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§ 1. Efficiency of punishments for murder

Choice of criterion for an estimation of efficiency of punishment under criminal law for murder (as well as for other violent crimes against the person, provided gl. 16 UK the Russian Federation) is represented simple enough — than is less made murders, punishment under criminal law is especially effective.

From the point of view of the criminal statistics to it can testify kolicheyostvo the registered murders and their dynamics. However recently there were the researches which authors call into question given ugolovyonoj statisticans and declare, that the real quantity of such crimes in times exceeds official данные1.

Thus, the problem essentially becomes complicated: it is necessary dopolniyotelno to analyse data containing in theoretical works on the size of a latent component of murders and to find out, in what measure the criminal statistics reflects real dynamics of this crime.

One of the most scale researches of latent crime is carried out by a group of authors of scientific research institute of Academy General prokuratuyory the Russian Federation under a management With. M.Inshakova [341 [342]. In mass media separate results of this research were shined under bright zagolovkayomi, discrediting law-enforcement system Russian FederaYOtsii [343]. We were especially interested by level estimations latentnosti encroachments proyo
tiv a life and the health, stated in this work as authors not only call into question reliability of data of the statistical account, but also directly declare practice of mass concealment of murders in the Ministry of Internal Affairs of Russia. In tab. 4 vosyoproizvedeny the results of an estimation resulted in the monography latentnosti this kind преступлений1 '

Table 4

Dynamics of the registered, latent and actual crimes provided by item 105 UK the Russian Federation (by data With. M.Inshakova)

Quantity prestupleyony, thousand / years 2002 2003 2004 2005 2006 2007 2008 2009
The registered 31,579 30,959 30,994 30,362 27,039 21,896 19,740 17,414
The latent 8,4 8,9 8,8 9,3 12,7 17,7 19,7 21,8
The actual 40,0 39,9 39,8 39,7 39,7 39,6 39,4 39,2

On the basis of data corresponding schedules are constructed of tab. 4 (fig. 17).

From the schedule on fig. 17 follows, that since 2005 process uvelicheyonija level latentnosti a considered crime begins.

Actual dinamiyoka murders it is characterised, unlike presented to the statistican of the Ministry of Internal Affairs of Russia, the extremely insignificant decrease within statistical pogreshyonosti. Thus, the research spent under a management With. M.In-shakova, denies presence of the positive tendency in the given area.

However, there are bases to believe, that the mathematical model used by collective With. M.Inshakova at a level estimation latentnosti crimes, is not absolutely correct [344 [345] [346]. In particular, as its authors, the factor write
nyj the analysis has shown, that «from 2001 on 2009 dynamics social javyoleny, determining murders, in our country was negative. Differently, kriminogennaja the situation continuously worsened» [347] '

Fig. 17. Quantity of the registered, latent murders and actual quantity of the murders provided by item 105 UK the Russian Federation (by data With. M.Inshakova)

We categorically cannot agree with such negative estimation of the sociopolitical changes occurring in the beginning of 2000th, and schiyotaem its mismatching validity. Authors in the estimations not uchiyotyvajut such major for the event country, as the termination fighting dejyostvy and separatism bridling in the North Caucasus these years, predotvrashcheyonie country disintegration, government strengthening, considerable uluchsheyonie an economic situation and a population standard of living, loss organizovanyonoj control criminality over the largest subjects economic deyojatelnosti etc.

Fortunately, the conclusions made authors, prezjumirujushchimi deterioration kriminogennoj conditions, can be checked up numerical methods. poyolagaem, that one of ways of verification is comparison koeffitsienyotov correlations between indicators of dynamics of separate kinds of crimes,
Conditionally named us interdependent, taken from official statistiyoki the Ministry of Internal Affairs of Russia and estimated on the basis of mathematical modelling.

Recently there was a research in which presence korreljayotsionnoj is shown dependence between a condition separate, similar on the prichiyonam, crimes — between murders and deliberate causing of heavy harm to health, robberies and robberies and t. д.1

We have assumed, that should exist similar korreljatsionyonaja dependence between dynamics of murders and the murders made at preyovyshenii of limits of the justifiable defence (item 108 UK the Russian Federation). Also it is possible predyopolozhit existence of such dependence between dynamics of the crimes provided by item 108 and 111 UK Russian Federation [348 [349]. The given hypothesis is based on predpoloyozhenii, that sometimes victims at encroachments for their life and health offer resistance, which comes to an end with death of the attacking. In rjayode cases the defending exceed justifiable defence limits.

