Open AccessSpecial cruelty at crime committing: concept and features of qualification
Author(s) -
Natal'ya Kuz'mina
Publication year - 2019
Publication title -
vestnik kostromskogo gosudarstvennogo universiteta imeni n.a. nekrasova
Language(s) - English
Resource type - Journals
ISSN - 1998-0817
DOI - 10.34216/1998-0817-2019-25-2-222-224
Subject(s) - cruelty , commission , criminology , criminal law , psychology , law , criminal code , political science
Contents and signs of cruelty and special cruelty as psychological phenomena which matter in terms of penal law, is studied in this work. Special cruelty is considered in terms of the issue of accentuated traits of character. The detailed research of personal features of the person which can infl uence committing the crime with special cruelty is conducted. The author refers age features of the person, the nature of behaviour of persons who suffer from mental diseases, to accentuated strains. Certain motives of commission of crimes have an impact on commission of crimes with special cruelty as well, for example, blood feud motive at murder commission. Special attention is paid in the work to the fact that knowledge of features of emergence and manifestation of character accentuation in criminal trial participants' behaviour is of great importance in court and investigative practice. Scientifi c classifi cation of crimes which one commits with special cruelty is presented. The author points lack of "special cruelty" defi nition in the Criminal law. In this regard, it is offered to supplement Article 105 of the Russian Criminal law with the note in which defi nition of special cruelty would be given. The author's concept of special cruelty is presented in the article.