PROBLEMS OF THE QUALIFICATION ASSESSMENT OF THE PENAL ACTS FROM HOOLIGAN MOTIVES (ON THE EXAMPLE OF PARAGRAPH "D" OF PART 2 OF SECTION 111 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
Journal: Science and world (Vol.2, No. 6)Publication Date: 2014-02-28
Authors : Artemenko N.V.; Tishchenko E.V.;
Page : 171-175
Keywords : Criminal Code of the Russian Federation; hooligan motive; infliction of injury from hooligan motives; public place; false; personal bad blood.;
Abstract
The complications and mistakes in investigative, juridical practices caused by difficulty of formula- tions of legislation containing blanket and standard forms bar the efficiency of crime prevention from hooligan motives. The authors of the article propose the vision of process of optimization of the qualification assessment of these acts on the example of research of juridical practice of application of the paragraph "d" of part 2 of section 111 of the Criminal Code of the Russian Federation (serious bodily injury from hooligan motives). Thus, it is suggested the law enforcement to consider that actions from hooligan motives represent a compound form of motivational criminal behavior including a subjective-objective complex of its causality.
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