Date: 27.03.

20
Task#1
A. Look at four criminal cases. Each person has pleaded guilty. You have
to decide the punishment for each person. Write a report describing the
punishment and your reasons for giving it.

Name Mary Jenson

Occupation doctor
Family married, two children
Crime Dr Jenson gave an overdose to a 75-year-old patient
who had cancer. The patient had asked for the overdose.
The
patient’s family have accused the doctor of murder.
Punishment
1. Causing death by
negligence - shall be
punishable by restraint of
liberty for a term of up to two
years or imprisonment for the
same term. 2. Causing death
by negligence due to
improper performance by a
person of his professional
duties - shall be punishable by
restraint of liberty for a term
of up to three years or
imprisonment for the same
term with the deprivation of
the right to occupy certain
positions or engage in certain
activities for a period of up to
 three years or without it. Rev.
nFederal Law of 08.12.2003 N
162-ФЗ) 3. Causing death by
negligence to two or more
persons - shall be punishable
by restraint of liberty for a
term of up to five years or
imprisonment for the same
term with the deprivation of
the right to occupy certain
positions or engage in certain
activities for a period of up to
three years or without it. (Part
Three is introduced by the
Federal Law of 08.12.2003 N
162-ФЗ)

Reasons A doctor can be held criminally

liable if the patient's health has
been inflicted severe or moderate
harm or the result of an action
(inaction) of medical personnel is
death. There is also a risk of
receiving a bribe, official forgery
and illegal issuance of recipes
The Criminal Code distinguishes
direct and indirect intent. Direct
intent is when “a person was
aware of the social danger of his
actions (inaction), foresaw the
possibility or inevitability of the
onset of socially dangerous
consequences, and wished for
their onset”. And indirect - when "a
person was aware of the social
danger of his actions (inaction),
foresaw the possibility of socially
dangerous consequences, did not
want to, but consciously allowed
these consequences or did not
care about them." 1. Murder,
that is, intentionally causing
death to another person, is
punishable by imprisonment
for a term of six to fifteen
years. 2. The murder of: a)
two or more persons; b) a
person or his relatives in
connection with the
performance by this person of
official activities or the
fulfillment of a public duty; c)
of a person known to be guilty
in a helpless state, as well as
involving the abduction of a
person; d) a woman who is
 obviously pregnant for the guilty
person; e) committed with
particular cruelty; e) committed in
a generally dangerous way; e.1)
based on blood feud; g) committed
by a group persons, by a group of
persons by prior conspiracy or by
an organized group; h) for
mercenary motives or for hire, as
well as associated with robbery,
extortion or banditry; and) from
hooligan motives; j) in order to
conceal another crime or to
facilitate its commission, as
well as involving rape or
violent acts of a sexual
nature; or of a social group;
m) in order to use the organs
or tissues of the victim, - m)
has lost force. - Federal Law of
08.12.2003 N 162-ФЗ is
punishable by imprisonment
for a term of eight to twenty
years, or life imprisonment, or
the death penalty.

