EXTRA CRUELTY AS A SIGN OF THE COMPOSITION OF A CRIMINAL OFFENSE (THEORETICAL AND PRACTICAL ASPECT)

Анотація

Introduction. The article highlights the criminal law, criminological and psychological problems of extra cruelty as a way of committing criminal offenses. Solving these problems is essential for qualifying the actions of guilty persons, assigning them a criminal punishment, taking into account both the act itself and the individuality of the guilty person, and developing measures for the individual prevention of criminal offenses that are characterized by a particularly brutal way of committing them. Brief summary of the main results of the study. It is emphasized that extra cruelty is a complex phenomenon characterized by criminal-legal, criminological and psychological content. Each of these components is important for the correct qualification of the actions of guilty persons, the appointment of the latter criminal punishment and the development of measures for the individual prevention of criminal offenses with signs of extra cruelty. It is noted that extra cruelty as a method of committing a criminal offense should be investigated through the prism of criminal physical or mental violence, as a socially dangerous act that characterizes the objective side of the criminal offense. It is concluded that the criminal-legal assessment of extra cruelty should not be limited only to its objective signs. It is mandatory to establish such subjective features as guilt, motive, purpose, emotional state of a person at the time of committing a criminal offense. At the same time, the perception of the guilty person's actions by the victim or other persons (feeling of physical or mental suffering) is also important. Based on the study of criminal offenses with signs of extra cruelty, a classification of extra cruelty was carried out on a complex basis. It is noted that the investigation of the personality of the subject who committed a criminal offense with signs of extra cruelty will allow to carry out the correct qualification of his actions, to assign an appropriate criminal punishment or other measures of a criminal-legal nature, and in the future to implement adequate measures for the individual prevention of similar criminal offenses in the future. Conclusion. The conclusion that extra cruelty as a circumstance aggravating punishment and a direct sign of the objective side of certain criminal offenses is precisely the way of their commission, i.e. their external manifestation, is substantiated. At the same time, for the correct qualification of the actions of guilty persons, the imposition of a fair criminal punishment by the latter, it is necessary to establish the subjective signs of such actions and individual signs and characteristics of the guilty person. Only this approach will make it possible to implement proper criminal-legal, criminological and psychological protection against criminal offenses with signs of extra cruelty. The classification of extra cruelty as a way of committing a criminal offense on the basis of the complex basis presented in the work will have both theoretical and important practical significance for the activities of law enforcement agencies.

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