Open AccessDETERMINATION OF PREMEDITATED MURDER FROM SUICIDE AND ACCIDENT: THEORETICAL AND METHODOLOGICAL APPROACHES
Author(s) -
Olha Peresada
Publication year - 2021
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2021-75-2-88-95
Subject(s) - accident (philosophy) , psychology , homicide , event (particle physics) , clarity , crime scene , subject (documents) , object (grammar) , criminology , social psychology , poison control , suicide prevention , epistemology , computer science , medicine , medical emergency , philosophy , physics , biochemistry , chemistry , quantum mechanics , artificial intelligence , library science
The article considers topical issues of definition and qualification of premeditated murder. Intentional homicide has been shown to be distinguished from related and externally similar events, such as suicide and accident. This issue is especially relevant given the fact that a person who committed premeditated murder may knowingly seek to create an environment for incorrect classification of the act. Therefore, it is not possible and not necessary to draw unambiguous conclusions about the legal qualification of such an event solely due to objective circumstances, despite the sometimes obvious nature of the event. The author identified a number of common and distinctive features that should be taken into account by law enforcement agencies during the qualification of an event involving a violent death. An example is the presence and clarity of the reasons for which a person may have committed a probable suicide. However, it is stated that a person's subjective attitude to the act and external signs should be considered only in conjunction with other circumstances. The author also considers certain features of the object, subject, objective and subjective side of premeditated murder, which will be key in resolving the issue of qualification. It was found that the essential features of premeditated murder are its illegality and the intention to take the life of another person, is only in the presence of both of these factors can a legal fact be interpreted as premeditated murder. There are certain signs of an accident that distinguish such an event from premeditated murder. The key is the absence of any form of guilt on the part of the perpetrator. The author also identified a number of features in the presence of which the qualification of the act as premeditated murder should be excluded, for example, the case when the subject of the act and the victim are one and the same person.