya managed to inform her friends that she was at home and forcibly deprived of the opportunity to go out, and they reported this to the prosecutor’s office.

Task 10

Pirunova decided to get rid of her long-bored husband. To do this, she contacted a doctor acquaintance, Karenin, who offered his assistance in placing her husband in a psychiatric hospital. The solution to the “problem” cost Pirunova $2,000: $500 to Karenin for assistance and $1,500 to the head of the psychiatric hospital, who prepared the necessary documents for the hospitalization of Pirunov, who was “suffering from schizophrenia.” Decide on responsibility for what you have done. Justify your answer.

Topic 5. CRIMES AGAINST SEX

INVIOLABILITY AND SEXUAL FREEDOM OF THE PERSON

Seminar session

Plan

1. Rape: concept, composition and types. Distinguished from sexual assault. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2004 No. 11 “On judicial practice in cases of crimes provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation”

2. Compulsion to act of a sexual nature. Difference from rape.

3. Sexual intercourse and other acts of a sexual nature with a person under the age of 16. Difference from rape.

4. Lewd acts.

Practical lesson

1. Prepare an analytical report on the problems of qualification of infringements on sexual inviolability and sexual freedom of the individual (on the example of at least five published cases).

2. Solve problems:

Task 1

Sabaev tried to persuade R. to have sexual intercourse, however, she insisted on marriage. Having agreed to the marriage, Sabaev began to cohabit with R., but a week later he announced that he did not intend to marry until he finished his studies at the institute. R. applied to the prosecutor’s office with a request to bring Sabaev to criminal liability.

Task 2

Bodrov, putting Ch. on a motorcycle, driving around the city, you were driving out of town. Near the forest plantation, he stopped the motorcycle, threw Ch. to the ground and tried to have sexual intercourse with her. Ch. actively resisted Bodrov and scratched her face.

As a result, Bodrov abandoned his intention and brought her to the city on a motorcycle.

Task 3

Galkin, with his friends Surkov and Saidov, invited V. and her friend Sh. for a car ride outside the city. Having driven off the road into the depths of the forest, they stopped and began to drink vodka. Left in the car with V., Galkin began to persuade her to have sexual intercourse, then, using force, overcame her resistance and raped her. Shaken by what had happened, V. fell ill with mental illness and tried to commit suicide by throwing herself off a bridge.

Task 4

Lykov went to see A., who was in a strong degree of intoxication, from the party. On the way, Lykov raped her and left her half-naked in the snow. A. was found frozen.

Task 5

Dundykin met Yu., who was previously married and had a young daughter. Once, while at Yu.’s apartment, Dundykin offered her to have sexual intercourse with him, but Yu. refused. Then Dundykin said that otherwise he would rape Yu’s 5-year-old daughter, who at that time was on the street. Yu. allowed Dundykin to have sexual intercourse with her, but he said that “tomorrow she will again have to pay in kind, otherwise she will be forced to use her daughter for sex.”

.

Topic 6. CRIMES AGAINST THE CONSTITUTIONAL RIGHTS AND FREEDOM OF A HUMAN (CITIZEN)

Seminar session

Plan

1. The concept and classification of crimes against the constitutional rights and freedoms of a person (citizen).

2. Violation of privacy: concept, composition and types.

3. Violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other messages.

4. Violation of the inviolability of the home.

5. Crimes violating the exercise of electoral rights.

6. Violation of labor protection rules. Difference from similar offenses.

7. Violation of copyright and related rights. Violation of invention and patent rights.

Practical lesson

1. Prepare an analytical report on the problems of qualifying infringements on the constitutional rights and freedoms of a person (citizen) (using at least five published cases as an example).

2. Solve problems:

Task 1

During the election campaign, the candidate for the Regional Legislative Assembly, Laptev, through the private detective Fedorov, collected incriminating information about the personal lives of his rivals Borisov and Pugachev and used them at a meeting with voters. Give a legal assessment of Laptev’s actions.

