Criminal liability for crimes related to infringement on life of certain categories of individuals

Автор: Yashin Andrei V.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 2, 2022 года.

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The article deals with the problems of criminal liability for the crimes related to infringement on life of a state or public figure (Article 277 of the Criminal Code of Russian Federation), the person administering justice or conducting a preliminary investigation (article 295 of the Criminal Code of Russian Federation) and a law enforcement officer (article 317 of the Criminal Code of RF). The author investigates the controversial issues that exist in criminal law science about the features of these crimes, their location in the Special Part of the Criminal Code of the Russian Federation. A brief analysis of the corpus delicti of the socially dangerous acts under study is carried out, on the basis of which it is stated that the criminal law provisions stipulating responsibility for their commission are flawed. This is due in particular to the truncated and unspecified list of victims set out in the articles of the Criminal Code and the inaccuracies in their legislative drafting, which in law enforcement practice raises difficulties in qualifying the acts in question. It is concluded that all the necessary signs of the elements of these crimes are fully covered by paragraph «b» of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, therefore the presence of Articles 277, 295 and 317 in the criminal law appears redundant.

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Subsistence right, infringement on life, state or public figure, justice, preliminary investigation, law enforcement officer, object of crime, corpus delicti, criminal responsibility, qualification of crimes

Короткий адрес: https://sciup.org/149139624

IDR: 149139624   |   DOI: 10.24158/tipor.2022.2.7

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