Features of the crime and responsibility for murder with particular cruelty

Murder – by all legal standards, and indeed by any moral standards, is a terrible crime. But, unfortunately, it occurs quite often, and sometimes situations are not as clear-cut as they might seem at first glance. This article will examine the features of such a crime as murder with extreme cruelty. The examples that will be given below are quite bloody, but they are necessary to understand what the qualifications and features of this crime are.

The maximum penalty for murder with extreme cruelty is life imprisonment.

Article for murder with extreme cruelty

Let's start with this definition. Article 105 of the Criminal Code of the Russian Federation is divided into paragraphs and subparagraphs. The first is intentionally causing the death of another person. Punishable by a term of imprisonment from 6 to 15 years with or without restriction of freedom for up to two years.

The second paragraph includes 13 subparagraphs. These are aggravating circumstances. Among them, for example, is the murder of two or more persons, associated with the kidnapping of a person, motivated by blood feud, from hooligan motives, in a generally dangerous manner, etc. Here under the letter “d” - with particular cruelty. Murders falling under the second count are punishable by imprisonment for a term of 8 to 20 years. Also, at the discretion of the court or jury, it is possible to impose a life sentence. The prisoners are sent to a maximum security colony.

Murder with extreme cruelty: Article 105 of the Criminal Code of the Russian Federation, part 2, paragraph “e”.

Qualified types of murder (Part 2 of Article 105 of the Criminal Code).

To skilled murders

include murder with aggravating circumstances. They can be grouped according to the elements of the crime.

Qualifying features characterizing an object:

1. Two or more persons (clause “a”);

2. A person or his relatives in connection with the performance of official activities by this person or the performance of public duty (clause “b”);

3. Knowingly for the guilty person to be in a helpless state (clause “c”);

4. Women who are known to the perpetrator to be pregnant (clause “d”).

Qualifying features characterizing the objective side:

1. Involved with kidnapping or hostage-taking (clause “c”);

2. Committed with particular cruelty (item “e”);

3. Committed in a generally dangerous way (clause “e”);

4. Associated with robbery, extortion or banditry (clause “h”);

5. Involved with rape or violent acts of a sexual nature (item “k”).

Qualifying features characterizing the subject : committed by a group of persons, a group of persons by prior conspiracy or an organized group (clause “g”).

Qualifying features characterizing the subjective side:

1. Based on blood feud (clause “e.1”);

2. For selfish reasons or for hire (clause “h”);

3. From hooligan motives (item “and”);

4. In order to hide another crime or facilitate its commission (clause “k”);

5. For reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group (clause “l”);

6. For the purpose of using the victim’s organs or tissues (clause “m”).

Plenum of the Supreme Court of the Russian Federation No. 1 of January 27, 1999 “On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation)” determined: under paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation should qualify the murder of two or more persons if the actions of the perpetrator were covered by a single intent and were committed, as a rule, simultaneously.

The murder of one person and the attempted murder of another cannot be considered a completed crime - the murder of two persons. In such cases, regardless of the sequence of criminal actions, the act should be qualified under Part 1 or Part 2 of Art. 105 and according to Part 3 of Art. 30 and paragraph “a”, part 2, art. 105 of the Criminal Code of the Russian Federation.

According to paragraph “b” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation qualifies the murder of a person or his relatives, committed with the aim of preventing the person from lawfully carrying out his official activities or fulfilling a public duty, or for reasons of revenge for such activities.

Under the performance of official activities

one should understand the actions of a person within the scope of his duties arising from an employment agreement (contract) with state, municipal, private and other duly registered enterprises and organizations, regardless of the form of ownership, with entrepreneurs whose activities do not contradict current legislation.
Fulfillment of public duty
is the fulfillment by a citizen of both the duties specifically assigned to him in the interests of society or the legitimate interests of individuals, and the performance of other socially useful actions (suppression of offenses, reporting to authorities about a crime committed or being prepared, or about the whereabouts of a person wanted in connection with with the commission of offenses, giving evidence by a witness or victim incriminating a person in committing a crime, etc.).

Persons close to the victim, along with close relatives, may include other persons who are related to him or her (relatives of the spouse), as well as persons whose life, health and well-being are known to the perpetrator to be dear to the victim due to established personal relationships.

