Пенитенциарная наука (Jun 2023)
Data constituting the forensic characteristic of convicts’ intentional infliction of harm to life and health and their correlations
Abstract
Introduction: the article considers key data constituting the forensic characteristic of convicts’ intentional infliction of harm to life and health (articles 105, 111, 112 and 115 of the Criminal Code of the Russian Federation) in places of deprivation of liberty and their correlation. Purpose: based on the analysis and generalization of theoretical and practical materials, to formulate the most characteristic set of data that make up the forensic characteristic of these acts, as well as disclose their content. Methods: generalization, comparison, analogy, concretization, abstraction, as well as statistical and content analysis, and comparative legal research methods. Results: the article presents the percentage composition of various forensic data that help develop methodological recommendations for investigation and the practice of disclosure and investigation of crimes. The article shows how illegal actions are carried out without and with the use of means of committing crimes found at the scene of interpersonal conflict of convicts. A combined method presupposes the use of both physical strength of a person and instruments of harming life and health. Considering components of the method of committing crimes, the authors pay attention to correlations that help establish various circumstances of the crime commission. In particular, the authors express an opinion that in places of deprivation of liberty unofficial norms of behavior of convicts act as a general correlation of the commission of crimes against the person, including those that are the subject of this study. It is those cases when convicts relying on specific conditions and the contingent prepare devices to cause harm to life and health in advance, as if just in case, to stand up for themselves and respond to possible insults using such an object. The article clearly identifies the correlation between the crime scene and means and methods of the crime commission, as well as the correlation between the time and the crime scene. Conclusion: based on the available research, the authors’ own ideas on these issues are substantiated.
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