Threat of Murder or Causing Grave Bodily Harm (Article 119 of the Criminal Code of the Russian Federation): Criminal Law Characteristics and Qualification Issues

This article provides a comprehensive criminal-legal analysis of the elements of the crime under Article 119 of the Criminal Code of the Russian Federation. The purpose of the study is to systematically identify the mandatory elements of this element in order to formulate a theoretical basis forits classification and distinction from related acts. The methodology is based on a dogmatic analysis of the norm, a study of legal doctrine, and judicial practice. The work examines in detail the object of the crime (safety of life, health, and mental integrity), the objective aspect with an emphasis on the issue of the “reality” of the threat, the subject, and the subjective aspect (direct intent). Particular attention is paid to aggravated crimes, including the new provision on threats with a public demonstration on information and telecommunications networks. The author concludes that legislative and judicial clarification of the assessment criterion for the “reality” of a threat is necessary by establishing objective parameters. This will improve the effectiveness of the norm as a preventive tool and avoid unjustified prosecution for domestic conflicts.