With growth of number of criminal trespasses for a life and health it is reasonable to expect and increases in number of excesses of requirements of justifiable defence, that at statistically significant quantity of attacks (ten thousand) it should be shown in correlation of numbers of the data characterising corresponding crimes.

According to the statistical reporting of the Ministry of Internal Affairs of Russia (f. 493), diyonamika the registered murders (item 105 UK the Russian Federation), deliberate prichineyonija heavy harm to health (item 111 UK the Russian Federation) and murders at excess predeyolov the justifiable defence (item 108 UK the Russian Federation) is characterised by the indicators presented to tab. 5 and on fig. 18.

Table 5

Quantity of crimes against person (data of the Ministry of Internal Affairs of Russia) [350]

Item UK / year 2002 2003 2004 2005 2006 2007 2008 2009 2010
105 31579 30959 30994 30362 27039 21896 19740 17414 15324
111 58469 57087 57352 57863 51429 47348 45436 43112 39745
108 628 701 656 597 509 532 490 483 473

24000 -

20000

16000

45000

40000

I 2003

I

2004

I

2005

I 2007

750 | -

700 -

650

600 -

550 -

500 -

450 — 2002

................

...

_ |

2006

2008 2009 2010

32000

28000

12000 —

2002

_I

2010

50000

35000 —

2002

I

2010

2003

2004

2005

2006

2007

2008

2009

boooou

55000 -

ITEM 111 UKRF

2003

2004

2005

2006

2007

2008

2009

Fig. 18. Quantity of the crimes provided by item 105, 111 and 108

UK the Russian Federation according to the Ministry of Internal Affairs of the Russian Federation

For correlation stock-taking between numbers of data about prestupleniyojah, provided items 105 UK the Russian Federation and 108 UK the Russian Federation, and also item 111 UK the Russian Federation and 108 UK the Russian Federation, the factor of correlation Pirsona/2 is used.

For the crimes provided by item 105 and 108 UK Russian Federation, its value it is equal 0,878, that testifies to strong correlation dependence and, in general, confirms our assumption. For the numbers formed by data about crimes, provided items 111 and 108 UK the Russian Federation, this communication even more

Close — 0,885.

Similar comparison of actual number of crimes, poluchenyonogo collective of the professor With. M.Inshakova (tab. 6 and fig. 19) gives other picture. Value/2 for the crimes provided by item 105 and 108 UK Russian Federation, equally minus 0,596 while for item 111 and 108 UK the Russian Federation the factor is very high (0,925).

Table 6

Actual quantity of crimes against person

(According to S.M.Inshakova) 7

Item UK / year 2002 2003 2004 2005 2006 2007 2008 2009
105 40000 39300 39800 39700 39700 39600 39400 39200
111 76000 80000 80300 81000 82300 85200 90900 94900
108 750 770 780 850 870 900 930 960

Thus, if to start with the model offered by employees of scientific research institute of the State Office of Public Prosecutor murders under item 105 and 108 UK the Russian Federations not only not korreyolirujut among themselves, but also show raznonapravlennoe movement.

In the official statistics of murder under item 105 UK the Russian Federation and deliberate causing of heavy harm to health have similar dynamics that speak similarity a determinant of both kinds of crimes. However in model With. By M.Inshakova are observed raznonapravlennye tendencies by these kinds prestupyoleny, and since 2007 the model shows sharp growth of number preyostupleny, provided items 111 UK the Russian Federation which reasons are absolutely not clear.

If the assumption of correlation dependence between prestupleniyojami, provided items 105, 111 and 108 UK the Russian Federation truly should korreliroyovat and data about the actual quantity of these crimes calculated adjusted for latentnost. An available divergence in results, it is received -

1 See: Theoretical bases of research and the latent crime analysis / Insha - kov With. M, Korsantija A. A, Maksimenko I. V, etc. M, 2011. With. 121, 127, 133.

nyh collective With. M.Inshakova, can be explained several sposoyobami:

1. The actual situation with murders is worse, than that which follows from results With. M.Inshakova, actually, takes place not decrease in their number, and fast enough growth.

