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Title

Classification of murders at person’s mistake in the properties of victim’s identity

Author

Nadezhda Ivanovna Shchipanova

was born on January 2, 1961. In 1983 she graduated from Sverdlovsk Law Institute named after R.A. Rudenko. Now she is an associate professor of Criminal Law, Criminology and Criminal Executive Law Department of South Ural State University. She is the author of 10 publications. Research interests: criminal law and criminology. E-mail: upiuip@mail.ru.

Valeria Vladimirovna Lalats

was born on April 16, 1987. In 2010 she graduated from South Ural State University. Now she is a postgraduate student of Criminal Law, Criminology and Criminal Executive Law Department of South Ural State University. She is the author of 9 publications. Research interests: criminal law and criminology. E-mail: lalats@mail.ru.

Section

Problems and Questions of Criminal Law, Criminal Justice and Criminalistics

Abstract

The subjective aspect of the action provided in point “г” part 2 Article 105 of the Criminal Code of the Russian Federation is analyzed. In authors’ opinion it is more correctly to classify the actions of a person due to his reasons for crime commission. Provided the reason for murder is not pregnancy than the classification should be made in terms of part 1 Article 105 of the Criminal code of the Russian Federation, otherwise actions of the accused should be treated in terms of point “г” part 2 Article 105 of the Criminal Code of the Russian Federation.

Keywords

murder, motive, guilt, guilty intent, pregnancy.

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