Murder

Killing is a violent deprivation of life [1]. Legally, the concept of "murder" is usually used in relation to the violent and unlawful deprivation of a person’s life by a person. Usually killing is morally and legally punishable. Modern Russian criminal law means by murder only the deliberate deprivation of a person’s life. In the older Russian laws, as well as in the law of other countries, the reckless causing of death may be called murder (for example, Article 119 of the Criminal Code of Ukraine - “Murder by negligence” [in Ukrainian. Driving through neglect]).
Contents
1 Concept
2 Latent murder
3 Murder in the criminal law of Russia
4 Loud unsolved murders
4.1 In Russia
4.2 In Ukraine
4.3 In Belarus
4.4 In the world
5 See also
6 Notes
7 Literature
8 Links
Concept
Interpretation of the concept of "murder" causes a lot of moral and legal issues pores. From the point of view of modern law, it is considered criminal to cause death to another person. In most countries, suicide is not considered a criminal offense. The practical significance of such a position is found when there is an unsuccessful suicide attempt that cannot qualify as an attempt on life. The exceptions are cases in which an action aimed at depriving a person of his life contains other compounds, for example, suicide committed in a manner that endangers the lives of other people, if there is guilt, or the "suicide" of a suicide bomber. From a legal point of view (according to Article 105 of the Criminal Code of Russia), murder is only intentional causing death to another person. In Soviet criminal law there was a definition of “unintentional killing”, but in modern Russian criminal legislation it was replaced by the notion of “causing death by negligence” (see the section on Murder in Russian criminal law). In some cases, the law allows people to deliberately deprive people of: the enemy combatant during hostilities; convicted in the death penalty; a criminal with the necessary defense of himself and other persons; a prisoner while attempting to escape from custody; the intruder when attempting to penetrate a guarded watch object, etc. In the countries of the Anglo-Saxon legal family, the separation between murder (eng. murder) and causing death (eng. manslaughter) depends on the degree of culpability of the person who committed the act. Thus, a person who accidentally shot someone as a result of playing with weapons could be imputed to murder [2], and killing a person in a fight would cause death [3].
D. Moore Russian killer of the 1910s. Causes of death to animals in different cultures are treated differently. Regarding it as whether or not it depends on the moral views and the presence or absence of compassion for the slain beings, as well as on the formal approach to the grammatical interpretation of the very concept of "murder." The designation of an act of murder in political disputes is often used as a sign of particular conviction: opponents of abortion, euthanasia, the death penalty, animal advocates and pacifists sometimes extend the concept of murder, going beyond legal significance, in order to emphasize the reprehensibleness of these types of life deprivation. The killed people, whose remains were discovered by scientists, an Alpine inhabitant of the Upper Neolithic era, struck with a bow 12 thousand years ago, was shot in the back [4]. The question of the evolutionary origin of the phenomenon of murder is debatable. For example, David Bass, a psychology professor at the University of Texas, a specialist in social and evolutionary psychology, in The Murderer Next Door: Why the Mind is Designed to Kill (2005) presented the theory that murder has a genetic basis, because during evolution those who killed their rivals gained an advantage [5]. On the other hand, David Canter, a professor of psychology at the University of Liverpool, a specialist in crime research, evaluating Bass’s study, calls bullshit and indulging in the unhealthy interests of the public an attempt to provide an evolutionary explanation for complex human behavior [6]. Latent killing
Not all murders committed are counted in law enforcement statistics. Allocate the hidden and hidden murders. The number of hidden murders are acts that are unknown to law enforcement agencies (due to the absence of a report on them). The hidden ones include murders, which information was available to law enforcement agencies, but which were not officially recorded in the relevant documents [7].
Murder in Russian criminal law
This article or section describes the situation with reference to only one region, possibly violating the rule of balance.
You can help Wikipedia by adding information to other countries and regions. Since the introduction of the 1996 Criminal Code of the Russian Federation, murder in the Russian criminal law has come to be understood only intentional causing death to another person. The “negligent murder” corpus delicti that existed in former (in the RSFSR) criminal codes corresponds to the current “causing death by negligence” (Article 109 of the Criminal Code of the Russian Federation). The explanations of the Supreme Court of the Russian Federation on this matter are given in the Resolution of the Plenum of the Armed Forces of the Russian Federation "On Judicial Practice in Murder Cases" No. 1 of January 27, 1999. According to article 105 of the Criminal Code of the Russian Federation:
1. Murder, that is, the intentional infliction of death to another person - shall be punished with imprisonment for a term of 6 to 15 years with restriction of freedom for up to two years or without it.
