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Title

Recharacterization of Offences against the Person in Connection with Changes of the Directives of the Supreme Court of the Rusian Federation

Authors

SUMSKY Dmitriy Valentinovich

Deputy Prosecutor of the Soviet district of the city of Chelyabinsk. Flat 135, 21, Gagarina Str., 454010, Chelyabinsk.

E-mail: Sumsk@mail.ru

Section

Criminal legal doctrine

Issue

1/2015

Page

174-178

index UDC

343.1 + 343.6

index LBC

 

Abstract

The article considers cases when changing of the position of the Supreme Court of the Russian Federation on the rules of characterization of crimes against the person took place: 1) rule of characterization of a murder of two or more persons; 2) rule of characterization of rape against a minor or an underage; 3) rule of characterization of committed violence or threats to use violence against other persons in order to overcome resistance from the victim; 4) rule of characterization of gang rape; 5) the moment of the end of the offenses provided by the Articles 150 and 151 of the Criminal Code of the Russian Federation. It is concluded that the significant change of the position of the Supreme Court of the Russian Federation which occurred only in the validity period of the Criminal Code of the Russian Federation concerning the characterization of crimes do not contribute to the unified application of the criminal law. The consequences of this are the cases of recharacterization of criminal acts as a result of incorrect application of the criminal law.

Keywords

characterization of crimes, criminal and legal evaluation, change of characterization.

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