Issues of qualification of crimes against life and health
https://doi.org/10.24147/2542-1514.2017.1(3).135-142
Abstract
The subject. The key and, in the author's opinion, the most interesting questions of the
qualification of intentional crimes for life and health are determined in a strategic way
based on the study of scientific literature and materials of judicial practice, as well as monitoring
of contemporary reality.
The purpose of the paper is to investigate the problems of redundancy and the gap in the
criminal law in this area, as well as the difficulties in applying the relevant norms, taking
into account the recommendations of the Plenum of the Supreme Court of the Russian Federation.
The methodological basis of the work is dialectical-materialistic, logical, historical, systemstructural,
as well as comparative-legal and concrete sociological methods.
The main results and scope of it’s application. It is proposed to decriminalize the beatings
provided for in Art. 116 of the Criminal Code of the Russian Federation, with the introduction
of appropriate changes to the version of Article 116.1 of the Criminal Code of the Russian
Federation. The problem of an absolute gap in the field of criminal and legal protection
of the individual from new types of causing death and involving minors in a suicidal behavior
pattern, including using the Internet, is being raised. A draft of Federal Law No. 118634-7,
submitted by I.A. Yarovaya in March 2017, is overviewed and practical recommendations
for improving the criminal legislation of Russia are formulated.
Conclusions. After the analyzing the most difficult cases of competition, the conclusion is
based on the decisive significance of the expert's conclusion about the presence or absence
of affect for the qualification of these crimes. In order to avoid a superficial approach to law
enforcement and, as a consequence, judicial errors, it is proposed to oblige the courts in
each case, when establishing relevant facts, to appoint a forensic expert examination to
check whether the perpetrator has a sudden violent emotional excitement (affect).
About the Author
O. Artyushina
Kazan Law Institute of the Ministry of the Interior Affairs of Russia
Russian Federation
Russian Federation
PhD in Law, Associate Professor, Criminal Law Department
SPIN-code: 8338-7950, AuthorID: 697955
References
1. Tarhanov I.A. Juridical qualification: definition and place in law application processe. Rossiiskii yuridicheskii zhurnal = Russian Juridical Journal, 2012, no. 3, pp. 130–140. (In Russ.).
2. Tarhanov I.A. Criminally-legal qualification: concept and types. Uchenye zapiski Kazanskogo universiteta. Gumanitarnye nauki, 2009, vol. 151, no. 4, pp. 191–198. (In Russ.).
3. Aniyanc M.K. Responsibility for crimes against life. Moscow, 1964. 212 p. (In Russ.).
4. Shargorodskii M.D. Crimes against life and health. Moscow, 1947. 511 p. (In Russ.).
5. Borodin S.V. Crimes against life. Moscow, Yurist Publ., 1999. 356 p. (In Russ.).
6. Pobegailo E.F. Selected works. St. Petersburg, Yuridicheskii tsentr Press Publ., 2008, 1066 p. (In Russ.).
7. Borzenkov G.N. Crimes against life and health: law and law enforcement practice. Moscow, Zercalo-M Publ., 2009. 256 p. (In Russ.).
8. Yakushin V.A. Some questions of qualification of murders. Vestnik Volzhskogo universiteta imeni V.N. Tatisheva = The Reporter of Volzhsky University after V.N. Tatischevof, 2015, no. 2(82), pp. 211–230. (In Russ.).
9. Golovlev Yu.V. Statement of the Plenum of the Supreme Court of the Russian Federation Decision of the Plenum of the Supreme Court of the Russian Federation "On judicial practice in cases of murder (Article 105 of the Criminal Code)" needs a cardinal renewal. Advokat = Advocate, 2016, no. 5, pp. 34–38. (In Russ.).
10. Karpov K.N. The meaning of the interpretation of the sign of the commission of a crime "two or more persons" for the qualification and imposition of punishment. Ugolovnoe pravo = Criminal Law, 2016, no. 2, pp. 40– 48. (In Russ.).
11. Veklenko V.V., Barkhatova E.N. Psychic violence as an instrument of crimes: the problem of qualifications. Sovremennoe pravo = The Modern Law, 2013, no. 7, pp. 134–137. (In Russ.).
12. Koretskii D.A., Steshich E.S. Gomicide: crimes related to murder. Ugolovnoe pravo = Criminal Law, 2016, no. 2, pp. 93–98. (In Russ.).
13. Sidorov B.V., Babichev A.G. Differentiation of criminal responsibility for aggravated murder and issues of improving criminal legislation. Vestnik ekonomiki, prava i sotsiologii = The Review of Economy, the Law and Sociology, 2012, no. 4, pp. 184–197. (In Russ.).
14. Еgorov A.V. Some aspects of qualification of premeditated murders. Sud`ya = Judge, 2016, no. 4, pp. 25–27. (In Russ.)
15. Brylev V.I., Stankevich K.K. The motives and purposes of murders: item "e.1", item "z", item "i" part 2, art. 105 of the Criminal Code of the Russian Federation. Izvestiya Tul'skogo gosudarstvennogo universiteta. Ekonomicheskie i yuridicheskie nauki = Proceedings of Tula State University. Exonomic and legal sciences, 2016, no. 1–2, pp. 10–16. (In Russ.).
16. Panova S.V., Baier S.S. Illegal behavior of the victim – affect for criminal or fact for the court. Zakonnost', 2015, no. 11 (973), pp. 51–54. (In Russ.).
17. Artyushina O.V. Partial decriminalization of beatings as a saving of measures of criminal repression. Vestnik Kazanskogo yuridicheskogo instituta MVD Rossii, 2016, no. 4(26), pp. 44–46. (In Russ.).
18. Krylova N.E. "Groups of death" and teenage suicide: criminal law aspects. Ugolovnoe pravo = Criminal Law, 2016, no. 4, pp. 36–48. (In Russ.).
19. Sidorov B.V., Mikhoparkin V.G. Plaguing the life out: social-legal assessment, the place within the system of related institutes and norms of criminal law and improvement of criminal legislation. Vestnik ekonomiki, prava i sotsiologii = The Review of Economy, the Law and Sociology, 2010, no. 1, pp. 94–98. (In Russ.).
20. Volkonskaya E.K. Prevention of suicide: criminal law and criminological aspects. Moscow, Yurlitinform Publ., 2014. 184 p. (In Russ.).
21. Artyushina O.V. Criminally-legal and kriminological research of murder with especial cruelty. Kazan, Kazan Law Institute of the Ministry of the Internal Affairs of Russia Publ., 2012. 164 p. (In Russ.).
22. Safuanov F.S., Isaeva I.V. Analysis of Supreme Court decisions on affective crimes and the problems of forensic examination. Rossiiskii sud'ya = Russian judge, 2015, no. 12, pp. 37–40. (In Russ.).
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For citations:
Artyushina O. Issues of qualification of crimes against life and health. Law Enforcement Review. 2017;1(3):135-142. https://doi.org/10.24147/2542-1514.2017.1(3).135-142
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