The concept and types of murders. Manslaughter
Life is a natural gift. But this process has a beginning and an end, that is, birth and death. It can be natural or not. In the second case, death is often the result of murder, which is always treated as a serious crime. The article deals with the concept and types of murders. This information will help in litigation, as well as in many life situations where a person is faced with the need to study the characteristics and nuances of the crime.
What is murder? How is it characterized? The Criminal Code of the Russian Federation has a clear definition of this term. Murder is the deliberate infliction of death on another person.
Death is the cessation of the functioning of allorgans and body systems. First of all, this condition is characterized by cardiac arrest, which is usually called a clinical death. But the process is completely completed approximately 7-10 minutes after the human heart stopped. Life is the highest value, therefore deprivation of it is punished with extreme severity.
Murder is a criminal offense,which implies serious punishment. Before you know its possible limits, it is necessary to study the concept and types of murders. All this plays a huge role in making a court decision.
Anticipating the total
The decisive role is played by the elements of the crime, that is,circumstances that could induce or create conditions for the killing to happen. The concept, characteristics, types of it are all components of the subsequent analysis of a crime, helping to correctly interpret its results. But how can you determine these important indicators?
The mandatory component of this crimeis the presence or absence of intent. This means that a citizen acting as a killer was fully aware, desired and foresaw the cause of death to a person. According to the law, it is impossible to judge a person on a criminal article with the interpretation of "murder", if it was committed through negligence. Such moments are considered on an individual basis.
The concept of murder and the classification of its types is inconceivable without considering the objective and subjective aspects of the crime. All this will help to fully understand what kind of action is involved.
The object can include human life orso-called public relations, reflecting the realization of the citizen's constitutional right to life. The objective side of the murder is the fact of inaction or, conversely, the actions of the citizen, which entailed the death of a person. Here, too, can be attributed the relationship between committed acts and the onset of death. If it is absent, then the crime does not take place.
The concept, signs and types of murder can not be fully disclosed without realizing the subjective side of this, because this feature relates directly to the offender and his actions.
The subjective side can be characterizedonly as intent. A citizen who commits murder is fully aware of his actions and their public danger, foresees the result and understands the inevitability of the death of the victim. A person can either desire this, or be indifferent to the demise of the victim. Indifference also enters the subjective side of the crime. All of the above circumstances can be qualified as murder. The concept, composition and types of this crime should be described in detail.
Who can be in the dock forthe perfect deed? The subject of the crime is a person who has reached the age of 14 years. Earlier, it is impossible to judge a citizen with the application of sanctions of this article.
It is important to remember that a teenager who has reached the age of 14 andThe perpetrator of the murder must be in an adequate and sane state. In the absence of these conditions, the offender will not be able to judge according to the relevant articles of the Criminal Code of the Russian Federation. After all, if a person is inadequate, he is not able to foresee the social danger and the outcome of his actions.
According to circumstances
What is subjective and objective?described crime, we discussed. Now it is necessary to consider in more detail the concept and types of murders. In the Criminal Law classification can be varied. For example, according to the characteristics of the parties. Currently, the following types of death are attributed to a citizen:
- under aggravating circumstances;
- under mitigating circumstances.
This important division of thecrime. After all, depending on the type of murder, the court will take a decision to punish the accused. It is not difficult to guess how the rigidity of the sanctions applied to the offender is distributed. Minimal terms are with simple murders, the maximum - in the commission of a crime with aggravating circumstances.
General classification of crimes
What other classifications apply to thisa term like murder? The concept, types, brief characteristics of these actions are very important points. Therefore, it is worth paying more detailed attention to the qualification of the perfect deed. In modern Russian legislation, there are:
Under qualified and privilegedkillings are understood as the presence of aggravating or mitigating circumstances. After all, the correct verdict can be made only taking into account these features. The concept, signs and types of murder include several more types of classification. For example, in the direction of actions, crimes can be identified:
- by negligence;
By number of participants:
- murder committed by one person;
- group (collusion);
- organized grouping.
By number of victims:
- with one victim;
- mass murder (2 or more victims).
But this data is still not enough to accuratelydetermine what kind of punishment should be given to the perpetrator for the act. What else do you need to pay attention to? The concept and types of premeditated murder include mitigating and aggravating circumstances. Therefore, it is worth paying attention first and foremost to the second type of causing death to a person. After all, in such a case, the punishment is imposed in a more rigid form than in all other outcomes. These are the rules of Russian law.
