SOME ISSUES OF IMPROVING THE NORMS OF RESPONSIBILITY FOR PREMEDITATED MURDER UNDER EXTENUATING CIRCUMSTANCES PROVIDED FOR BY CRIMINAL LAW

Аннотация

In this article, the author highlighted some issues of improving the norms of criminal legislation providing for liability for premeditated murder in cases of mitigation of responsibility, as well as their features. Any person, as the author notes, has the right to the necessary capture of a criminal, regardless of the possibility of evading his capture or the opportunity to seek help from other people or the authorities. In cases specifically provided for by law, a person is obliged to carry out such a catch. Failure to fulfill such an obligation entails criminal liability in cases established by law. According to the article, the institution of criminal justice for premeditated murder under extenuating circumstances is still a subject of discussion from the point of view of the theoretical justification of the features of criminal justice, causing many questions and contradictions in the field of law enforcement practice. Therefore, the problems that exist today require the development of practical recommendations for scientific and analytical generalization and the establishment of uniformity in the application of legislation. According to the author, article 99 of the Criminal Code establishes the time of the commission of the crime, but leaves open such issues as the mental state of the mother at the time of the commission of the crime, the motive and the time of taking the oath. According to this rule, if the crime was committed at the time of the absolutely normal state of mind of the mother or as a result of external influences that do not have a negative impact on the mother's psyche due to an earlier thought, then it is necessary to qualify the crime under Article 99 of the Criminal Code due to the fact that the person who committed the crime was the principle of justice and the general basis for the imposition of punishment. Therefore, it is proposed to adopt article 99 of the LC in a new edition.