According to paragraph “c” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation (murder of a person known to the perpetrator to be in a helpless state) should qualify the intentional infliction of death on a victim who is unable, due to a physical or mental state, to defend himself or to provide active resistance to the perpetrator, when the latter, while committing the murder, is aware of this circumstance. Persons in a helpless state may include, in particular, seriously ill and elderly people, young children, people suffering from mental disorders that deprive them of the ability to correctly perceive what is happening.

When qualifying the actions of the perpetrator under paragraph “c” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation on the basis of “murder associated with kidnapping or hostage-taking”, it should be borne in mind that, within the meaning of the law, liability under this paragraph of Part 2 of Art. 105 of the Criminal Code of the Russian Federation is punishable not only for intentionally causing the death of the kidnapped person or hostage, but also for the murder of other persons committed by the perpetrator in connection with the kidnapping or hostage-taking. The act must be qualified in conjunction with the crimes provided for in Art. 126 or art. 206 of the Criminal Code of the Russian Federation.

When qualifying a murder under paragraph “d” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation must be based on the fact that the concept of special cruelty is associated both with the method of murder and with other circumstances indicating the manifestation of special cruelty by the perpetrator. At the same time, in order to recognize a murder as committed with particular cruelty, it is necessary to establish that the intent of the perpetrator included committing the murder with particular cruelty.

A sign of special cruelty is present, in particular, in cases where, before the deprivation of life or in the process of committing a murder, the victim was subjected to torture, torture or mockery of the victim, or when the murder was committed in a way that the perpetrator knows is associated with causing special suffering to the victim (inflicting a large number of bodily injuries, the use of painful poison, burning alive, prolonged deprivation of food, water, etc.). Particular cruelty can be expressed in committing a murder in the presence of people close to the victim, when the perpetrator was aware that his actions were causing them special suffering.

Mockery of a corpse in itself cannot be regarded as a circumstance indicating the commission of a murder with particular cruelty. What was done in such cases, unless there is other evidence of the perpetrator showing particular cruelty before taking the victim’s life or in the process of committing a murder, should be qualified under the relevant part of Art. 105 and under Art. 244 of the Criminal Code of the Russian Federation, which provides for liability for desecration of the bodies of the dead.

The destruction or dismemberment of a corpse for the purpose of concealing a crime cannot be grounds for qualifying a murder as committed with particular cruelty.

Under the generally dangerous method of murder

(Clause “e”, Part 2, Article 105 of the Criminal Code of the Russian Federation) should be understood as a method of intentionally causing death, which is known to the perpetrator to pose a danger to the life of not only the victim, but at least one other person (for example, by explosion, arson, production shots in crowded places, poisoning of water and food that other people besides the victim use).

If, as a result of the generally dangerous method of murder used by the perpetrator, the death of not only a certain person, but also other persons, occurred, the act must be qualified, in addition to paragraph “e” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, under paragraph “a”, part 2 of Art. 105 of the Criminal Code of the Russian Federation, and in case of harm to health to other persons - under paragraph “e” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation and under articles of the Criminal Code providing for liability for intentional infliction of harm to health.

In cases where murder by explosion, arson or other generally dangerous method is associated with the destruction or damage of someone else’s property, or with the destruction or damage of forests, as well as plantings not included in the forest fund, the act committed, along with paragraph “e” of Part. 2 tbsp. 105 of the Criminal Code of the Russian Federation, should also be qualified under Part 2 of Art. 167 or part 2 of Art. 261 of the Criminal Code of the Russian Federation.

When qualifying a murder under paragraph “g” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, it is necessary to take into account what is contained in Art. 35 of the Criminal Code of the Russian Federation defines the concept of a crime committed by a group of persons, a group of persons by prior conspiracy and an organized group of persons.

Murder is recognized as committed by a group of persons when two or more persons, acting together with intent aimed at committing murder, directly participated in the process of taking the life of the victim, using violence against him, and it is not necessary that the injuries leading to death were caused by each of them ( for example, one suppressed the victim’s resistance, deprived him of the opportunity to defend himself, and the other inflicted fatal injuries on him). Murder should be recognized as committed by a group of persons even in the case when, in the process of one person committing actions aimed at intentionally causing death, another person (other persons) joined him for the same purpose.

