Blood feud is a throwback to human society, although it is still practiced in remote places, such as the mountain villages of Sicily. We decided to turn to history in order to understand how this custom was formed, and how blood feud was allowed without bloodshed.
“... What would happen on earth if people, contrary to all the arguments of reason, only knew that they were settling scores with each other? Isn't this the curse of Sicily, where men are so busy with blood feuds that they have no time to earn bread for the family. Don Corleone.
"An eye for an eye"
The tradition of blood feud is rooted in the deep past of mankind, when not only the concept of law in its modern meaning, but also the concept of the state did not really exist. However, in spite of this fact, there were some kind of primitive, the most primitive and clear on a semi-instinctive level, notions of justice.
The well-known formulation “an eye for an eye, a tooth for a tooth” comes from the Old Testament (Leviticus 24:20), and is by no means limited to this provision. In addition to it, not counting the parallels in other chapters of the Pentateuch, the wording “fracture for fracture” and “… he who kills a person must be put to death” is given (Leviticus, 24, 21). The famous laws of Hammurabi follow similar guidelines when it comes to people of the same status. Provisions of this kind in ancient legal systems are basically based on the same principle as the tradition of vendetta - namely, the principle of equal punishment for the crime, according to which the murderer must be killed. The further development of power-legal mechanisms led to the fact that the monopoly of the right to induce "justice" remained with the state. The institution of blood feud in the overwhelming majority of cases found itself in the position of a criminally prosecuted atavism, characteristic of traditional societies (where customs and traditions in public life dominated the system of state laws).
Nordic customs
If we talk about the territory of our country, then in modern Russian criminal law, the motives of blood feud in the commission of a murder are an aggravating circumstance that entails a more severe punishment. But at the same time, as in other European countries, this tradition took place on the territory of Russia in the early Middle Ages.
Blood feud in Northern Europe (primarily in the Scandinavian countries) went hand in hand with the right to inherit property - namely, the procedure for avenging a murdered family member in a number of cases had exactly the same sequence as the procedure for receiving an inheritance (son - father - brother - son of son, etc.). In parallel with the right to revenge, there was the right to ransom, transferred in the affected family according to the same principle. Over time, revenge on the killer ceased to be obligatory, turning rather into the right to retribution with the alternative of taking monetary compensation - and this process took place long before this provision was fixed in written sources, being preserved in the oral tradition. In the Scandinavian sagas, one way or another related to this plot, the right to take a debt in blood is much higher than accepting a material ransom for the deceased. In some regional collections of medieval Scandinavian law, there is a provision that the killer can offer a ransom to the family of the deceased not earlier than a year after his act, and the whole period before that he was automatically subject to revenge without the right to pay off - in fact, he was outlawed and could be killed with impunity. At the same time, men who hesitated to take revenge were condemned by those around them, and, first of all, by women of their own kind, who did not have the opportunity to take revenge with their own hands, but cared about the reputation of the family.
Barbarian truths (codes of laws that existed in Europe at the dawn of the creation of statehood) also regulated the procedure for revenge for a murder committed. As well as in early medieval Scandinavia or in Ancient Russia, the institution of blood feud was gradually supplanted by the receipt of monetary compensation (wergeld) by the family of the murdered. As for the ancient Russian legal norms, this kind of fine was called vira, and could be paid to representatives of state power by the community on the principle of mutual responsibility. In this case, the fine was called “wild” or “common” vira, but it was levied only if the specific killer was not found (or, in other words, the community chose not to extradite him).
Muslim East
In the medieval Muslim world, the payment of a monetary fine, called diyya, was also established as a punishment for murder. In parallel with the payment of the fine, the killer was obliged to release the believing slave who was in his service, but if he did not have such an opportunity, he was obliged to fast for at least two months, which could also testify to his repentance before the Almighty. It is necessary to take into account the fact that in the Ayat regulating this situation, it is only about what can be called negligent murder: "... a believer should not kill a believer, except by mistake." And even in this case, the relatives of the deceased may refuse to pay the fine, demanding the execution of the offender. If we are talking about the deliberate deprivation of the life of a Muslim, then, in addition to eternal torment in the afterlife, the killer was prepared for an immediate outlaw with subsequent execution.