Task 2

The director of Tonus LLC Kotyusov refused to hire a Lithuanian citizen permanently residing in Russia, saying that in Lithuania the Russian population is oppressed by local authorities and thus he protests against the discriminatory policy of the Lithuanian authorities. Give a legal assessment of Kotyusov’s actions.

Task 3

Plumber Klenov, installing a shower cabin in the apartment of his neighbor Shokhina, built a miniature video camera into the cubicle partition. For six months, Klenov kept a video recording of each visit by a neighbor to the shower. Once, being in a state of intoxication, Klenov came to Shokhina and demanded that she marry him, otherwise he would show the records he had to the whole house. Evaluate Klenov’s behavior.

Task 4

The postman Sumkina, when delivering written correspondence to Pronin, systematically opened and read letters that came to his address from abroad from his son, who had left for permanent residence in France. After reading the letter, she sealed the envelope and dropped it into the mailbox. The postman retold the content of the letter to her friend, the ex-wife of Pronin Jr., with whom he developed an hostile relationship after the divorce, and she wanted to know how he lives. Give a legal assessment of Sumkina’s actions.

Task 5

Turning to the head nurse of the psychiatric hospital, Usova, Vyalkina asked her to copy the medical history of her son-in-law Kolosov for two thousand rubles, then showed it to her daughter, demanding that she divorce her husband. Give a legal assessment of the actions of Usova and Vyalkina.

Task 6

The foreman of the construction of a residential building, Igoshin, did not give an order to fencing and lighting the foundation pit, as a result of which, late at night, a car driven by Kustov, a resident of another region, fell into an unenclosed pit, and the driver himself died. Evaluate the actions of Igoshin. Will the qualifications change if the car belonged to the construction contractor, and its driver, who brought bricks to the construction site, although he knew that the pit was not fenced, did not notice the edge of the pit in the dark.

Task 7

The head of the police department, Gusev, forbade his subordinates, under the threat of dismissal, to let TV journalist Krotov into the district department and answer any questions about the work of the department, offended by a critical story about his activities in local news. Are there signs of a crime in Gusev’s actions?

Task 8

The director of the “Start” plant, Popov, ordered the workers of his plant to take part in the picketing of the building of the local administration, which, for economic reasons, refused to place an order for the production of stop pavilions at the plant. In case of non-compliance with his order, Popov threatened to deprive the bonus workers who disobeyed him. Give a legal assessment of Popov’s actions.

Topic 7. CRIMES AGAINST THE FAMILY

AND MINORS

Seminar session

Plan

1. Involvement of a minor in the commission of a crime.

2. Involving a minor in committing antisocial acts.

3. Illegal adoption. Disclosure of the secret of adoption.

4. Failure to fulfill obligations for the upbringing of a minor.

5. Malicious evasion of the payment of funds for the maintenance of children or disabled parents.

Practical lesson

1. Solve problems :

Task 1

Trushin, deputy head of the DEZ, asked 15-year-old Svistunov, whose mother worked as a janitor at the DEZ, to take out several sets of sanitary equipment from the warehouse after the end of working hours and hand them over to Kukushev, head of the section of the Home Goods store. Svistunov, fearing that Trushin might fire his mother for his refusal to participate in this “dark affair”, complied with the latter’s request. The audit found that Trushin illegally appropriated ten sets of imported plumbing equipment and sold them through a commercial store.

Task 2

Sinitsyn, the stepfather of 14-year-old Voloshin, repeatedly beat his stepson because he did not do well at school and did not show “due diligence” in carrying out his instructions. After another “educational event” involving beatings and reproaches against the teenager for parasites, Sinitsyn told him to get out of the house and not appear without money. To Voloshin’s question: “Where can I get them from?”, he replied: “Where do you want, at least earn money, at least steal.” Two days later, Voloshin was detained in a store while trying to steal three video cassettes.

Task 3

Venkov repeatedly offered his young brother Artem, who was in his care, to “experience the buzz” from inhaling the vapors of a foreign agent for combating harmful insects, but he refused. Then he and his friend Kuskov forcibly put a plastic bag on Artyom’s head and injected a significant amount of an intoxicating substance into it. As a result, the boy was severely poisoned and was taken to the hospital.