2. Murder:
a) two or more persons;
b) a person or his relatives in connection with the performance of official activity or fulfillment of public duty by this person;
c) a minor or another person who is known to the perpetrator of being helpless condition, as well as associated with kidnapping;
d) a woman who is known to the perpetrator in pregnancy;
e) committed with particular cruelty;
e) committed in a generally dangerous manner;
å¹) based on the motive blood feud;
g) committed by a group of persons, a group of persons by prior conspiracy whether by an organized group; h) for mercenary motives or for hire, as well as associated with robbery, extortion or banditry;
i) from hooligan motives;
k) with the aim of concealing another crime or facilitating its commission, as associated with rape or sexual assault;
l) based on national, racial, religious hatred or enmity, or based on hatred or enmity against any social group;
m) in order to use organs or tissues of the victim, -
imprisonment for a term of 8 to 20 years with restriction of liberty for a period of one to two years, or life imprisonment, or the death penalty. In addition to the above, the main one (part one of article 105 of the Criminal Code of the Russian Federation) and qualified (part The second Article 105 of the Criminal Code of the Russian Federation) of the murders in the Criminal Code of Russia also provides for the so-called privileged compositions of this crime: Article 106. Murder of a newborn child by the mother. Murder by the mother of a newborn child during or immediately after childbirth, as well as murder by the mother of a newborn child in a traumatic situation or in a state of mental disorder that does not exclude sanity - shall be punished by restriction of liberty for a term of two to four years or imprisonment for up to 5 years.
Article 107. Murder committed in the heat of passion. 1. A murder committed in the state of a sudden strong emotional excitement (affect) caused by violence, humiliation or grave insult from the victim or other unlawful or amoral actions (inaction) of the victim, as well as a long-term traumatic situation that has arisen due to systematic unlawful or immoral behavior of the victim - shall be punished with restriction of liberty for a term of up to three years or imprisonment for the same term. 2. The killing of two or more persons committed in the heat of passion is punishable by imprisonment for up to five years. Article 108. Murder committed when the necessary defense limits are exceeded or if the measures necessary for the detention of the person who committed the crime are exceeded. 1. Murder committed when exceeding the limits of necessary defense is punishable by restriction of liberty for up to two years or imprisonment for the same period. 2. Murder committed when exceeding the measures necessary to detain a person who committed a crime - shall be punished with restriction of liberty for a term of up to three years or imprisonment for the same period.
As these acts pose less social danger compared to ordinary murder ( privileged composition), less severe punishment is foreseen for them.
Deliberately causing death to a person may be included in the objective side of other compositions as a qualifying attribute:
Clause b of part 3 of article 205 “Terro a act of the act. Explosion, arson or other actions that frighten the population and create the danger of human death, causing significant property damage or other serious consequences in order to influence the decision-making authorities or international organizations, as well as the threat of these actions for the same purposes. If this resulted in the intentional infliction of death on a person, - shall be punished with imprisonment for a term of 15 to 20 years with restriction of freedom for a period of one to two years or life imprisonment. Note. A person who participated in the preparation of a terrorist act shall be released from criminal responsibility if it timely warned the authorities or otherwise helped prevent the terrorist act from being carried out and if the person’s actions do not contain a different crime.
Part 4 of Article 206 “Hostage Taking” . The seizure or retention of a person as a hostage, committed in order to force the state, organization or citizen to perform an action or refrain from performing an action as a condition for the release of the hostage. If these acts resulted in the intentional infliction of death on a person, - shall be punished with imprisonment for a term of 15 to 20 years with restriction of freedom for a period of one to two years or life imprisonment. Note. A person who voluntarily released a hostage voluntarily or at the request of the authorities is released from criminal responsibility if his actions do not contain a different corpus delicti.
Part 3 of Article 281 “Diversion”. Explosion, arson or other actions aimed at destroying or damaging enterprises, structures, ways and means of communication, means of communication, public life support objects in order to undermine the economic security and defense capability of the Russian Federation. If these acts caused the intentional infliction of death to a person, - shall be punished with imprisonment for a term of 15 to 20 years or life imprisonment.
