Problems of Qualification of Torture (Art. 117 of the Criminal Code of the Russian Federation)

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The article examines contemporary issues in the qualification of torture under Article 117 of the Criminal Code of the Russian Federation. It analyzes both normative and practical aspects of establishing the elements of systematic beatings and mental suffering, as well as the differentiation of torture from other crimes against the person. The lack of uniformity in judicial practice and the ambiguity in interpreting the concepts of “violent actions” and “mental suffering” are highlighted. Special attention is given to the subjective elements of the crime – the direction of intent, motives, and goals of the offender. Based on an analysis of legislation, judicial decisions, and doctrinal views, the study concludes that it is necessary to clarify the legal criteria ensuring consistent qualification of torture and its distinction from other forms of violence.

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Torture, Article 117 of the Criminal Code of the Russian Federation, systematic beatings, mental suffering, other violent actions, subjective element, motive and purpose of the crime, qualification, judicial practice, criminal law

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IDR: 142246776   |   УДК: 343.6