On the issue of the concept of a single continuous violent sexual crime

The subject of the research is the issue of identifying the key features of a single continuing violent sexual crime and its distinction from the aggregate of such crimes. The relevance of this issue is related to its controversial nature both in the doctrine of criminal law and in law enforcement. In this regard, such characteristics as identification of the act and of intent are considered, including in relation to violent sexual crimes. The attempt is made to resolve this problem taking into account the position of the Criminal Court of the Russian Federation as well as current trends in law enforcement practice. This issue is considered on the basis of a comparative-law and systemic analysis of the provisions of criminal law that establish criminal liability for sexual freedom crimes. During the analysis of the problem, the concept of a single continuing violent crime against sexual freedom has been developed, as well as criteria for distinguishing it from the similar crimes. The research has led to a reasonable conclusion that different sexual crimes should be grouped under one legal provision. This provision must include such qualifying key feature as committing such actions against two or more persons, regardless of their age. As a result of the conducted research, reasonable conclusions were made about the necessity of combining violent sexual crimes, currently provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, into one article of the Criminal Code of the Russian Federation and adding to it such a qualifying feature as the commission of these acts in relation to two or more victims, regardless of their age.

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Publication Details

Journal
Право и политика
Published
2024-12-01
DOI
https://doi.org/10.7256/2454-0706.2024.12.72497
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
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article

On the issue of the concept of a single continuous violent sexual crime

Natal'ya Veniaminovna Kachina, Anna Sergeevna Mironchik
Право и политика
Criminal Justice and Corrections Analysis
article

On the issue of the concept of a single continuous violent sexual crime

Natal'ya Veniaminovna Kachina, Anna Sergeevna Mironchik
article en

Abstract

The subject of the research is the issue of identifying the key features of a single continuing violent sexual crime and its distinction from the aggregate of such crimes. The relevance of this issue is related to its controversial nature both in the doctrine of criminal law and in law enforcement. In this regard, such characteristics as identification of the act and of intent are considered, including in relation to violent sexual crimes. The attempt is made to resolve this problem taking into account the position of the Criminal Court of the Russian Federation as well as current trends in law enforcement practice. This issue is considered on the basis of a comparative-law and systemic analysis of the provisions of criminal law that establish criminal liability for sexual freedom crimes. During the analysis of the problem, the concept of a single continuing violent crime against sexual freedom has been developed, as well as criteria for distinguishing it from the similar crimes. The research has led to a reasonable conclusion that different sexual crimes should be grouped under one legal provision. This provision must include such qualifying key feature as committing such actions against two or more persons, regardless of their age. As a result of the conducted research, reasonable conclusions were made about the necessity of combining violent sexual crimes, currently provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, into one article of the Criminal Code of the Russian Federation and adding to it such a qualifying feature as the commission of these acts in relation to two or more victims, regardless of their age.

Право и политика(12)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Criminal Justice and Corrections Analysis
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On the issue of the concept of a single continuous violent sexual crime — Natal'ya Veniaminovna Kachina, Anna Sergeevna Mironchik · Право и политика (2024) | TGRS Research Map | TGRS