К вопросу об уголовно-правовой характеристике надругательства над телами умерших и местами их захоронения

Abstract

We examines the composition of the crime provided for in Article 244 of the Criminal Code of the Russian Federation, and also points out a number of controversial points on the correctness of the interpretation of certain elements of the composition of this crime and the problems of the qualification of this act in judicial practice. The purpose of the scientific work is to investigate the elements of the composition of the crime reflected in Article 244 of the Criminal Code of the Russian Federation “Abuse of the bodies of the deceased and their burial places” and the qualification of certain actions of the perpetrators, for example, when committing theft of objects that are with the deceased. In the course of the study, the generic, specific and direct object and subject of the act under Article 244 of the Criminal Code of the Russian Federation are considered in detail, the signs of the objective side of this crime, the problems of its qualification are analyzed. Based on judicial practice, it is possible to formulate a logical conclusion that the abuse of the body of the deceased can be expressed in various forms of dismemberment of the corpse, in mockery of the corpse of a person, committing sexual intercourse in relation to him (necrophilia). It is emphasized that there is also no uniform opinion regarding the criminal legal qualification of the theft of property from the body of the deceased. We express our point of view about the need to develop and implement a unified approach to understanding Article 244 of the Criminal Code of the Russian Federation and the correct qualification of acts falling under the set of signs provided for by this study. Proposals are formulated to supplement the norms of legislation in the field under consideration.