Criminal-legal characteristics of crimes committed on the grounds of jealousy
Автор: Titovets Anna E.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 1 (62), 2021 года.
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The article attempts to give a criminal - legal characterization of crimes committed on the grounds of jealousy, and to draw attention, both from the scientific community and from the Russian legislator, to the existing problems of criminallegal regulation of the criminal encroachments considered in this article. The objective and subjective signs of the considered criminal offenses are indicated. Imperfections of the legal norms providing for criminal liability for crimes that are committed out of jealousy and give rise to problems of their qualification among law enforcement officers are revealed. The author notes that incitement to suicide in general and in particular, incitement to suicide committed on the grounds of jealousy, according to the construction of the objective side, is a truncated part of the criminal act and is considered completed from the moment of bringing the victim to attempt suicide. The novelty of the study is due to the complex (conceptual) approach to the criminal-legal characterization of criminal attacks committed on the basis of jealousy, and the proposals developed on its basis for improving the norms in the considered part of the Russian criminal law. It is stated that at present there is a need to make changes in the studied parts of the Russian criminal law. In addition, the author comes to the conclusion that there is a need to develop and adopt a Resolution of the Plenum of the Supreme Court of the Russian Federation on the qualification of crimes committed on the grounds of jealousy, where it is proposed to explain in detail to the lower courts the evaluation signs that are present in the composition of criminal attacks committed on the grounds of jealousy, and other issues that cause problems in the qualification of the considered criminal attacks.
Crimes, crimes committed on the basis of jealousy, motive, jealousy, subjective signs, objective signs, criminal-legal characteristics
Короткий адрес: https://sciup.org/14120363
IDR: 14120363 | DOI: 10.47629/2074-9201_2021_1_44_50