A preliminary conspiracy to murder presupposes an agreement expressed in any form between two or more persons, which took place before the commencement of actions directly aimed at taking the life of the victim. At the same time, along with co-perpetrators of the crime, other members of the criminal group may act as organizers, instigators or accomplices of murder, and their actions should be qualified under the relevant part of Art. 33 and paragraph “g”, part 2, art. 105 of the Criminal Code of the Russian Federation.

Organized group

- a group of two or more persons united by intent to commit one or more murders. As a rule, such a group carefully plans a crime, prepares murder weapons in advance, and distributes roles between group members. Therefore, when a murder is recognized as committed by an organized group, the actions of all participants, regardless of their role in the crime, should be qualified as co-perpetrator without reference to Art. 33 of the Criminal Code of the Russian Federation.

According to paragraph “h” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation ( murder for mercenary motives ) should qualify a murder committed in order to obtain material benefits for the perpetrator or other persons (money, property or rights to receive it, rights to living space, etc.) or to get rid of material costs (refund property, debt, payment for services, fulfillment of property obligations, payment of alimony, etc.).

A caused by the receipt by the perpetrator of the crime of material or other reward should be classified as murder for hire Persons who organized a murder for reward, instigated its commission or assisted in the commission of such a murder are liable under the relevant part of Art. 33 and paragraph “h”, part 2, art. 105 of the Criminal Code of the Russian Federation.

Murder in the process of committing these crimes should be classified as involving robbery, extortion or banditry. What was done in such cases is qualified under paragraph “h” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation in conjunction with articles of the Criminal Code providing for liability for robbery, extortion or banditry.

According to paragraph “and” part 2 of Art. 105 of the Criminal Code of the Russian Federation should qualify murder committed on the basis of obvious disrespect for society and generally accepted moral norms, when the behavior of the perpetrator is an open challenge to public order and is caused by the desire to oppose himself to others, to demonstrate a disdainful attitude towards them (for example, deliberately causing death for no apparent reason or with using a minor reason as a pretext for murder).

If the culprit, in addition to murder for hooligan motives, committed other deliberate actions that grossly violated public order, expressed clear disrespect for society and were accompanied by the use of violence against citizens or the threat of its use, as well as the destruction or damage of other people’s property, then what he did should be qualified according to the law. "and" part 2 art. 105 of the Criminal Code of the Russian Federation and the corresponding part of Art. 213 of the Criminal Code of the Russian Federation.

To correctly distinguish between murder for hooligan reasons and murder in a quarrel or fight, it is necessary to find out who initiated it, and whether the conflict was provoked by the perpetrator to use it as a pretext for murder. If the instigator of a quarrel or fight was the victim, as well as in the case where the conflict was caused by his illegal behavior, the perpetrator cannot be held responsible for murder for hooligan motives.

Within the meaning of the law, qualification under paragraph “k” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, the murder of a certain person committed by the perpetrator in order to conceal another crime or facilitate its commission excludes the possibility of qualifying the same murder, in addition to the specified paragraph, under any other paragraph of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, which provides for a different purpose or motive for murder. Therefore, if it is established that the murder of the victim was committed, for example, for mercenary or hooligan motives, it cannot simultaneously be qualified under paragraph “k” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation.

Murder involving rape or sexual assault

, should be understood as murder in the process of committing these crimes or for the purpose of concealing them, as well as committed, for example, for reasons of revenge for resistance provided during the commission of these crimes.

Considering that in this case two independent crimes are committed, the crime should be qualified under paragraph “k” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation and, depending on the specific circumstances of the case, under the relevant parts of Art. 131 or Art. 132 of the Criminal Code of the Russian Federation.

Within the meaning of the law, murder should not be regarded as committed under the qualifying criteria provided for in paragraphs “a”, “d”, “e” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, as well as in circumstances that are usually associated with the idea of ​​special cruelty (in particular, multiple injuries, murder in the presence of persons close to the victim), if it was committed in a state of sudden strong emotional disturbance or when the limits of necessary defense were exceeded.

Murder committed with the qualifying criteria provided for by two or more points of Part 2 of Art. 105 of the Criminal Code of the Russian Federation must qualify on all these points. Punishment in such cases should not be imposed on each point separately, however, when assigning it, it is necessary to take into account the presence of several qualifying criteria.

In cases where the defendant is charged with committing murder with the qualifying criteria provided for in several paragraphs of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, and the charges on some of them were not confirmed, in the descriptive part of the verdict it is enough, with the appropriate motives, to formulate a conclusion that the charges on certain counts are recognized as unfounded.