Vendetta
In southern Italy, as well as on the islands of Sardinia and Corsica, the institution of blood feud was very widespread until the beginning of the twentieth century, and in some cases it still exists, which, however, is not very surprising - the well-known word "vendetta" penetrated into popular culture from this region. This phenomenon was also very common in the Balkans, in particular, in Montenegro, where relapses of blood feuds still occur. The Montenegrin tradition ordered revenge not only for murders, but also for crimes against honor, and the debt of revenge was imposed on the whole family, and not a specific person who committed the crime, but any man from the killer's clan was also declared the offenders, which could trigger the mechanism of blood feud for long years. At the same time, a woman could not only raise her children in the spirit of revenge, but also commit an act of revenge with impunity - the murder of a woman or a child based on blood feud would mean a shame for the avenger that would be impossible to wash off for the rest of his life. Along with this, there was also a custom of reconciliation, which, if successful, was often sealed by family ties between previously warring clans. Of course, over time, this cruel custom met with sharp condemnation from representatives of both the secular and ecclesiastical authorities of the country. A significant positive shift in the tradition could be called the fact that at some point it was considered fair to reward only the killer, and not his entire family.
At the moment, despite the fact that murder for the purpose of retribution is a serious crime in Montenegro, the avengers often evoke sympathy from local residents - revenge, although not in the law, but in public opinion is still not aggravated, but vice versa extenuating circumstance.
The custom of blood feud, which is practiced, in particular, by the Chechens, seems to many to be a wild medieval relic. But not everything is as simple and unambiguous as it seems at first glance. In fact, this tradition protects against rampant violence.
According to the law of adat
In the Chechen language, blood feud is called "chir". This tradition is not Muslim, it goes back to adat - a set of unwritten laws, according to which the Vainakhs, the ancestors of modern Chechens, lived even before the adoption of Islam.
The most common cause of vendetta is murder. The elders of the teip gather and conduct a trial. If they establish the guilt of the suspect, then the rite of "blood-mongering" begins. An envoy is sent to the relatives of the killer, who informs them of the decision of the victim's family to declare blood feud. From this moment the law "blood for blood" comes into force.
If the murder is unintentional (say, it is a death in an accident or from a stray bullet), then the culprit is usually forgiven immediately, but he must pay a ransom to the victim's family or take care of the victim's children. Sometimes relatives of victims refuse ransom, and this is considered the height of nobility.
But if it turns out that at the time of the collision or the "accidental shot" the killer was drunk, then blood feud can come true.
By the way, women, the elderly, children, or the feeble-minded, according to the custom of blood feud, are not killed. But at the same time, a woman can carry out blood feud herself if there are no men left in her family. And if a woman is killed, then two men from the killer's family are killed for her.
Most often, a family that has been declared "chir" then moves to another place. Such people are called "Lurovella", which means "hiding from blood feuds."
In ancient times, blood feud was carried out only in relation to the perpetrator of the crime. In adat, there was such a thing as “kuyg behki” (“guilty hand”), that is, it was possible to pursue only the killer directly. Moreover, the bloodlines were often forgiven - this was considered a more worthy act than revenge. In the 19th century, under Imam Shamil, the law was corrected: now the injured party could choose for itself who would fall under the handout. Usually these were the closest relatives of the culprit on the paternal side. Sometimes it happened that the most respected of the family was killed.
Only the next of kin of the victim can take revenge. If revenge is carried out, for example, by his friend, this will no longer be considered blood feud, but murder, which will lead to the emergence of new bloodlines. Sometimes a criminal is killed by his own relatives to avoid further bloodshed.
How does reconciliation take place?
There is no statute of limitations on blood feuds. If a person accused of a crime dies, then his brothers, sons, grandchildren or other male relatives can be killed. Therefore, it is believed that the sooner reconciliation occurs, the better.
The reconciliation process is usually initiated by the family of the perpetrator. An intermediary is sent to the bloodlines, declaring a desire to reconcile. According to the rules, reconciliation can take place no earlier than a year after the announcement of "chira". All this time, those who are declared blood feuds must be in exile, in hiding.
