Contradictions of law, theory and judicial practice on certain issues of qualifying murder, violent sexual crimes, crimes against freedom and personal integrity

Abstract

This article shows some of the problems and contradictions that arise in law, theory and judicial practice at the highest level on certain issues of qualifying murder, violent sexual crimes, crimes against freedom and personal integrity. The authors position on their resolution is substantiated, in particular, guided by practical expediency, the opinion is defended that the term conjugated from the criminal law should be excluded. For the purpose of uniform understanding of criminal law and a more precise qualification, the opinion is defended that the legislators approach to describing the feature use of violence, taking into account its intensity and means of influence in crimes against freedom and personal integrity, should be the same: in the main composition with the use of violence, not dangerous to life or health, or the threat of violence; in the qualified with the use of violence dangerous to life or health; for the same purposes, in its resolution of December 4, 2014, the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual, it is advisable to give a more complete interpretation of the concept of another person, and also show: in what cases, the use of violence or the threat of its use against another person is covered by Part 1 of Article 131.132 of the Criminal Code of the Russian Federation, and in which goes beyond the specified articles of the criminal law.