The actions of an official who committed murder while exceeding his official powers should be qualified according to the totality of crimes provided for in Part 1 or Part 2 of Art. 105 and part 3 of Art. 286 of the Criminal Code of the Russian Federation.

Similarly, in conjunction with Part 2 of Art. 203 of the Criminal Code of the Russian Federation must qualify the actions of a manager or employee of a private security or detective service who committed a murder while exceeding the powers granted to him in accordance with the license, contrary to the objectives of his activities.

The murder of an employee of a place of imprisonment or a place of detention or a convicted person in order to prevent his correction or out of revenge for his performance of a public duty, committed by a person serving a sentence of imprisonment or being held in custody, must be qualified, in addition to the relevant part of Art. 105 of the Criminal Code of the Russian Federation, under Art. 321 of the Criminal Code of the Russian Federation, which provides for liability for disruption of the normal activities of institutions that ensure isolation from society.

Definition

Murder as such and without aggravating circumstances is a cruel act that brings suffering not only to the person killed, but also to his relatives. However, the deprivation of human life is highlighted with particular cruelty in the Criminal Code of the Russian Federation and is punished more severely.

The main difficulty is that this concept itself is a relative factor. In other words, a forensic medical examination cannot be 100% sure that this crime is aggravated by circumstances, based only, for example, on the number of bullet or knife wounds, as well as on some other signs.

Initially, the offender is charged with Article 105. A verdict under paragraph “d” can only be passed by a court, based on all the evidence collected. Murder with particular cruelty can be recognized as such only after assessing all objective and subjective circumstances of the case.

When making a final decision, the court's attention is drawn primarily to the method of murder. Based on this fact, one can understand whether a person experienced agony before death. For example, he was beaten, raped or tortured. If this took place, this is grounds for recognizing the murder as cruel. The criminal realized that the victim would suffer and die in suffering, which did not stop him from using force. On the contrary, he received some pleasure from it and tried to make it as painful as possible.

This classification also includes a crime involving cruelty towards the victim, committed in front of relatives, since people suffered psychological trauma. The term of punishment depends on the number of aggravating factors, which, as already mentioned, in this case varies from 8 to 20 years. It is also possible to add to Art. 105 part 2 paragraph “d” of another article. For example, 244, which is charged with mockery of the body of the deceased.

In general, a murder committed with particular cruelty is a crime identified in a separate group as a qualifying feature that enhances criminal liability, taking into account the chosen method of committing the crime and a number of other circumstances indicating particular cruelty.

Peculiarities

It must be borne in mind that the very concept of “special cruelty” is relative. This circumstance is not established during a forensic medical examination. It is the court, based on the evidence provided and the circumstances identified in the case materials, that can pronounce a verdict under paragraph “e” of Part 2 of Article 105 of the Criminal Code of the Russian Federation.

In order for there to be grounds for this qualification, it is necessary to establish that the intent of the criminal was to commit murder with particular cruelty, and the following circumstances may be qualifying features:

• in the direct deprivation of the victim's life or in the process of murder, torture or torment was used;
• the victim was mocked;
• use of poisons;
• burning alive;
• starvation.

To make it clearer, it is worth examining these aspects using an example:

The wife of citizen Ivanov cheated on him with citizen Alekseev. Ivanov, realizing that he was committing a crime, decided to take revenge on the homewrecker. At night, Ivanov snuck into Alekseev’s house and, taking advantage of the victim’s sleeping state, hit him on the head with a blunt object, as a result of which Alekseev lost consciousness. Ivanov took the victim to the basement of his house, where he tied him up and chained him to a pipe. Every day Ivanov brought one mug of water and beat Alekseev with a shovel handle. On the 10th day, Ivanov began to be suspected of involvement in the disappearance of a person, as a result of which he decided to take desperate measures. That same day, having gone down to the basement of Alekseev, who was already barely alive, Ivanov inflicted more than 10 blows to the victim’s head with the same handle, which led to the victim’s death.

It is worth paying attention to another important factor, that the concept of “special cruelty” applies if it was carried out in the presence of people close to the victim, when the perpetrator was aware that his actions were causing them special suffering.

Let's add one more person to the above example. Let's assume that Alekseev was married, and Ivanov kidnapped both spouses. All the abuse committed by the criminal was carried out in front of the victim’s wife, which, undoubtedly, despite the betrayal, caused special suffering to both spouses.

