Legal Qualification of Killings of Civilians and Prisoners
Article 115 of the CCU establishes liability for the deliberate deprivation of another person’s life. In the context of Russian armed aggression, it is applied to the qualification of killings of civilians and prisoners of war committed by Russian military personnel and their accomplices. If the killing occurs during hostilities in violation of international humanitarian law, it is often qualified under the more severe Article 438 CCU (Violation of the Laws and Customs of War).
Key Provisions of Article 115 (CCU)
- Part 1 (Basic Offense): Intentional homicide (Penalty: imprisonment from 7 to 15 years).
- Part 2 (Aggravated Offense): Homicide under aggravating circumstances — targeting two or more persons, committed for mercenary motives, with particular cruelty, associated with abduction, by order, or by an organized group (Penalty: imprisonment from 10 to 15 years or life imprisonment).
Qualification of wartime killings: Most killings of civilians in occupied territories (Bucha, Irpin, Mariupol, Izium) are qualified under Article 115 Part 2 (particular cruelty, group commission) and/or Article 438 Part 2 CCU (killings violating the laws of war), which constitutes the gravest offense.
Examples of Violations by Russian Military Personnel
- Executions of civilians: Shooting of civilians with bound hands, killings following torture (Bucha, Irpin, Izium). Qualified as homicides with particular cruelty (Part 2).
- Killings motivated by looting: Eliminating property owners while attempting to seize their assets (Part 2, mercenary motive).
- Killings of prisoners of war: Deliberate killing of surrendered AFU personnel — a direct violation of the Geneva Conventions (Article 438 Part 2 CCU).
- Indiscriminate shelling causing casualties: Mostly qualified under Article 438, but specific cases of intentional killing fall under Article 115.
Legal Consequences
Article 115 CCU serves as the basic provision for investigating crimes against the civilian population. Thousands of criminal proceedings following the liberation of occupied territories are based on this article, often in conjunction with war crimes (Article 438). Investigations are conducted by the National Police, the State Bureau of Investigation, and the Security Service of Ukraine, including for trials in absentia of perpetrators and commanders.
Sources
- Criminal Code of Ukraine: Article 115 (Text)
- Office of the Prosecutor General of Ukraine: Statistics of War Crime Investigations
- Related Article: Article 438 CCU (Violation of the Laws of War) →
© 2001 — Criminal Code of Ukraine. Analysis of Violations.
Source: The Aggression Archive