Qualification of murder with extreme cruelty: problems of law enforcement practice

Murder is a special socially dangerous crime that infringes on the most important human right - the right to life. The value of life is anchored internationally. At present, there are frequent cases of committing the considered in the presence of aggravating circumstances, for which more severe penalties are provided. This article examines one of the qualifying elements of murder - murder with extreme cruelty. The legal regulation of this crime, due to its particular cruelty, complicates the activities of law enforcement agencies. The sign of agony was identified as early as the 16th century, and was subsequently improved, however, as the qualifying composition was consolidated only in 1960. The study of the theoretical foundations of the crime in question made it possible to establish the ambiguity of the interpretation of the concept of "cruelty", which is also a problem of the side of law enforcement practice in the cases of this categories. Having analyzed the objective and subjective aspects of the crime in question, the author identified the main essential features of aggravated murder and determined that it is precisely in their determination that the greatest difficulties arise when qualifying murder with particular cruelty. The study allowed the author to substantiate the need to develop additional classification criteria for the sign of special cruelty of murder and their consolidation in the norm of the criminal law by making additions to Art. 105 of the Criminal Code of the Russian Federation.

murder, special cruelty, intent, aggravating circumstances, physical suffering, qualifying signs, the right to life