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Abstract
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Especially ill-treatment in the commission of a crime is always a wide public resonance and negative attitude to persons who have committed them. Such crimes pose increased danger to the public, as they appear extremely negative features of the offender - the inhumanity, brutality and the like. Therefore, the study of especially ill-treatment is essential to determine the criminal liability grounds for determining it as qualifying sign, for correct qualification. In this regard, the article raises the question of the influence of subjective signs on qualification of an act committed with special ill-treatment.
The authors note that the problem of subjective side of crime and, in particular, studied actus reus is one of the least studied. This makes it very urgent, especially in the period of development of new legislation in the fight against crimes encroaching on human life and health. Many unresolved aspects of the problem require consideration of some of the general issues of the problem, without which further research can be difficult.
Without claiming on their final decision and having work constraints, the authors propose to focus on the study of only those which are directly connected with the conclusions of the study on the subject.
Further the authors reveal how the subjective aspect of the crime and, in particular, provided by p. 4 Part 2 of Art. 115, Part 2 of Art. 121, Art. 127, Art. 434 of the Criminal Code of Ukraine, is defined in the legal literature, list the views of other authors on this issue and analyze them.
Next, the authors proceed to the consideration of the subjective side of the offense under p. 4 Part 2 of Art. 115 of the Criminal Code of Ukraine. First of all, appealed in this issue to the art. 115 of the Criminal Code of Ukraine, showing that exist certain provisions concerning the form of guilt and other evidence of the subjective side of crime. It characterizes the form of intent, as a sign of the subjective side of the offense, the motive and purpose.
In light of the above, the authors note that the scope of the intent including of all the objective evidence of particularly violent behavior and purpose of committing a crime is required for qualification for the acts under investigated way of committing a crime, as well as for the application of such circumstances by court and law enforcement.
Keywords: crime, especially violent behavior, subjective symptoms, qualification actions. |