Name Karl Anderson

Occupation student
Family none (age 14)
Crime Karl was in shopping centre with a group of friends. He
stole a pair of expensive sunglasses from one shop and
some sweets from another. He has offered to pay for
glasses and sweets. He says his friends made him do it.
Punishment
If the theft was committed by
a minor under the age of 14,
parents or guardians will be
liable for this, and the minor
will usually be registered with
the juvenile commission.
Parents are required to pay a
fine and compensate for the
value of the stolen property.
But, even if the theft was
committed by a teenager
aged 14 to 16 years, a fine is
also imposed on parents. The
minimum penalty that will be
assigned to a teenager is a fine, at
the same time, if the value of the
stolen does not exceed a
thousand rubles, the theft is
qualified as petty theft and is
considered an administrative
violation. The Code of
Administrative Offenses of the
Russian Federation in Article 7.27
obliges to compensate in this case
the victim in the amount of five
times the purchase price of the
stolen goods. This penalty cannot
be set in less than one thousand
rubles. In article 88 of the Criminal
Code of the Russian Federation it
is written which punitive measures
can be applied to minors. Let's
consider some of them:
Mandatory work (in the
amount of 40 to 160 hours),
and only those that can be
performed by the minor
themselves. Compulsory work
is appointed in their free time.
No more than two hours a day
for young people aged 14 to
15 years, and no more than 3
hours a day for young people
aged 15 to 16 years; A fine in
the amount of 1,000 rubles to
50,000 rubles. The obligation to
pay a fine may be passed on to
parents or guardians;
Restriction of freedom for a period
of 2 months to 2 years;
Deprivation of liberty (not assigned
 to persons from 14 to 16 years of
age who have committed a minor
or moderate crime for the first
time). This sentence is being
served in an educational colony.
Reasons
According to the current
legislation, minors are persons
under the age of 18 years.
Criminal liability is provided for any
criminal acts from 16 years old,
and for serious crimes - from 14
years old. Persons under the age
of 14 are not criminally liable, as
the legislator believes that at that
age a person is not able to
recognize the consequences of his
actions. The criminal liability of
minors is determined by Article 87
of the Criminal Code of the
Russian Federation, taking into
account factors affecting a person
who has violated the law, both at
the time the act was committed
and before that. Theft can be
recognized as a crime of minor
gravity, as well as moderate
(depending on the damage
caused to the victim), therefore,
the guilty person will not be
deprived of his liberty if he was
under 16 years old at the time of
the commission of the crime. Let's
get back to the situation we
already mentioned - theft from the
store. The minimum penalty
that will be assigned to a
teenager is a fine, at the same
time, if the value of the stolen
does not exceed a thousand
rubles, the theft is qualified as
petty theft and is considered
an administrative violation.
The Code of Administrative
Offenses of the Russian
Federation in Article 7.27
obliges to compensate in this
case the victim in the amount
of five times the purchase
price of the stolen goods. This
penalty cannot be set in less
than one thousand soms. For
any crime committed, the criminal
law of Kyrgyzstan provides for its
type of responsibility. Criminal,
most severe, liability shall be
incurred by a person who has
 reached the age of sixteen by the
time of the commission of the
crime.

Name Jack Cumming

Occupation truck driver
Family married, four young children
Crime Mr Cumming was driving his truck after drinking with some
friends on his birthday. He was stopped by the police. He
has
 never done this before. He says if he loses his licence he will
lose his job and won’t be able to support his children.
Punishment
in any case, the driver will be
punished by law. the code has
10 penalties for drunken
driving Deprivation of rights In
Russia, traveling behind the wheel
is punishable by deprivation of
rights for 1.5-2 years, regardless
of the circumstances of the
violation. The world most often
happens differently. For example,
in Argentina, after the driver got
caught for the second time, he is
deprived of his license for a year,
and if for the third time, then for
life. In Western European
countries, the rights of drunk
drivers are taken away for a period
similar to Russia, but the
punishment there depends on the
level of alcohol concentration in
the blood. Car confiscation The
seizure of cars from drunk drivers
is a common measure, but it is
used differently in different
countries. In France and in some
US states, vehicles are
 confiscated only by “recidivists,”
and in Venezuela and El Salvador,
cars of all the guilty, without
exception, are transferred to state
ownership. The issue of
introducing an “eternal” car
confiscation is actively being
discussed by our neighbors -
Ukraine and Belarus, but no final
decisions have been made on it
yet.
Reasons The Code of Administrative
Responsibility, which was valid
until January 1, if the inspector of
the Road Safety Administration
requires automatic and suspicious
actions for the driver that he drives
a car in the form of a DVR in order
to deliver it to a drug treatment
center where doctors receive an
examination. He wrote out a fine
of 20 thousand. UAH. Somov, the
car is put in a fine place, a driver's
license is subject only to a court
decision. Now article 128 "Driving
while intoxicated" of the Code of
the Kyrgyz Republic on violations
is as follows: 1. Driving a vehicle
with a driver under the influence of
alcohol, drugs or substance abuse
shall be sanctioned by a fine of the
8th category. 2. The transfer of
driving a vehicle to a person who
is intoxicated, is subject to a
penalty of the 7th category. 3. The
refusal of the driver or the person
driving the vehicle to undergo, in
accordance with the established
procedure for examining the state
of intoxication, a fine of the 3rd
category. By the way, the driver
can appeal the protocol written to
him by the inspector of the traffic
police, as the representative of the
authorities has no evidence that
the driver was drunk and was
driving while intoxicated. drivers
discuss new fines for violation of
traffic rules in article 128. In
particular, fines are divided into
eight categories. The fine for
drunk driving belonged to the 8th,
its size - 17,500 soms. Under the
new laws, the driver can refuse to
be examined, and the fine for this
is Som 5,500 for the 3rd category
of traffic violations. That is, a
drunk driver can refuse to undergo
a survey and pay only 5,500
soms. After that, his car will not be
 put in the penalty parking lot and
they will not even take away the
driver’s license.

