Физическая беспомощность потерпевшего: позиция суда

Abstract

The purpose of the study was to establish the Court's position in determining the physical helplessness of the victim. It was found that the Supreme Court of the Russian Federation establishes two types of helplessness: mental and physical. The latter is related to the processes of development and vital activity of the human organism. At the same time, in law enforcement practice, physical helplessness is interpreted more extensively, including also external influence. The authors draw attention to the existing terminological discrepancies in the explanations of the Plenum of the Supreme Court of the Russian Federation on this issue. The result of the analysis of court practice has shown that the courts predominantly link the helpless state to the difficulties of movement of the victim, although they do not limit themselves to this. Also we stopped on the most widespread judicial errors and a number of disputable questions.