Murder is one of the most serious crimes, because its consequences are irreparable. It always brings great grief and should be punished accordingly. In Russian law, killing always refers to the deliberate deprivation of another person’s life. In Ukraine, for example, a sign of intent is not an important sign of this crime. There is more than one article for murder in Russian law. Consider their specifics.
General article for the murder
The pure composition of this crime provides for liability for the intentional deprivation of human life. That's the whole description of its objective side. She is not overloaded with additional details and circumstances. The rule establishing the punishment for such murder is Article 105, Part 1. It applies if there are no qualifying or extenuating circumstances. In other cases, a special one should be applied to the general norm.
Qualifying signs of murder
There are times when this already cynical crime is aggravated by the presence of certain signs. So, article 105 in part 2 contains a list of them.
These include:
- the killing of several people;
- the deprivation of life of a young, pregnant woman;
- motives - blood feud, hostility or hatred of any social group, hooligan motives ;
- goals - self-interest, concealment of another crime or facilitation of its commission, use of the victim’s organs;
- the way is generally dangerous, especially cruel;
- murder by a group of persons.
Responsibility for such acts is envisaged enhanced. Consider, for example, murder with particular cruelty. Article 105 enshrined this socially dangerous act in paragraph “e” of part 2. If imprisonment is provided for a general crime in the range of 6 to 15 years, then higher temporary barriers are set up for the qualifying composition, up to life imprisonment.
Privileged Compositions
In addition to aggravating circumstances , mitigating ones must be taken into account.
If available, liability for the crime is greatly reduced. So, for example, there is a special article for the murder of a newborn baby committed by a mother. During childbirth, a woman is subjected to extreme stress. Qualification occurs under this article only in the presence of such mandatory attributes as time and situation. In this case, the murder must be committed during the birth itself or immediately after it. In addition, it is important that the mother is in a traumatic situation. The privileged squads also include the murder that was committed when the necessary defense or measures to detain the offender were exceeded . In this case, the situation is also significant. And finally, the last of these norms is an article for murder in a state of passion. In this case, we can say that the victim himself pushed the person to commit this crime through systematic humiliation, violence and bullying.