Legal encyclopedia. The letter U

MURDER

Is the deliberate infliction of death on another person. It belongs to the category of crimes against life.

Life is, on the one hand, a natural physiological process, and on the other hand, a legal opportunity

Existence of the individual in society. The beginning of life is the moment of birth, the separation of the fetus from the womb of the mother. The end is the irreversible death of the entire brain.

Distinguish between:

1) simple - deliberate unlawful causing of death to another person in the absence of both mitigating and aggravating circumstances;

2) privileged (under mitigating circumstances);

3) qualified (with aggravating

Circumstances).

Generic object of U. are social relations that ensure the protection of the individual, namely her life and health. The immediate object of U. is the life of man, not only as a set of biological processes, but also as a person's exercise of his vital activity.

The objective side of U. includes 3 necessary elements: action (inaction) aimed at depriving a person of life, the occurrence of socially dangerous consequences in the form of human death, as well as a causal link between the act (inaction) of the perpetrator and the resulting consequence.

U. can be committed both by action and by inaction. Most often, U. is carried out by means of active actions that violate the functions and anatomical integrity of the vital organs of a person, using any instruments of crime or by direct physical influence on the victim's body.

U. can be performed both physically and through psychological influence.

The crime in question refers to crimes with material composition, i.e. U. is considered finished since the onset of socially dangerous consequences - the death of a person. In this case, death can follow both immediately after the encroachment, and after a certain time after the commission of the guilty of an act aimed at depriving a person's life. In both cases it is necessary to establish the existence of a causal relationship between the act and the resulting consequence.

From the subjective side of the U. can only be committed intentionally. At the same time, intent can be either direct or indirect. With direct intent, a person realized the social danger of his actions (inaction), foresaw the onset of socially dangerous consequences in the form of the death of the victim and wished her to advance. With indirect intent, a person realized the social danger of his actions (inaction), foresaw the onset of consequences in the form of a person's death, did not want, but consciously allowed the onset of the death of another person.

The motive and purpose of the crime in the composition of the U. acquire the role of mandatory characteristics, since the qualifications of the U depend on their content.

Simple U. can be committed for any reasons, except for those to which the law gives a qualifying value. For simple Y. are characteristic of such motives as revenge for any action of the victim, including for the committed crime, jealousy, envy, dislike, hatred that have arisen on the basis of personal relationships. It is also possible from compassion to a hopelessly sick or wounded man, from a false idea of ​​his public or official duty, for fear of an expected or suspected attack, in the absence of a state of necessary defense, etc.

A subject may be a physically responsible person who at the time of the commission of the crime has attained the age of 14 years.

Simple U. is a deliberate unlawful causing of death to another person in the absence of aggravating and mitigating circumstances.

A qualified U. is a U. with aggravating circumstances. Depending on the connection of the qualifying characteristics of the U. with certain elements of the composition, the crimes are located in the article in the following order:

1) the characteristics relating to the object to which U. refers: two or more persons; A person or his relatives in connection with the performance of this person's official activity or the performance of public debt; A person who is known to the guilty to be in a helpless condition, as well as being associated with the kidnapping of a person or the taking of a hostage; A woman who is known to the perpetrator to be in a state of pregnancy;

2) signs relating to the objective side, including Y., committed with special cruelty, in a generally dangerous manner, as well as committed by a group of persons, by a group of persons by prior agreement or by an organized group;

3) signs related to the subjective side: U from selfish motives or for hire, as well as conjugated with robbery, extortion or banditry; From hooligan motives; In order to conceal another crime or facilitate its commission, as well as associated with rape or violent acts of a sexual nature; On the basis of national, racial, religious hatred or enmity or blood feud; In order to use the organs or tissues of the victim;

4) a sign relating to the subject, i.e. U., committed repeatedly.

The privileged U. is U. under mitigating circumstances: U. the mother of the newborn child; U., committed in a state of affect; U., committed if the limits of the necessary defense are exceeded or if the measures necessary to detain the person who committed the crime are exceeded.