Task 4

The nurse of the maternity hospital Roshchina, wanting to take revenge on Serova, who had previously refused to marry her son, replaced Serova’s newborn child with another, who was left in the maternity hospital by the mother. Six months later, Roshchina informed Serova about what she had done and asked for forgiveness for it. Serova suffered a heart attack and was treated in the hospital for two weeks.

Task 5

During a quarrel between Pavlov and his dacha neighbor Gnilov, the latter began to rudely insult Pavlov and tried to kick him several times. The 17-year-old son of Pavlov, Viktor, came to the noise, who began to defend his father and said that he would not allow humiliating treatment of him. Then the enraged Gnilov declared: “Your father is not here, he is lying somewhere under the fence. And you are an ordinary foster child!” Pavlov was forced to confess to Viktor that he had adopted him when he was eight months old and his parents abandoned him.

Task 6

Sokolov, after the death of his wife, began to abuse alcohol, stopped raising his 14-year-old son Mikhail. As a result, the boy twice stayed in the second year in the eighth grade, spent time in the company of children registered with the police, was detained several times for being drunk on the street and stealing parts from cars. After Sokolov was summoned to the juvenile inspectorate to give explanations about the reasons for such defiant behavior of Mikhail, he severely beat his son and kicked him out of the house.

Task 7

Pakhomov, by a court decision, was obliged to support his disabled father, but for several months he never paid the amount of money due from him. Pakhomov explained his behavior by the fact that his elderly father is a fairly wealthy man, since he has a solid foreign exchange account, and he himself, having an income in the amount of the minimum subsistence level, is forced to support his sick wife and two young children.

Task 8

The court ordered Anina to pay alimony for the maintenance of her young children. However, he said that he would not do this, since the ex-wife “will still spend this money with her boyfriends.” Instead, Anin began to buy monthly gifts for his daughters in the form of clothes, toys and food. Anin’s ex-wife, dissatisfied with the fact that she does not receive the money due to her, demanded that he be brought to justice. At the time of the initiation of the criminal case, it was established that Anin officially did not work anywhere.

Topic 8. CRIMES AGAINST PROPERTY

Seminar No. 1

Plan

1. The concept and types of crimes against property. The concept and signs of theft.

2. Theft: concept, composition and types.

3. Fraud: concept, composition and types. The difference from theft.

4. Assignment and waste: concept, composition and types. The difference from theft.

5. Robbery: concept, composition and types. The difference from theft.

Seminar lesson number 2

Plan

1. Robbery: concept, composition and types. Unlike robbery.

2. Theft of items of special value.

3. Extortion: concept, composition and types. Difference from robbery and robbery.

4. Causing property damage by deceit or breach of trust. Unlike fraud.

5. Unlawful possession of a car or other vehicle.

Practice #1

1. Prepare an analytical report on the problems of qualifying encroachments on property (using at least five published cases as an example).

2. Solve problems:

Task 1

The watchman of the Agricultural Cooperative, Lychkov, knowing that there were electric motors on the farm’s feed mill, asked Kuzkin to bring him an electric motor, promising 700 rubles for this. Kuzmin suggested that Valin, who worked on the farm, steal the engine of the unit for Lychkov. Valin agreed and the next day brought the engine to Lychkov. Having tested the electric motor, Lychkov refused to take it, because it had low power and offered to bring another one. Valin brought another motor the same day and received the promised money. Kuzkin knew that Valin had stolen two motors.

Task 2

Thirty-year-old, previously convicted of embezzlement, Litvinov offered 12-year-old Morgunov, for a reward of 100 rubles, to climb into the window of the apartment on the first floor and open the front door for him, Litvinov, from the inside. Morgunov complied with Litvinov’s request and received the promised reward. Litvinov took out material assets worth 300,000 rubles from this apartment.

