СПОСІБ ВЧИНЕННЯ ВБИВСТВ З ОСОБЛИВОЮ ЖОРСТОКІСТЮ ЯК ЕЛЕМЕНТ КРИМІНАЛІСТИЧНОЇ... ХАРАКТЕРИСТИКИ ЦИХ ЗЛОЧИНІВ

Abstract

The article is devoted to the study of the method of committing murders with particular brutality as one of the most important elements of the forensic characteristics of these crimes. On the basis of a systematic analysis of scientific forensic literature, criminal, criminal procedural legislation and the results of investigative and judicial practice, as well as the results of a survey of practical workers (investigators, prosecutors), it was concluded that the method of committing the crime as an element of the forensic characteristics has a significant impact on the qualification, as well as on the methodology of the investigation of the specified criminal offense. The method of committing murders with particular brutality has been considered by us from the point of view of its classic in criminology system of interrelated actions of preparation, direct commission and concealment of traces of the crime. The results of the systematic analysis of criminal proceedings opened on the grounds of the crime provided for in Clause 4, Part 2, Art. 115 of the Criminal Code of Ukraine, convincingly testifies that murders with particular brutality are almost never committed with preliminary preparation for the commission of the crime. As a rule, the criminal immediately implements the criminal intent that has arisen. It has been established that the only preparatory action carried out by a criminal and which can be considered preparation for the commission of a murder committed with particular cruelty is the selection and bringing to the scene of the crime of the instrument of its commission. In isolated cases, there was also a place for the criminal to wait for a favorable moment to start his criminal activity, namely the moment when the criminal and the victim (or victims) were alone. It has been established that murders with particular brutality are most often committed in the following ways: striking with hands and feet, jumping with feet on the victim’s body and head; inflicting barbed-cutting blows with a knife, including a hunting knife that belongs to cold weapons, with another sharp object (screwdriver, etc.); an object of chopping action (axe, shovel, etc.); amputation of body parts with a knife; striking with a blunt object (hammer, metal stick, etc.); strangulation with hands, object (wire, rope, etc.); arson of the victim and others. There have been several cases where various methods of committing murder with particular brutality are consistently used. The correlations between the elements of forensic characteristics are established: the way the crime was committed and the person of the criminal, the place of the crime and the victim.