Fig. 19. Actual quantity of the crimes provided by the item 105,111и108УКРФ, by data With. M.Inshakova

2. Data about actual quantity of the crimes provided by item 111 and 108 UK Russian Federation, received With. M.Inshakovym, are incorrect and should be reviewed aside their considerable decrease.

3. Results of an estimation of actual quantity (with the account latentnosti) both under item 111 and 108, and under item 105 UK the Russian Federation [351] require correction.

We believe, that there are bases to prefer last explanation. In kacheyostve acknowledgement it suggested to consider 20 data represented on fig. on dynamics saumoubijstv and the murders, resulted in article E. G.Ermolaevoj «the Suicide and criminality among social deviations in Russia» 1. In sootvetyostvii with them curve quantities of suicides and murders behave equally. Considering, that data on murders and suicides are received from various sources, it is possible to approve with confidence, that similar behaviour sootyovetstvujushchih schedules not casually. E.G. Yermolaev explains it nayolichiem the general similar factors of murders and suicides.


Fig. 20. Quantity of suicides and murders (attempts at murder) vrossii in 1986-2005 (according to E. G.Ermolaevoj)

The decrease in number of the suicides designated by 2005, repeated by a curve of murders, contradicts conclusions of collective With. M.Inshakova about uveliyochenii since 2005 of number of the latent murders, generated ostensibly practice of their mass concealment of the Ministry of Internal Affairs of Russia [352 [353]. Would be silly to deny, that any part of murders is not considered by statistics, including, as a result zlonamerennoyosti separate employees, however there are doubts in scales, pripisyyovaemyh separate researchers to this phenomenon.

G E.G. Ermolaevoj testify to stability latent soyostavljajushchej in the general number of murders at which actual dynamics of murders repeats their dynamics in the official statistics.

Raises the doubts and other argument which authors anayoliziruemoj use works: they interpret growth of number of messages on murders as acknowledgement of growth of actual number of murders (tab. 7 and fig. 21). VmeYOste with that they in any way do not explain zigzag behaviour of a curve, harakteyorizujushchej this indicator in 2007-2009 though in the same work there is such interpretation: «...zigzagoobraznaja a line of the schedule of changes zaregistriyorovannoj criminality... Is, most likely, reflexion of those or others inyoteresov the departments, keeping account criminality» 1.


Table 7

Quantity of murders and messages on murders

(By data With. M.Inshakova) [354 [355]

Years 2001 2002 2003 2004 2005 2006 2007 2008 2009
Kol-in messages on murders 14183 18041 24586 15794 15793 25545 64809 34069 45131
It is registered item 105-108 murders 34247 32929 32342 32213 31451 27977 22767 20546 18164

Fig. 21. Quantity of murders and messages on murders

(podannyms.m.inshakova)

It is represented fair to extend this statement and on poyovedenie to a curve of messages on murders which can be interpretirovayono as reflexion of interests of the Office of Public Prosecutor connected, for example, with ogranicheniyoem of supervising powers behind a consequence in connection with entering of respective alterations in UPK the Russian Federation. Accordingly to consider data on quantity soyoobshcheny about murders as acknowledgement of conclusions on growth latentnosti murders not quite correctly.


It is impossible to agree and with other argument: growth of number of the neolearnt corpses in 2001-2009 гг.1рассматривается as acknowledgement of conclusions on an actual condition of murders. However it is thus ignored, that data of the Ministry of Internal Affairs include quantity of the corpses who have been found out for the accounting period, and also as it follows from the answer received by us to inquiry in FKU «GIATS the Ministry of Internal Affairs of Russia», all ostayotok affairs on the neolearnt corpses taking into account the neoterminated affairs last years [356 [357]. Thus, to approve, that in 2009 it was revealed 77 937 neopoznanyonyh corpses [358], it is incorrect, as this figure includes a considerable file of the corpses registered last years. Therefore the analysis of a gain of this indicator will be more informative.

Apparently from tab. 8 and the schedule on fig. 22, a gain of number of the neolearnt corpses it will be adjusted with official statistics of murders. The factor korreyoljatsii between numbers of these indicators is very high — 0,896. It means, that the statistics of the Ministry of Internal Affairs of Russia on murders as a whole adequately enough reflects a situation. At least, it is possible to approve, that considerable growth layotentnosti murders does not occur.