The reconciliation process looks like this. After an agreement has been reached between the two parties, at the appointed time in the appointed place (usually on the outskirts of the village) representatives of both parties meet, and “according to the protocol” they should be in dark clothes and with their heads covered and should not raise their heads and look in the eyes of the "opposing side".
First, a ritual greeting sounds and prayers are read. Then comes the rite itself. The closest relative of the murdered person shaves the killer's head and beard, after which he is considered forgiven. Like, if during shaving he resisted the temptation to cut the throat of the enemy, then he forgave ...
Why is blood feud necessary?
If the one who is suspected of the murder considers himself innocent, and there is no irrefutable evidence of his involvement in the crime, then he can remove the suspicions by swearing on the Koran. This is happening in front of dozens of witnesses. It happens that the offender lies on the Koran. "Khera dui" (false oath) in Islam is considered one of the gravest crimes. If it turns out that a person lied, then forgiveness is annulled, and all his relatives turn away from the perjurer.
What is the meaning of blood feud? It is to make people understand: murder is a terrible sin, and if you killed, then this sin will fall not only on you, but also on the heads of your loved ones. That is, a custom that is terrible at first glance, in fact, deters from committing crimes.
What dictates the actions of a person who decides to go against the law? He must have a motive. The killers also have it and it is quite different. Some, such as "blood feud", are recognized as qualifying, which significantly aggravates the punishment for the crime.
Definition
Back in July 2007, the legislator, having adopted a separate law, decided to bring the indicated type of murder into a separate paragraph “e.1”. Now this is one of the crimes of Part 2 of the Criminal Code of the Russian Federation.
The general concept of revenge implies a response to violent acts or the commission of other acts by the victim, regarded by the other side as an insult.
If the criminal’s motive is “blood feud”, then he is driven not just by the usual hostility that has arisen towards a person, but by a single goal - to act within the framework of custom.
Some regions of the state still have such most dangerous remnants to this day. Cases of murder are associated with the desire of the offended person or his relatives to avenge the offense at all costs. Such a process is dangerous because it can involve entire groups of people and lead to multiple cases of deliberate deprivation of life.
Video about Article 105 of the Criminal Code of the Russian Federation
Character traits
According to a number of characteristic features, blood feud can be distinguished from its simple form:
- Blood - is based on retribution for an insult dictated by folk custom, the peculiarity of which is to achieve a "fair punishment" through murder "by blood". The very offense that causes such punitive violence is different. From insults of a grave nature when committing actions or causing injury, to deprivation of life (including by negligence);
- The direction of the usual - individual. It is aimed at a certain person. If we talk about the place of blood, then here the circle of victims goes beyond the personality of the offender, including all his blood relatives. There may be many more victims;
- In the usual, the motive belongs to the main value. As for the blood, here the key role is given to the very purpose of the act, and the fact of its achievement.
Qualification
The subject is a person belonging to a group that evaluates blood revenge as a custom.
The place where the murder was committed, the affiliation of the perpetrator to a certain nationality, do not play a qualifying role.
In order to correctly identify the qualification of the murder of a person committed on the basis of blood feud, you need to know the main points:
- Revenge should be regarded by the killer as a way to defend their interests, to protect the honor and dignity, both of themselves and of their relatives. The custom implies the obligation of revenge on the person himself or his relatives. There must be evidence that he is fully aware of the reason for the act and considers it the only possible way to take revenge on the offenders;
- The generic object of the crime is the security of a citizen, rights, freedoms, interests and benefits. Species object according to item "e1" - the safety of human life. The main object is relations in society, which provide the victim with the opportunity to enjoy his main right - to live.
Nuances in the investigation
This is necessary, since only a specialist psychologist can accurately establish:
- whether the suspect really had such a motivation;
- whether he is aware of the role of motive in creating the conditions for committing a crime;
- whether there was a psychological impact of the group that influenced the decision to realize their intention through blood feud.
Compound
Blood feud is one of the aggravating circumstances that reveals the motive and purpose of the murder, so it is included in the structure of the subjective side of the act.
The suspect may be the victim and / or his relative (relatives), who, according to the norms of custom, have the right to revenge.
The subject is a citizen:
- whose sanity has been proven;
- over the age of 14;
- provided that he belongs to a separate group adhering to the customs of revenge by blood.
