Crime committed with the use of violence as a constituent feature of part 2 of article 116.1 of the Criminal Code of the Russian Federation

The article analyses the problem of application of part 2 of Art. 116.1 of the Criminal Code of the Russian Federation, namely understanding of the feature of a specific subject of crime, i.e. a person with a criminal record for a crime committed with violence. The author, based on literature and judicial practice, substantiates that for qualification of the crime under part 2 of Art. 116.1 of the Criminal Code of the Russian Federation, it is necessary to take into account the convictions of the person, resulting from the commission of crimes committed exclusively with the use of physical violence. If violence is used in committing a crime, but is not its obligatory, alternative or qualifying feature (for example, it is used by a person to reinforce mental violence in a crime provided by Art. 119 or Art. 163 of the Criminal Code of the Russian Federation), in this case the corpus delicti under part 2 of Art. 116.1 of the Criminal Code of the Russian Federation is absent.