Difficulties that arise in determining this classification

The main problem that may arise during the investigation is precisely establishing the fact of cruelty or its absence. This classification can be assessed according to two criteria, which, in fact, complicates the situation. Firstly, the very concept of cruelty. Secondly, the Criminal Code speaks specifically about special cruelty. That is, it is even something more, roughly speaking – extreme, higher.

The definition of murder with particular cruelty in the Criminal Code cannot be called stable. For example, the judicial panel of the RSFSR recognized as such a case when one brother, in a fit of anger, inflicted only a few stab wounds on the other. At the same time, in the case where 12 blows were applied to the neck with a scalpel, they did not find any particular cruelty.

Several indicators have been developed in response to the occurrence of such difficulties. They meet the definition of “special cruelty.” The main aspect here is to obtain satisfaction from the pain and suffering caused to the victim. Namely:

• torture;
• use of poison;
• torture by starvation;
• beating;
• rape.

If the case refers to at least one of the above-described circumstances, it automatically falls under paragraph “e” of Part 2 of Article 105 of the Criminal Code. Murder with special cruelty can also be determined if the offender inflicted multiple stab wounds on his victim, etc.

Legislative regulation

In accordance with the Criminal Code of the Russian Federation, murder with extreme cruelty is regulated by Article 105 in paragraph 2 with subparagraph “e”.

In accordance with it, the court imposes a punishment.

If, according to the inspection materials, the crime is classified as the murder of a person with particular cruelty, then the punishment will be more severe than for other types of murder.

How many years in prison do you get for killing a minor? Read about it here.

The heat of passion

However, there are exceptions here too. This is murder in the heat of passion. It is a sudden, intense emotional disturbance that could result from violence, serious insult, bullying or other immoral acts on the part of the victim. The accused is charged with Art. 107 of the Criminal Code of the Russian Federation. Punishment in this case is imposed as correctional labor, restriction or imprisonment for up to three years.

Commentary to Art. 107 Criminal Code

1. This act refers to murder under mitigating circumstances, which is due to the special mental state of the perpetrator (he has a reduced ability to control his actions), caused by the behavior of the victim himself. In each case, it is necessary to establish that the affect (strong emotional disturbance) was sudden and occurred as a result of the reasons specified in the law, caused by the behavior of the victim.

Violence can be either physical (beatings, harm to health of varying degrees of severity, kidnapping, etc.) or mental (threat of murder, harm to human health, destruction or damage to property, dissemination of slanderous information, etc.) .

Bullying usually means mockery, mental and physical violence, which is cynical in nature and committed over a more or less long period of time.

Grave insult - humiliation of the honor and dignity of the perpetrator on the part of the victim, expressed in an indecent form; recognition of the insult as grave is an evaluative sign. Assessing the severity of the insult that provoked an affective state is the prerogative of the investigative authorities and the court, and both objective and subjective factors must be taken into account.

Other illegal actions (inactions) on the part of the victim are gross violations of the rights and legitimate interests of the guilty person, his loved ones, society and the state. It does not matter which branches of law are violated by the victim.

Immoral actions (inaction) should be understood as such active or passive behavior of the victim, which contradicts the generally accepted norms of morality and morality in society.

An affect-forming factor can also be a long-term psychotraumatic situation that arose as a result of the systematic illegal or immoral behavior of the victim. Affect can be the result of long-term, time-extended hostile relationships between the perpetrator and the victim. The situation gradually escalates as a result of repeated illegal or immoral behavior. The most recent act: scandal, insult, beating, etc. - becomes the drop that overflows the patience of the guilty person, an explosion of emotions occurs, a crime is committed as a response to the behavior of the victim.

About an aggravating circumstance

Cruelty as a factor influencing the victim can be divided into 3 parts:

1. Infliction before committing murder.
2. During its implementation.
3. After the crime.

In addition, the following types of influence fall under the definition of special cruelty:

• death from painful shock, deprivation of water, poisoning, burning, etc.;
• psychological impact, including hostage holding and torture;
• torture before and during the murder;
• taking a person's life in front of other people.

Qualification problems

Murder, which is characterized by particular cruelty, is understood as the taking of a person’s life, in which the criminal takes pleasure in the torment of a dying citizen.

as cruel measures for a dying victim:

• I;
• beatings and rapes;
• lack of food;
• torture.

