Убийство относится к наиболее тяжким crimes, because the consequences of it are irreparable. It always brings great grief and must be punished accordingly. In Russian legislation, murder means always deliberately depriving another person of life. In Ukraine, for example, a sign of intent is not an important sign of this crime. The article for murder in the Russian legislation is not one. Let's consider their specificity.
Чистый состав этого преступления предусматривает responsibility for the intentional deprivation of human life. That's the whole description of his objective side. It is not overloaded with additional details and circumstances. The norm imposing punishment for such murder is Article 105, part 1. It applies if there are no qualifying or mitigating circumstances. In other cases, a special one should be applied in relation to the general rate.
There are times when this already cynical crime is even more aggravated due to the presence of certain signs. Thus, Article 105 in Part 2 contains their list.
Responsibility for such actsreinforced. Consider, for example, a murder with particular cruelty. Article 105 fixed this socially dangerous act in paragraph "e" of Part 2. If a general crime provides for deprivation of liberty within the range of 6 to 15 years, higher qualification barriers, up to life imprisonment, are established for the qualifying composition.
In addition to aggravating circumstances, must be taken into account and mitigating.
If there is a liability for the crimeis significantly reduced. So, for example, there is a special article for the murder of a newborn baby, committed by the mother. During childbirth, a woman is exposed to extreme stress. Qualification occurs under this article only if there are such mandatory characteristics as time and situation. Murder in this case must be committed during the birth itself or immediately after them. In addition, it is important that the mother was in a psychotraumatic situation. The privileged composition also includes murder, which was committed in excess of the necessary defense or measures to detain the offender. In this case, the situation is also of considerable importance. And, finally, the last of such norms is an article for murder in a state of affect. In this case, it can be said that the person himself was pushed by the victim himself through systematic humiliation, violence and bullying.