To murder with aggravating circumstancescarry a crime committed against two or more persons. According to Art. 105 (p.2) of the Criminal Code, this kind of act will not form a chain of causing death. Just such a murder will be regarded as an act with the presence of aggravating circumstances. Still here carry:
- murder in respect of an official and his relatives, who performed official duties or public duty;
- causing death to a helpless young child;
- killing a pregnant woman;
- with particular cruelty;
- murder, which was carried out in a manner dangerous to society;
- blood feud;
- by agreement;
- for hire;
- with robbery, blackmail, banditry;
- murder to conceal another crime;
- because of enmity due to political, ideological and national differences;
- murder to use the body of the deceased as a donor of organs.
All of the above circumstances areweighed down. They impose more serious penalties on the criminal than mere murder. But this does not end the specific features of the crime.
Now it is necessary to pay attention to the concept andtypes of privileged murders. This type of crime is not very common, but it does. And it can be attributed to the class "with mitigating circumstances." This murder is usually classified as a separate concept. Types of privileged murders are diverse.
Such crimes include the following:
- the commission of this after childbirth;
- in a state of affect;
- when self-defense measures are exceeded.
In all cases except the last point, the citizen is in a state that is difficult to call sane. Therefore, circumstances can be considered mitigating. Read more about them further.
Above is given the information that reveals the concept and typesmurders. Moreover, the main classification of the crime is also now known. What is a privileged murder and causing death with aggravating circumstances (qualified), we also dismantled. And what then is considered a simple type of this crime?
Such killings include the causing of deathcitizen in the absence of aggravating and mitigating circumstances. We can say that this is a crime committed without good reasons, not for hire and in an absolutely adequate state. In fact, in practice, a simple murder is not very common. After all, if you look carefully at the composition of the crime, a huge role is played by its motive. Often, a simple murder can be attributed to a qualified one, if there is evidence of aggravating circumstances.
What else is worth paying attention to? A simple murder, the concept and types of which do not differ in great variety, is qualified when it is committed:
- out of jealousy;
- at quarrel or fight (not from hooligan motives);
- due to the complicated personal relationship between the perpetrator and the victim, revenge, envy, dislike, hatred.
It is necessary to pay attention to featuresprivileged murders. They include mitigating circumstances and bring a lot of problems in court proceedings. The first case - the killing of an infant immediately after childbirth.
Under similar circumstances, the object of crime is the life of the child. A newborn child is considered from the moment of completion of labor and at the end of 4 weeks after this.
But the objective side of the issue isa few moments. First, it is possible that the child was killed immediately after or immediately during labor. It does not matter whether the intent was in advance or whether the desire for causing death arose immediately after the completion of the physiological process.
Secondly, if the crime takes place in conditions that are traumatic for the psyche. It can be anything: a difficult financial situation, a fear of parents, a father's refusal from a baby, and so on.
Thirdly, it is possible that homicide on the basis of temporarya mental disorder that does not cancel the citizen's sanity. Such a crime occurs when the mother, killing the child, because of her condition, did not realize and could not assess the social danger of the actions. And even more so to resist their commission.
The subject of the crime is the mothernewborn (regardless of age), and the subjective side is characterized by direct or indirect intent. It is precisely such characteristics that kill immediately after childbirth.
The heat of passion
Particular attention will have to be paid to murder,committed in a state of affect. This is a mitigating circumstance, but its existence must be proved. But it is worth noting that this is not always possible. The object of the crime is the life of a citizen who caused this condition in the criminal. The objective side is:
- a state of violent emotional excitement that appeared suddenly;
- Affect is caused by: violence, insults, humiliations, illegal or immoral acts, long stay in an unfavorable psychological situation caused by the actions of the victim.
Suddenness is characterized by:
- the appearance of affect immediately after the deeds of the victim;
- between the crime and the actions of the victim there is no temporary difference.
The subjective party is usually called an affective intent, and the subject in this situation is a citizen who is in a state of affect.
Almost at the end of the discussion of the topic: "Murder: concept, types, brief characteristics ". It remains to consider the last type of privileged crime. Namely, committed in excess of defense measures.
The objective side of the crime is characterizedan encroachment on the life and health of the killer, and the object is the life of the detainee (if the murder was committed during detention) or encroaching on the health of the offender.
The subjective side is a direct or indirect intent, and the subject is a person who reflects an attack or commits the process of detaining someone.
The article describes in detail the concept, typesintentional homicide, as well as a similar crime, but committed in a state of affect or under other mitigating circumstances. With the application of what terms and sanctions is this crime punishable?
The Criminal Code (art. 105) indicates thata simple murder is punishable by imprisonment for 6-15 years, and may additionally be given a suspended sentence of 24 months. If it is a question of a qualified crime, you will have to pay for it for a period of 8 to 20 years and get a freedom restriction for 2 years maximum. If there is a murder of exceptional gravity, then the term can be life-long.