The Problems of Interpretation and Application of "Guilty Knowledge" Criterion at Murders Qualification
The article provides the analysis of the “guilty knowledge” concept in criminal law. Its value and substantial features are presented at qualification of murders. The author analyzes the issues of the legislative and law enforcement approach to the interpretation of “guilty knowledge” in the commission of the knowingly helpless person’s murder - a pregnant woman. The problem of distinguishing the murder of a newborn child from the murder of a person whose helpless state is known to the guilty is also considered. The importance of the issues studied is determined by the qualification problems of the relevant types of murders and the need to appoint a just and justified punishment. The purpose of the work is to identify and analyze the problems of understanding and applying the criterion of “guilty knowledge” in the qualification of murders, with the development of proposals for improving the current legislative and law enforcement approach in this area. The objectives of the study are: to analyze the content of the criterion of “guilty knowledge” in the etymological and legal aspects; to consider the essential criterion of the characteristics of the injured persons who are aware of the subject when committing the murder; to develop recommendations aimed at eliminating the identified problems. During the study, the position of the Supreme Court of the Russian Federation on the issues under consideration, the materials of judicial practice, statistics and special literature are studied. As a result, recommendations are developed, which aim the minimizing (leveling) the identified problems, based on a logical interpretation of the criminal law and the rules of qualification: the interpretation of the “guilty knowledge” criterion in criminal law; suggestion of the author’s edition of the norm of the Art. 1052 of the Criminal Code; circumstances are to be taken into account in the act’s qualification the under the art. 106 of the Criminal Code of the Russian Federation, with proposals to modify this rule; to substantiate the murder qualification of a known pregnant woman in the conditions of an actual error is presented.