Name Elizabetta Madison

Occupation housewife
Family married, three children
Crime In the last three years Ms Madison has left her husband nine
times. Each time she went to a refuge for women whose
husbands are violent. On 16th May she phoned the police to
say that her husband was hitting her and her children. The
police said there was nothing they could do. Then they got
a call from a neighbor saying they had heard a gunshot.
They went to the house and found Mr Madison dead. Ms
Madison
said: “I thought he was going to kill the children”.
Punishment
by law she will be guilty.
murder Article 109. Causing death
by negligence 1. Causing death by
negligence - shall be punishable
by restraint of liberty for a term of
up to two years or imprisonment
for the same term. 2. Causing
death by negligence due to
improper performance by a person
of his professional duties - shall be
punishable by restraint of liberty
for a term of up to three years or
imprisonment for the same term
with the deprivation of the right to
occupy certain positions or
engage in certain activities for a
period of up to three years or
without it. (Part two in Rev.
Federal Law of 08.12.2003 N 162-
ФЗ) 3. Causing death by
negligence to two or more
persons - shall be punishable
by restraint of liberty for a
term of up to five years or
imprisonment for the same
term with the deprivation of
the right to occupy certain
positions or engage in certain
activities for a period of up to
three years or without it. (Part
Three is introduced by the
Federal Law of 08.12.2003 N
162-ФЗ) 1. Murder committed
in a state of sudden strong
emotional disturbance (affect)
caused by violence, bullying
or grave insult on the part of
the victim or other unlawful or
immoral acts (inaction) of the
victim, as well as a prolonged
psycho-traumatic situation
arising from a systematic
 unlawful or immoral behavior
of the victim, - shall be
punished by restraint of
liberty for a term of up to
three years or imprisonment
for the same term. 2. The
murder of two or more
persons committed in the
state of passion is punishable
by deprivation of liberty for a
term of up to five years.

Reasons
Section 105. Murder 1. Murder,
that is, intentionally causing death
to another person, is punishable
by imprisonment for a term of six
to fifteen years. 2. The murder of:
a) two or more persons; b) a
person or his relatives in
connection with the performance
by this person of official activities
or the fulfillment of a public duty;
c) of a person known to be guilty
d) women who know that he is
guilty of a state of pregnancy; d)
committed with extreme cruelty; f)
committed in a generally
dangerous manner; persons,
group of persons by prior
conspiracy or by an organized
group; h) for mercenary motives or
for hire, as well as associated with
robbery, extortion or banditry; i)
from hooligan motives; j) with the
purpose of concealing another
crime or facilitating its
commission, as well as involving
rape or violent acts sexual nature;
k) for reasons of political,
ideological, racial, national or
religious hatred or enmity, or for
hatred or enmity against any
social group; m) for the use of
organs whether tissue victim, -
m) has lost force. - Federal
Law of 08.12.2003 N 162-ФЗ
is punishable by imprisonment
for a term of eight to twenty
years, or life imprisonment, or
the death penalty. 1. Causing
death by negligence - shall be
punishable by restraint of liberty
for a term of up to two years or
imprisonment for the same term.
2. Causing death by negligence
due to improper performance by a
person of his professional duties -
shall be punishable by restraint of
liberty for a term of up to three
years or imprisonment for the
same term with the deprivation of
the right to occupy certain
positions or engage in certain
activities for a period of up to three
years or without it. (Part two in
Rev. Federal Law of 08.12.2003 N
162-ФЗ) 3. Causing death by
negligence to two or more persons
- shall be punishable by restraint
of liberty for a term of up to five
years or imprisonment for the
same term with the deprivation of
the right to occupy certain
positions or engage in certain
activities for a period of up to three
years or without it. (Part Three is
introduced by the Federal Law of
08.12.2003 N 162-ФЗ)