If one or more of the above methods of influence on the victim is present, then experts classify it as particularly cruel.

The infliction of a huge number of wounds often indicates a murder that was carried out with extreme cruelty.

However, this is not always the case. There are cases when such crimes are caused by a state of passion. This points to Article 107 of the Criminal Code of the Russian Federation.

Excludes murder with extreme cruelty...

In general, the infliction of suffering after death is a controversial issue. The court will take into account all the circumstances of the case to make a final decision on whether a particular crime was committed with particular cruelty. But most often, mockery of the body after death is not considered particularly cruel, nor is dismemberment, which occurred, of course, after the person was killed. However, these circumstances are also taken into account when determining the term of punishment.

Investigation and trial

The investigation of any case begins with establishing the method of committing the crime. In this particular case, it is first of all important to find evidence of the commission of an atrocity with particular cruelty. The operational and investigative team, together with employees of the forensic medical examination service, must determine the following points:

• time and cause of death;
• general circumstances of the case, including attempts by the killer to hide traces of the crime;
• identification of the person who committed the act;
• confirmation of the fact of causing death with particular cruelty;
• restoration of the identity of the murdered person and his characteristics;
• determining the purpose and motive for committing a given crime.

In order to obtain answers to all questions that arise, a set of measures is carried out to help solve these problems. Namely:

1. Inspection of the crime scene.
2. Forensic examination of the body.
3. Search for material evidence and its examination.
4. Interviewing witnesses.
5. Interrogation of the person who committed the murder with particular cruelty.

When all the case materials have been collected, they are submitted to the court. The rest is at the discretion of the judge. He can either agree that the crime was committed with particular cruelty or refute this suspicion. Although now, thanks to amendments made to the legislation, everything has become transparent and obvious.

Subject and object

The subject of a crime committed with particular cruelty can be any person who was 14 years old .

The object of murder carried out with the use of cruelty is understood to be human life.

In this case, life should be understood as a biological state of a person .

Therefore, the law puts the life of a person first, and it does not matter his age, gender or nationality.

The subjective side of the crime committed is intent . In order to correctly qualify this type of violation of the law, it must be proven whether there was an intent to kill a person by cruel means or not.

The objective side is an unlawful killing with cruel acts against the life of another citizen.

Examples from judicial practice

Studying how murder with extreme cruelty is described in the Criminal Code of the Russian Federation, it is difficult for an ordinary person to understand how people can commit such a crime. However, those who work under the auspices of Themis (especially if they have many years of experience behind them) know firsthand how cynical people can be.

1. The sister scolded her brother for drinking. In response, he threw the girl off the bed and began hitting her with a rolling pin. Then he took a rope, tied one end of it around his sister’s neck, and tied the other to the handle. Opening and closing the door, he first loosened and then tightened the rope again. As a result of asphyxia (suffocation), the girl died. The court sentenced the man to 9 years in prison.
2. A man and woman in a civil marriage were drinking alcoholic beverages. During the conversation, he began to suspect his partner of infidelity. The man began to strike his common-law wife multiple times with his feet, hands and various objects. The woman died from a traumatic brain injury. The court found this murder committed with particular cruelty, since the mother was beaten in front of her young children. Moreover, the woman suffered from the blows inflicted.
3. A husband and wife, who often drank alcohol, once again decided to punish their six-year-old son for disobedience. The mother took the boy by the legs and hit him on the floor. The father then took the child, carried him out onto the veranda and continued beating him. The boy died as a result of his injuries.

Unfortunately, there are an awful lot of such examples. But it cannot even be said that they differ in the level of cruelty. After all, this level as such cannot exist. But there is cruelty in any case. But is she special?

General concept of murder

Murder is the intentional killing of another person. This definition is contained at the beginning of Art. 105 of the Criminal Code of the Russian Federation, and it best describes the essence of the criminal act.

For all other types of murders, which are not characterized by direct intent, there are separate articles in the Criminal Code of the Russian Federation. They relate to the regulation of murders due to negligence, in a state of passion, when the limits of necessary defense are exceeded.

Premeditated murder involves only one type of responsibility - actual imprisonment.

The amount of imprisonment will be determined based on the characteristics of the offense. For ordinary murder without aggravating circumstances, the convicted person will be sentenced to 6-15 years in prison.