Authors of analyzed work do not make comments on a considerable gain of the neolearnt corpses during the period with 2002 for 2009 It is represented, that it is connected
With carrying out of counterterrorist operation (WHO) in the North Caucasus in which course the considerable number of the disfigured bodies was found out, corpses of foreign mercenaries. With the termination of a mode WHO in 2009 is good koryoreliruet and sharp decrease in a gain of number of the neolearnt corpses.

So, the research carried out by us does not confirm conclusions about vysoyokom level latentnosti murders. Though it is quite possible to admit, that opreyodelennaja the part of such crimes disappears, masks under samoubijyo

stva or remains unknown to law enforcement bodies.

Table 8

Data on number of the neolearnt corpses for 2001-2013

Years 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
neopozn.

Corpses

37923 42022 48550 56424 64589 71792 75806 76735 77937 74793 71159 67367 62723
Gain 4099 6528 7874 8165 7203 4014 929 1202 -3144 -3634 -3792 -4644
Item 105 UK 31579 30959 30994 30362 27039 21896 19740 17414 15324 14305 13265 12361

Fig. 22. Number of the neolearnt corpses, a gain of number neolearnt truyopov and kolichestvoubijstv (according to the Ministry of Internal Affairs of the Russian Federation)

Employees of scientific research institute of Academy of the State Office of Public Prosecutor of Russia spend the big work on revealing of such crimes by the analysis big koyolichestva decisions about refusal in excitation of criminal cases on the facts of death of people [359]. In one of researches the conclusion that periodicheyo becomes
skie criminality fluctuations, including fluctuation of number of murders, objasnjayojutsja recurrence of their practice сокрытия1. However any proofs by them it was not resulted, and in our research of corresponding certificates it is not revealed. Therefore it is necessary to recognise that official statiyostika reflects real dynamics of murders.

In the literature the attention that a part of murders kvalifitsiyoruetsja as deliberate causing of heavy harm to the health, entailed on neyoostorozhnosti the death of the victim, besides, decrease in number of attempts at murder can be reached at the expense of qualification corresponding dejayony under item 111 UK the Russian Federation [360 [361] was paid.

In the course of search of signs of possible manipulations with data ugoyolovnoj statisticans, we had been paid attention that relative density osuyozhdennyh for fulfilment of the crimes provided by separate parts of one article UK the Russian Federation, remains identical throughout a number of years. Differently, the quantity of made crimes can vary in due course, but the structure condemned for their fulfilment remains stable. Such situayotsija takes place with the persons involved in the criminal liability on ch. 2 items 105 UK the Russian Federation (within 2009-2014 their relative density in a lump osuyozhdennyh under given article constituted 20 ±1 %), ch. 4 items 162 UK the Russian Federation (7,5 ±0,5 %), ch. 2 items 318 UK the Russian Federation (13,4 ±0,8 %) [362]. The In itself given phenomenon is surprising: it shows the fundamental contours inherent in various kinds of crimes, and deserves special research. Us in data sluyochae interests that a situation with ch. 4 items 111 UK the Russian Federation essentially other. From 2009 for 2012 relative density condemned for corresponding preyo
stuplenie has decreased almost on 5 % (with 30,2 to 25,8 %), that in times exceeds koleyobanija structures of other crimes condemned for fulfilment. In 2012­2015 this indicator was stabilised (25,5 ±0,3 %). Unfortunately, otkryyotoj statisticans by quantity condemned on ch. 4 items 111 UK the Russian Federation for the period previous 2009, are not available, on what the attention in ли­тературе1 was already paid. But even available data allow to assume, that sharp decrease in relative density condemned on ch. 4 items 111 UK the Russian Federation can be svideyotelstvom concealments of a part of murders under the pretext of deliberate causing tjazhkoyogo the harm to the health which has entailed on imprudence death of the victim. In poyosledujushchie two years relative density condemned on ch. 4 items 111 UK the Russian Federation in a lump of the condemned has continued to decrease: to 24,6 % in 2016 and to 23,2 % in 2017, has decreased as well absolute number condemned on ch. 4 items 111 UK the Russian Federation — to 6 204 and 5 283 persons accordingly.

We had been undertook attempt to estimate number of the murders hidden from registration by a training for a new profession on ch. 4 items 111 UK the Russian Federation.

