Objective properties of a psychologically traumatic situation in corpus delicti of crimes against life
Автор: Sogomonov Dmitry K.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 12, 2022 года.
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The article considers some peculiarities of objective properties of a psychologically traumatic situation in the corpus delicti of crimes against life. The author notes that currently there is no definition of a traumatic situation in the law, which leads to errors in the qualification of criminal acts. The paper presents an analysis of the various points of view of domestic specialists in the field of criminal law on the definition of a psychologically traumatic situation. It is noted that the concept exists in two hypostases - as a sign of the objective and subjective side of the crime. Within the framework of the first psychologically traumatic situation submit in a form of a crime situation and is caused by various facts of detrimental effect on mentality of the offender, causing his decision to commit a socially dangerous act, within the framework of the second - as perception and experience of an event by the perpetrator of the crime. As a result of the research, the definition is specified. It is emphasized that the situation under study is inherent only to the three crimes, the responsibility for which is established by articles 106, 107, 113 of the Criminal Code of the RF. The objective characteristics of this situation differ in these articles.
Psychologically traumatic situation, crimes against life, privileged crimes, the objective side of the crime, facultative characteristics
Короткий адрес: https://sciup.org/149141795
IDR: 149141795 | DOI: 10.24158/tipor.2022.12.24