The number of deaths from murders in Russia in 1990–2009, per 100 thousand people of the population. Separately punishment for crimes against humanity is provided:
Article 357 “Genocide”. Actions aimed at the complete or partial destruction of a national, ethnic, racial or religious group as such by killing members of this group, causing grievous harm to their health, forcibly preventing childbirth, forcibly transferring children, forcible relocation, or otherwise creating living conditions designed for physical destruction members of this group are punished with imprisonment from 12 to 20 years with restriction of freedom for up to two years, or life imprisonment . Or death
also allocated a punishment for murder or attempted murder of a state or public figure; law enforcement officer; a person administering justice or a preliminary investigation: Article 277. Attempt on the life of a state or public figure, committed in order to terminate his state or other political activity or out of revenge for such activity, is punishable by imprisonment for a term of 12 to 20 years with restriction of liberty for a term of up to two years, or life imprisonment, or the death penalty.
Article 317. Infringement of the life of a law enforcement officer, a soldier, as well as their relatives in for the purpose of impeding the lawful activities of these persons in protecting public order and ensuring public safety, or out of revenge for such activities - shall be punished with imprisonment for a term of 12 to 20 years with restriction of freedom for up to two years, or life imprisonment, or death penalty. br> Article 295. Infringement of the life of a judge, juror or other person involved in the administration of justice, a prosecutor, an investigator, an inquirer, an advocate, an expert, a specialist, a judge bailiff, bailiff, as well as their relatives in connection with the consideration of cases or materials in court, the production of a preliminary investigation or the execution of a sentence, a court decision or other judicial act, committed with the aim of obstructing the lawful activities of these persons or out of revenge for such activities - shall be punished imprisonment for a term of 12 to 20 years with restriction of liberty for up to two years, or life imprisonment, or the death penalty.
Total punishment for murder is provided for by 11 articles of Hugo of the Russian Federation Code of the Russian Federation and can take up to a restriction of liberty for a term of 1 to 3 years, imprisonment for a term of 2 months to 20 years, life imprisonment or the death penalty.
Loud unsolved murders
In Russia
Alexander Men (1990)
Igor Talkov (1991, see the murder of Igor Talkov)
Dmitry Kholodov (1994)
Vladislav List'ev (1995, see the Murder of Vladislav Listyev)
Mikhail Krug (2002)
Estemirova Natalya Khusainovna (2009)
Vyacheslav Ivankov (“Jap”) (2009)
Ded Hasan (2013)
In Ukraine
Yevgeny Kushnaryov (2007, see Murder E the genius of Kushnaryov)
Gongadze George (2000, see the assassination of Georgy Gongadze)
In Belarus
Dmitry Zavadsky
In the World
Elizabeth Short (1947)
John F. Kennedy (1963)
Olof Palme (1986)
Tupac Shakur (1996)
Rafik Hariri (2005)
See. also
Murder in Wiktionary?
Murder in Wikiquote?
Murder in Wikisource?
Murder on Wikimedia Commons?
List of countries by the level of premeditated murders
Serial killers
Death penalty
Suicide killing
Criminal Code of the Russian Federation, art. 105-108.
Notes
↑ Efremova, T. F. Large Modern Dictionary of the Russian Language. 2006.
conv Oakland man convicted of murder for killing friend while playing with gun.
charged Man charged with manslaughter over Gold Coast brawl.
↑ Hello, gun!
Ryan T. The Murderer Next Door: Book Review (Eng.) // Journal of Social, Evolutionary, and Cultural Psychology. - 2010. - Vol. 4, no. 3. - pp. 203-205.
kil Theory of the killer-instinct in our genes dismissed as 'bullshit' (Eng.). Times Higher Education (May 13, 2005). Verified on October 9, 2014.
↑ LATENT CRIME
Literature
Borodin S.V. Crimes against life. - SPb .: Legal Center Press, 2003. - 496 p. - 1050 copies - ISBN 5-94201-155-9.
Kapinus OS Murder: motives and goals. - M .: IMPE-PABLISH, 2004. - 310 p. - ISBN 5-9594-0010-3.
Links
Kill statistics by countries


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