We believe, that statistical data for 2009, that is the first year when there were in the open statistics of data about osuyozhdennyh with breakdown by separate parts of all articles UK Russian Federations [363 [364] can become a reference point. If to recognise that relative density condemned on ch. 4 items 111 UK the Russian Federation in weight osuzhdenyonyh should constitute 25 % (an indicator of last 3 years), at the general chisyolennosti condemned under item 111 UK the Russian Federation in 2009 in 35 993 persons, quantity made accountable on ch. 4 items 111 UK should constitute the Russian Federation 8 998. However according to the report on f. 10.3 judicial departments at the Supreme Court of the Russian Federation, number of such condemned were equal 10 856. The difference intermeal the considered and expected quantity condemned under this article, sostavivyoshaja 1 858 persons, also will characterise quantity of the murders hidden from
Registration by qualification of corresponding acts on ch. 4 items 111 UK the Russian Federation (a rough assumption will not believe, that each of these condemned has made one murder).

According to statistical data of the Ministry of Internal Affairs of Russia, in 2009 it has been registered 17 681 murders. Taking into account calculated assumed koyolichestva the latent murders disguised under crimes, predusmotyorennye ch. 4 items 111 UK should constitute the Russian Federation, their actual quantity 19 539, and level latentnosti murders has constituted 10,5 %. Certainly, fakticheyosky level latentnosti murders will be a little above. However available data allow to say that statements about repeated understating by law enforcement bodies of number of made murders have under soyoboj no actual basis. At least, openings with which help it is possible to hide regularly throughout long time from the public 20, 30 thousand (or even it is more) murders in a year, are not known.

Taking into account that relative density condemned on ch. 4 items 111 UK the Russian Federation in masyose condemned under given article in comparison with 2009 has decreased, it is possible zayokljuchit, that there was also a level latentnosti the murders hidden in a similar way more low.

For our research special interest represents a question on, how masking of murders by their qualification on ch. 4 items 111 UK the Russian Federation are reflected in efficiency of precautionary influence ugolovyonogo punishments in sphere of protection of a life of citizens.

At the analysis of data of the criminal statistics attracts attention similarity of murders and deliberate causing of heavy harm to health on mnoyogim to signs. In particular, distribution on age of persons, soyovershivshih the given crimes is rather similar. On this indicator of an encroachment against a life essentially differ from the most widespread mercenary preyostupleny; relative density of women is almost equal in weight condemned under item 105 and 111 (they to this sign are adjoined by thefts, however under item 158 UK the Russian Federation
Relative density of youth among condemned above); relative density of the persons who have committed given crimes in a condition of alcoholic intoxication (71 and 68 % accordingly) is identical. On this indicator of item 105 and 111 the Russian Federations are close to item 131 UK and essentially differ from profit-motivated crimes.

The relationship of qualitative and quantitative characteristics of the persons condemned for murder and deliberate causing of heavy harm to health, assumes not only a generality of the reasons and conditions of these crimes, but also identical vozyodejstvie which renders punishment under criminal law as on the persons already committing such crimes, and on inclined to their fulfilment. In this connection the estimation of efficiency of punishment under criminal law for murderers most likely will be spravedliyovoj and for the persons condemned under item 111 UK the Russian Federation.

On fig. 23 data on quantity of crimes, predusmotyorennyh item 105, 111 UK the Russian Federation, and also a curve reflecting total quantity of these crimes are displayed. Last is necessary to level vozdejyostvie on statistics of the murders masked on ch. 4 items 111 UK the Russian Federation.

Fig. 23. Data on quantity of the crimes provided by item 105 and 111 UK Russian Federation

Apparently from the schedule, murders and deliberate causing heavy vreyoda to health possess similar dynamics and since 2005 show gradual decrease. The total quantity of given prestupyo decreases also
leny, that testifies to high degree precautionary vozdejyostvija punishment under criminal law on these crimes in modern conditions.

The crimes provided by item 105 and 111 UK Russian Federation, differ on structure of relapse from other encroachments, including from deliberate causing of average weight of harm to health. In particular, in a lump osuyozhdennyh under these articles relative density of the persons who have committed crimes at expecially dangerous relapse, constitutes, accordingly, 6,9 and 3 %. With the account poloyozheny the item ch. 3 items 18 UK the Russian Federation murder will be recognised by made at osoyobo dangerous relapse if earlier such person two times has been condemned for soveryoshenie grave crime or once — for fulfilment especially heavy. TaYOkim in the image, from 7 % of the murderers who have committed a crime at expecially dangerous reyotsidive, a share of those who and made earlier murders will be even less.

