Separate elements of the event of a criminal offense to be ascertained at the initial stage of the investigation of murders committed with particular cruelty

In the article, on the basis of a systematic analysis of the norms of current criminal, civil and criminal procedural legislation, scientific sources on criminology, criminal and criminal procedural law, forensic medicine and other sciences, as well as on the basis of a systematic analysis of investigative and judicial practice of investigation and trial of criminal proceedings on murders committed with extreme cruelty, the circumstances to be proven in the above-mentioned criminal proceedings, as well as circumstances related to the event of a criminal offense, which must be clarified at the initial stage of the investigation of murders with extreme cruelty, are determined. It was determined that such circumstances, in addition to the method of committing the crime in the broad sense, which includes the preparation, mechanism and concealment of the traces of the crime, are the time of the commission of the crime, its duration, the place of the commission of the crime, circumstances indicating that the criminal was aware that he inflicts special physical suffering on the victim by inflicting a large number of bodily injuries, torture, mutilation, torture, including using fire, electricity, acid, alkali, radioactive substances, poison that causes excruciating pain, etc.), and must also be ascertained and proven fact of awareness by the guilty person (criminal) that he is causing mental or moral suffering to the victim. In the article, an attempt was made to reveal the meaning of the above-mentioned concepts, namely, a large number of bodily injuries, torture, mutilation, torture, mental and moral suffering. Proposed procedural measures (investigative (research) actions, forensic examinations), and forensic methods that should be carried out at the initial stage of the investigation and as a result of which these circumstances can be clarified with a high degree of probability. It was concluded that since we are talking about a particularly serious crime, all the qualifying features of this act should be clearly defined and established in the law on criminal responsibility.

Authors

Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-09-01
DOI
https://doi.org/10.24144/2307-3322.2024.83.3.35
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Separate elements of the event of a criminal offense to be ascertained at the initial stage of the investigation of murders committed with particular cruelty

N. M. Isahova
Uzhhorod National University Herald Series Law
Ukrainian Legal and Forensic Studies
article

Separate elements of the event of a criminal offense to be ascertained at the initial stage of the investigation of murders committed with particular cruelty

N. M. Isahova
article en

Abstract

In the article, on the basis of a systematic analysis of the norms of current criminal, civil and criminal procedural legislation, scientific sources on criminology, criminal and criminal procedural law, forensic medicine and other sciences, as well as on the basis of a systematic analysis of investigative and judicial practice of investigation and trial of criminal proceedings on murders committed with extreme cruelty, the circumstances to be proven in the above-mentioned criminal proceedings, as well as circumstances related to the event of a criminal offense, which must be clarified at the initial stage of the investigation of murders with extreme cruelty, are determined. It was determined that such circumstances, in addition to the method of committing the crime in the broad sense, which includes the preparation, mechanism and concealment of the traces of the crime, are the time of the commission of the crime, its duration, the place of the commission of the crime, circumstances indicating that the criminal was aware that he inflicts special physical suffering on the victim by inflicting a large number of bodily injuries, torture, mutilation, torture, including using fire, electricity, acid, alkali, radioactive substances, poison that causes excruciating pain, etc.), and must also be ascertained and proven fact of awareness by the guilty person (criminal) that he is causing mental or moral suffering to the victim. In the article, an attempt was made to reveal the meaning of the above-mentioned concepts, namely, a large number of bodily injuries, torture, mutilation, torture, mental and moral suffering. Proposed procedural measures (investigative (research) actions, forensic examinations), and forensic methods that should be carried out at the initial stage of the investigation and as a result of which these circumstances can be clarified with a high degree of probability. It was concluded that since we are talking about a particularly serious crime, all the qualifying features of this act should be clearly defined and established in the law on criminal responsibility.

Uzhhorod National University Herald Series LawVol. 3(83)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Ukrainian Legal and Forensic Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.