Criminal-legal value of special properties of the victim of a crime as the main or qualifying signs of crimes

Abstract

In many norms of the Special Part of the Criminal Code of the Russian Federation legal significance is attached to such special qualities of the victim as pregnancy, minority, old age, helplessness, illness and dependence on the culprit. They are considered as criminally-based or qualifying attributes. The main point of the research is the problems of reflection of the norms characterizing the victim signs in the criminal law and formulating corpus delicti taken them into account. According to the author, it is necessary to add the following. characteristic “seniority” into clause “v” Part 2 of Art. 105 of the Criminal Code; characteristics “pupillage” and “seniority” into Art. 110 and 110.1 of the Criminal Code of the Russian Federation which with the helplessness, dependence and pregnancy set forth therein should be identified as particularly qualifying circumstances; “seniority”, “dependence” and “pregnancy” into Art. 111 and 112 of the Criminal Code of the Russian Federation which with the minority and helplessness contained in the articles should be identified as particularly qualifying. Art. 115 and Part 2 of Art. 119 of the Criminal Code of the Russian Federation should be supplemented with pregnancy, pupillage, seniority, helplessness and dependence, with the first of them in the status of especially qualifying. Art. 117 of the Criminal Code of the Russian Federation should be supplemented with pupillage and seniority, which, together with the pregnancy, helplessness and dependence set forth in the article, should be singled out as particularly qualifying, etc.