We believe, that the reason of low level of special relapse under item 105 UK the Russian Federation consists not in quality of corrective influence, and in long terms of imprisonment. On fig. 24 data on the terms of imprisonment appointed for murders and deliberate causing of heavy harm to health are resulted. Apparently from the schedule, under item 105 UK the Russian Federation the most widespread is punishment in the form of imprisonment for the term from 5 till 8 years [365], is hardly more rare — from 8 till 10 years. Similar distribution is characteristic and for punishments, naznachaeyomyh condemned on ch. 4 items 111 UK the Russian Federation. Therefore from the point of view preduprezhdeyonija concealment of murders by their qualification on ch. 4 items 111 UK situation essentially do not worsen the Russian Federation. From a position of "simplification of the fate» erroneous qualification is favourable to the persons who have committed crimes, provided ch. 2 items 105 UK the Russian Federation. For example, at repeated murder which could be qualified under the item « And »ch. 2 items 105 UK the Russian Federation, erroneous application ch. 4 items 111 UK the Russian Federation essentially are facilitated by a fate of the condemned.

Fig. 24. The sizes of punishments in the form of imprisonment under item 105 and 111 UK the Russian Federation (2017).

From the point of view of the prevention of crimes, observable decrease in number of murders and deliberate causing of heavy harm to health at otsutyostvii proofs of mass concealment of such crimes testifies that punishment for the term up to 10 years of imprisonment is capable to prevent new crimes effectively. We believe, that is not casual in UK RSFSR the top limit of punishment in the form of imprisonment for the qualified murder was equal to 15 years, and for second-degree murder — to 10 years. In the conditions of a healthy society such terms of imprisonment are represented quite doyostatochnymi for realisation of the purposes of the prevention of crimes.

Studying of the criminal cases initiated in various regions of the country on ch. 4 items 111 UK the Russian Federation, have shown one more possible motive of a training for a new profession of the murders provided ch. 2 items 105 UK the Russian Federation, on ch. 4 items 111 UK the Russian Federation. We believe, that in cases of investigation of the crimes made by organised groups or criminal societies, similar transition in qualification can act as an element of the original transaction between a consequence and obvinjaeyomymi. The last, fearing possible punishment in the form of lifelong lisheyonija freedom for murder, inform a consequence the facts of other crimes made by corresponding groups known for it. An example podobnoyogo sorts is criminal case concerning the participant criminal soobshcheyostva Solodkova, recognised guilty of fulfilment of crimes, preduyosmotrennyh ch. 2 items 210 UK the Russian Federation, the item ch. 2 items 105 UK the Russian Federation (in edition from 13.06.1996 № 64-FZ), ch. 4 items 111 UK the Russian Federation (in edition 07.03.2011 № 26-FZ), the item « And »ч.3 item 163 UK the Russian Federation (in edition from 08.12.2003 № 162-FZ), the item"and"ch. 3 items 163 UK the Russian Federation, the item"and"ch. 3 items 163 UK the Russian Federation (in edition from 08.12.2003 № 162-FZ), the item"and"ch. 3 items 163 UK the Russian Federation, the item"and"ch. 3 items 163 UK the Russian Federation, the item"and"ч.3 item 163 UK the Russian Federation, the item"and"ч.3 item 163 UK the Russian Federation, the item« and "," »ch. 3 items 163 UK the Russian Federation [366].


In the given case the episode with causing of heavy harm zdoroyovju, entailed on imprudence death of the victim is interesting to us. The head soobyoshchestva, having received the information that citizen G has charged it to kill, has given the task to participants of community «to be prepared for beating G» (formulirovyoka from a sentence). Further in a sentence the beating scene is described as follows:

«28.05.2003 in time from 16 o'clock till 21 o'clock 15 minutes, having armed with wooden bits in advance prepared by person S, pieces armatuyory and wooden toporishchem, using these subjects as the weapon, transferring them each other, have put G plural blows with considerable siyoloj the specified subjects, the hands compressed in fists, and the feet put in footwear, on a head, a body and finitenesses G and have caused sustained physical injuries in a kind sochetannoj a stupid trauma: extensive razmozzheny mjagyokih fabrics of a back, a waist, buttocks, the top and bottom finitenesses, otkryyotogo splintered crisis of the top third right bolshebertsovoj bones, zayokrytogo splintered crisis of an average third of right elbow bone, zayokrytogo crisis of the first pjastnoj bones of the right brush, traumatic shoyoka, concerning a category done heavy harm to health, on the basis of danger to a life from which 02.06.2003 there has come death G in to the price
tralnoj to regional hospital as a result of a hypostasis of a brain and lungs, as consequences sochetannoj a stupid trauma. »

Apparently from the resulted fragment of a sentence, beating lasted boyolee five hours, and force of wooden bats put with use and rods of armature of blows was that, that bones of the victim were split up in small kroshevo. However the come death of the victim, in opinion of court, became result of "self-confidence" guilty, for some reason believing, that after such ekzekutsii the victim can survive. In particular, in a sentence absence at Solodkova intention on murder is proved by the following:

«At causing of heavy harm to health G.Solodkov And. V, being a member of the organised group, was guided by motive of the leader of group — persons For which, wishing to expand sphere of the influence, using poluchenyonymi data that G wishes to make its murder, has accepted resheyonie to harm its health. Thus all members of the organised group, including Solodkov A. V, operated with the express intent on causing of heavy harm to health of the victim, to it testifies mnozheyostvennost and localisation of physical injuries, use thus subjects, at this Solodkov A. V, as well as other participants of a crime, realised, that from their actions there can come death of the victim, odyonako self-confidently believed, that from their actions these consequences not nastuyopjat...».

We believe, that unique circumstance which spodviglo the court on such estimation of fault, is the pre-judicial cooperation agreement, kotoyoroe has concluded with consequence Solodkov therefore appointed to it nakayozanie has constituted quite tolerant for such heavy set prestupleyony 8 years of imprisonment.

Open there is a question on efficiency of a death penalty for murders at aggravating circumstances. For the clear reasons to estimate effektivyonost the given measure it is not obviously possible. At the same time follows otmeyo
tit, that the given kind of punishment in modern conditions represents, more likely, the symbolical certificate, which value consists in unity demonstration gosuyodarstva and the people. The reverse of the medal consists that renewal of practice of application of the given kind of punishments will generate temptation to extend it and to other crimes. At least, in history domestic ugoyolovnogo legislations it was so.

Summing up, it is possible to draw following conclusions:

1. Now the punishments appointed for murders, it is possible oharakyoterizovat as effective. To it testify: decrease in number of murders at a stable latent component of this kind of crimes; low level soyovershenija murders by the persons earlier condemned for similar crimes.

2. The indicator of concealment of a part of murders by their qualification on ch. 4 items 111 UK the Russian Federation are increase of relative density condemned on ch. 4 items 111 UK the Russian Federation above 25 % in a lump condemned under item 111 UK the Russian Federation. By our estimations, thus disappears to 10 % of murders. At the same time such training for a new profession is not reflected negayotivno in efficiency of precautionary influence of punishments under criminal law for murders.

3. Long terms of imprisonment (10-12 years) are effective as from the point of view of the general, and special prevention, for these terms it is necessary orientiyorovatsja for vessels at appointment of punishments for murders.

4. The lifelong imprisonment provided for murder at otjagchajuyoshchih circumstances, acts as not so much factor of the general prevention, how many the tool effectively forcing arrested persons of persons actively to co-operate with the investigation.

<< | >>
A source: Bytko Sergey Jurevich. EFFICIENCY of PRECAUTIONARY INFLUENCE of PUNISHMENT UNDER CRIMINAL LAW ON CRIMINALITY: THEORETICAL And APPLIED ASPECTS. The dissertation on competition of a scientific degree of the doctor of juridical science. Saratov - 2018. 2018

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  9. reflexion of archaic representations about murder in the book Life
  10. Otgranichenie evtanazii from murder of the person, nahodjashchegosjav the helpless condition, made with special cruelty and with a view of use of bodies or fabrics of sustained
  11. CHAPTER 3. CRIMINALLY-LEGAL ESTIMATION EVTANAZII AS VERSIONS of MURDER And OTGRANICHENIE FROM ADJACENT STRUCTURES of CRIMES