DOUBLE MURDER: PRACTICE AND COMPARATIVITY

Abstract

The article is devoted to a comparative legal study of the intentional murder of two or more persons. A review of current issues regarding the qualification of this crime against life has been carried out. The conclusion is drawn about the need to improve the criminal law of Ukraine and judicial practice regarding the intentional murder of two or more persons.Qualified murderis called a murder committed in the presence of at least one of aggravating circumstances (qualifying signs), listed in the second part of article 115 of the criminal code of Ukraine. Legal scholars qualified the crime (qualified form of the crime) is defined as a crime, has several directly stipulated by the relevant article of the Special part of the criminal code of signs (aggravating circumstances) that indicate increased social danger of this crime compared to the unqualified (simple) view of the same crimeQualified murder with high responsibility to the Ukrainian legislator in paragraph 1 of article 115 of the criminal code of Ukraine has established the premeditated murder of two or more persons. investigative and Judicial practice shows that considerable difficulties arise when qualifying the actions of the perpetrator, if the result is death intentionally caused by two or more persons. The responsibility for this type of murder provided for by paragraph 1 of part two of article 115 of the criminal code of Ukraine. At first glance, the basis for significant increase in responsibility in this case is the presence of two victims, each of which is death caused with deliberate form of guilt. However, this approach is very simplified design of the part the murder of two or more entities. According to scientists, the quantitative characteristics of the victim when committing the crime must be determined by the particular substantive content of the intent of the perpetrator.The objective of the article is to further theoretically develop the topic of criminal liability for the intentional killing of two or more persons, taking into account modern achievements of the criminal law comparative law.Comparative legal analysis of legislation in the countries of Romano-Germanic legal family have shown that such an aggravating circumstance as to the murder of two and more persons is inherent only in the criminal legislation of post-Soviet countries, in other countries, including formersocialist, this aggravating circumstance of the murder is virtually nonexistent. But in those criminal codes that contain this aggravating circumstance its wording is identical: «murder of two and more persons», as well as in paragraph 1 of part two of article 115 of the criminal code of Ukraine. This rule provides that deprivation of life of these individuals ohoplyuvalos single intent of the perpetrator. For this training no matter what the motive was guided by the perpetrator and whether he was the same when the deprivation of life of each of the victims. The presence of a time gap in the implementation of the single intent to kill two or more persons the values for the classification of the crime under paragraph 1 of article 115 of the criminal code of Ukraine has not.In judicial practice of countries that have a double murder as aggravating circumstance, the question arose about how to qualify simultaneous murder of one person and the attempted murder of another. In its decision determined different positions. Is the predominant view that loss of life of one person and the attempted murder of another do not form of this aggravating circumstance and require qualification on set of crimes of the first or the corresponding paragraph of part two of article 115 and article 15 and paragraph 1 of part two of article 115 of the criminal code of Ukraine. Thus, the first part of the crime reflects the fact of deprivation of life of one of the victims, and the second attempt at a premeditated murder of several people. Although the position is not perfect, but is supported by most of the domestic scholars and practitioners.