Usually the intent is aimed at the male line. But in some cases, if there are no men in the family, the custom also applies to the female half.
Important! Sometimes a person does not want to kill, but commits an act under fear of ostracism (expulsion) from his community. Sometimes the motive is unconscious.
victims
When studying the practice of investigating and considering cases of a similar category in court, one can single out special features of the victims:
- usually in such cases it is a person belonging to the male sex;
- the victim is never related to the perpetrator;
- a victim may also be a person who is not directly involved in causing offense to the suspect, and this is always a relative of the offender;
- The age categories of the victims of the crime are different. The intent can even be directed at children and the elderly (usually the intent is aimed at the male part of relatives);
- the victims are usually representatives of the Caucasian nationalities;
- the victim and the offender are in a tense relationship, on the basis of which the murder is committed;
- the behavior of the victim usually predisposes the suspect and motivates him to commit the crime;
- the victim, prior to the commission of a crime against him, committing an act of insult (including in the form of murder), understands that such actions will cause a reaction in the form of a series of bloody murders;
- the victim is aware of the unlawfulness of his actions, explaining them by the need for blood vengeance.
Punishment
For each type of murder, including the murder of a person motivated by blood feud, the Criminal Code provides for the following fairly severe penalties:
- The killer is imprisoned, depending on the circumstances of the act, for a period of 8 to 20 years. In addition, a restriction of freedom is prescribed for 1-2 years;
- The offender is deprived of the right to freedom for life;
- The ultimate measure is the death penalty.
Court practice
After analyzing the results of the practice of the court, it can be noted that not in every case the decision of the court is based on such an argument as the presence in a particular group of the custom “blood for blood”. The very fact of establishing such a vestige does not in every case entail a guilty verdict under paragraph "e.1".
Examples:
- Accused N. was Russian by nationality. Born and raised in Moscow. Due to systematic ridicule, he began to hate citizen L., and decided that revenge by blood would be a just punishment for him. N. killed L. together with two of his relatives. During the investigation, he explained his motive - the desire to resort to blood feud. Despite N.'s assertion, the court reclassified his actions to item “a”, since N. did not belong to the national group where the specified custom operates;
- Z. was accused of committing the murder. The investigation established that he was related to G., who was killed by persons from the K family. justified. The jury's decision was based on the fact that such a motive could not have been an inducement to premeditated murder in the present case, or that they considered it unproven in the particular case;
- In the next trial, in order to qualify the murder under paragraph “e.1”, it was not enough for the judge to determine the presence of a family connection. Citizen V. was killed by his business partner. The illegitimate son of V., in the presence of witnesses, publicly threatened to take the killer's life. To realize his intention, he hired two persons who acted as executors. The family relationship between the defendant and the murdered V. was established, but there was no evidence that V.'s son belonged to a group that observed the custom of tribal revenge. Despite the fact that the motive was clear, the actions were reclassified as " organization".
March 30, 2018, 22:30 Nov 19, 2018 10:34 
BLOOD REVENGE- BLOOD REVENGE - a custom that has developed during the tribal system as a universal means of protecting the honor, dignity and property of the clan, which consists in the obligation of the relatives of the murdered to take revenge on the murderer or his relatives. In the Russian Federation, the custom of K.m. exists among some peoples of the North Caucasus. The Criminal Code of the RSFSR established responsibility for K.m. in the manner prescribed by the regulation on conciliation proceedings in cases of K.m. (a crime, which is a relic of local customs). In the Criminal Code of the Russian Federation, the motive of K.m. - one of the aggravating circumstances of the murder.
BLOOD REVENGE
BLOOD REVENGE - a custom that has developed during the tribal system as a universal means of protecting the honor, dignity and property of the clan, which consists in the obligation of the relatives of the murdered to take revenge on the murderer or his relatives. In the Russian Federation, the custom of K.m. exists among some peoples of the North Caucasus. The Criminal Code of the RSFSR established responsibility for K.m. in the manner prescribed by the regulation on conciliation proceedings in cases of K.m. (a crime, which is a relic of local customs). In the Criminal Code of the Russian Federation, the motive of K.m. - one of the aggravating circumstances of the murder.
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