Open AccessMedical criterion for special rigidity
Author(s) -
Anna G. Menshikova,
Меньшикова Анна Геннадьевна
Publication year - 2021
Publication title -
vestnik ûgorskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2078-9114
pISSN - 1816-9228
DOI - 10.17816/byusu20203105-115
Subject(s) - cruelty , commission , doctrine , law , psychology , criminal law , law enforcement , criminology , political science
Based on the doctrine of criminal law and law enforcement practice, the article analyzes the concept of suffering as a key characteristic of the particular cruelty manifested in the commission of a crime. It is determined that pain is the main characteristic of suffering, and individual indicators of pain characterize particular suffering as a result of particular cruelty. In conclusion, the author concludes that the medical criterion of particular cruelty should be determined by establishing and clearly fixing the fact of causing pain to the victim, which can be measured and established from the standpoint of the current state and level of development of medicine. Signs of pain constitutively necessary and legally significant for establishing the desired criterion are its intensity and (or) duration, the question of determining which seems logical to relate to the competence of medical science.