Task 3

Nyrkov, having arrived for building materials at the warehouse of the plant, loaded into a car without permission a pack of sheet steel weighing 8 tons, worth 22,240 rubles. At the warehouse, his acquaintance Klimov got into a car and, having learned that the steel was stolen, agreed to sell it. To this end, Nyrkov and Klimov arrived in the village of Urazovka and unloaded a pack from an acquaintance Sakhaletfinov. The stolen goods were sold to citizens, the proceeds in the amount of 33,150 rubles were divided among themselves.

Task 4

Khrumova accidentally met Yesayan at the station, who was waiting for the train. In an effort to gain confidence, Khrumova asked Yesayan to look after her belongings (a shopping bag and a raincoat) while she shopped at the station buffet. Returning from the buffet, Khrumova suggested that Yesayan also go to the buffet, promising to look after her suitcase. When Yesayan went to the buffet, Khrumova took her suitcase and tried to hide, but was detained while boarding the tram.

Task 5

On September 30, 2000, Davydov came to store No. 29 at about 4 pm. Looking into the service corridor, he saw a box with Aragvi cognac, which was lying on the floor next to empty boxes. Taking the box, Davydov went out through the service entrance of the store and went towards the bus stop. Soon he saw two saleswomen chasing him. Together with the box, Davydov ran behind the wooden sheds, where, leaving the box, he tried to hide. A policeman who happened to be right there detained Davydov, after which the latter pointed out where he had left the box.

Task 6

Farmer Khamaev, during his vacation, instructed his neighbor Sidorenko to look after the farm and livestock. The latter took advantage of the absence of the owner and on the horse belonging to Khamaev, as well as with the help of his own equipment, for a fee, on the orders of his fellow villagers, he performed agricultural work. In total, Sidorenko received more than 3,800 rubles in this way.

Task 7

The head of the building materials warehouse Samodurov, the foreman Neverov and the foreman Kuntsevich, by prior agreement, due to the deterioration in the quality of the work performed and the preparation of false documents, created surpluses of cement and other building materials, which they sold to private individuals, and spent the proceeds for their own needs.

Task 8

Dukhnevich, the general director of Broker LLC, concluded agreements with a number of commercial organizations on the purchase of shares of a profitable company for them by bank transfer. However, when transferring the value of shares by buyers to the settlement account of Broker LLC, contrary to the terms of the agreement, he, contrary to the terms of the agreement, did not pay for the shares, but sold them to other legal entities at a lower price, and cashed the money received from the sale through bills of a commercial bank and appropriated it, causing everyone of these legal entities, damages exceeding 1 million rubles.

Task 9

Rustamov broke the window of the Moskvich-412 car, owned by Timoshenov, and entered the salon in order to steal the car radio. However, first decided to try to start the car engine. He did it. Significantly exceeding the speed of the car in urban conditions, Rustamov lost control, drove to the side of the road and crashed into a pole. As a result, the lighting pole and the car received significant damage. Rustamov “got off” with abrasions and bruises. Leaving the scene, he decided to take a leather bag, three car seat covers, two audio speakers and a gas pistol from the passenger compartment. Rustamov did not take the radio tape recorder, because he did not want to waste time dismantling it (it was necessary to escape from the scene as quickly as possible). Decide on responsibility for what you have done. Justify your answer.

Task 10

Myshkin and Brevnov paid a visit to the director of a limited liability partnership, Busyrev, with an offer of protection from criminal gangs. At the same time, the visitors offered Busyrev to pay them 15-20% of the partnership’s monthly profit. A week later the visit was repeated. Busyrev told Myshkin and Brevnov that he did not need their services. To this, the visitors threatened Busyrev with physical violence and the destruction of the property of his company. Leaving, Myshkin and Brevnov took with them seven equalizers (goods sold by the company) for a total of 2,500 rubles as a future payment for their services. Qualify what you did. Justify your decision.

Task 11

Ivanova offered unattended young children to exchange their expensive overalls and jackets for balloons, sweets and chewing gum. Kv

Be First to Comment

Leave a Reply

Your email address will not be published.