Open AccessREPEATING AND RECURRENCE OF INTENTIONAL MURDER UNDER AGGRESSIVE CIRCUMSTANCES
Author(s) -
М. О. Василенко
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-105-3.43
Subject(s) - conviction , relevance (law) , criminal code , aggravating factor , psychology , criminal conviction , paragraph , criminology , criminal law , acquittal , law , political science , medicine , dermatology
In the article, the author conducted a study of recurrence and recurrence as forms of multiplicity of premeditated murder under aggravating circumstances. The relevance of this work is that this issue has not been the subject of a separate study among modern scholars of criminal law. In the work the author found that the recurrence of premeditated murder under aggravating circumstances, it is necessary to distinguish from a criminal offense under paragraph 13 of Part 2 of Article. 115 of the Criminal Code of Ukraine (premeditated murder committed by a person who previously committed premeditated murder, except for murder under Articles 116-118 of the Criminal Code of Ukraine), which is considered a qualifying (aggravating sign) premeditated murder. After all, in the case of premeditated murder by a person who has previously committed premeditated murder, with the exception of murder provided for in Articles 116-118 of the Criminal Code of Ukraine, a single crime is necessarily meant. The author also emphasizes that the recurrence of premeditated murder under aggravating circumstances is available only if the person has previously been convicted of premeditated murder, but the conviction has not yet been removed and not expunged. Or when a person has committed premeditated murder under aggravating circumstances provided by the same part of the article of the Special Part of the Criminal Code of Ukraine two or more times, and all episodes are considered in one criminal proceeding. In addition, the paper found that recurrence and recidivism, as forms of multiplicity of premeditated murders under aggravating circumstances, are not mutually exclusive and can be used by the court as a whole. It is concluded that in judicial practice there are many cases when courts do not clarify the issue of expungement or removal of a criminal record when imposing a penalty for repeated intentional homicides in aggravating circumstances. Therefore, the solution of this issue, in our opinion, needs legislative consolidation. After all, the recurrence of premeditated murder under aggravating circumstances is available only if the person has previously been convicted of premeditated murder, but the conviction has not yet been removed and not expunged. Or when a person has committed premeditated murder under aggravating circumstances provided by the same part of the article of the Special Part of the Criminal Code of Ukraine two or more times, and all episodes are considered in one criminal proceeding.