Menshikova Anna, senior lecturer of the Department of Criminal Law of the Ural State Academy of Law. Federal State Educational Institution of Higher Professional Education «Ural State Law of Academy» (USLA), 21, Komsomolskaya Str., 620137, Sverdlovsk region, Ekaterinburg. E-mail: menshikova_anna@mail.ru

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The article analyzes two decisions of the Supreme Court of the Russian Federation No. 1 as of 27.01.1999 «On judicial practice in cases of murders», and No. 11 as of 15.06.2004 «On judicial practice in cases involving crimes provided by the Articles 131 and 132 of the Criminal Code of the Russian Federation » in clarification of the question of subjective attitude of a person found guilty to the manifestation of extreme atrocity in crime commission. The author also explores the different points of view which exist in the science of criminal law, in relation to the perception of the subject of extreme atrocity in commission of various crimes. The verdicts of courts of general jurisdiction of the Russian Federation in which individuals were found guilty of intentional infliction of severe or moderate harm to the victim’s health with extreme atrocity and which hold judicial reasoning argumentation the imputation of this trait are subject of a thorough analysis. The author comes to conclusion that the subjective attitude of the person found guilty to extreme atrocity in crime commission is characterized by awareness of causing much suffering of the victim. In this case, this statement is recommended to be regarded as a universal template to establish a meaningful component of guilt for various crimes.

special cruelty, the Supreme Court of Russian Federation, wine, awareness.