Holigan incidents as an aggravating circumstance of criminal punishment
Subject of research: hooligan motives (motive) as a qualifying feature of a crime and an aggravating circumstance. Purpose of research: to justify the need to include the fact of committing a crime for hooligan motives in the list of circumstances aggravating punishment. Methods and objects of research: when conducting the research, general scientific and special scientific methods of cognition were used, which are mainly used in the humanities (legal) sciences: dialectical method, analysis, synthesis, formal-logical, systemic-structural, etc. The object of the research was social relations, which are formed when assessing the degree of public danger of a criminal act committed out of hooligan motives, for the subsequent imposition of a fair punishment for its commission. Main results of research: any crime committed with hooligan motives is characterized by an increased degree of public danger. If the corpus delicti does not include hooligan motives as a qualifying feature, then this motive must be taken into account when assigning punishment. The results of the study can be used for research in the field of means of differentiation and individualization of criminal liability.
Authors
- Valery F. Lapshin (ORCID: https://orcid.org/0000-0001-8549-6305)
- Natalya N. Kemova
Publication Details
- Journal
- Yugra State University Bulletin
- Published
- 2024-08-16
- DOI
- https://doi.org/10.18822/byusu20230417-26
- Primary Topic
- Regional Socio-Economic Development Trends
- Type
- article
- Field-Weighted Citation Impact
- 0.00