危害生命罪制度:立法发展趋势

V. V. Khatuayeva, Kseniya Alekseyevna Soskova
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摘要

这项研究的相关性是由于目前有可能将危害生命的犯罪视为对国家安全的主要威胁之一。研究的目的是分析考虑人身攻击客体的犯罪制度,找出当前刑事立法的发展趋势。在这一体系中,以人的生命为对象的犯罪分为谋杀、过失致人死亡和煽动自杀三个子系统及其构成要件。我们在刑法中将谋杀定性为故意造成他人死亡。有人指出,过失致人死亡与谋杀的区别只在于犯罪的形式。我们支持并为医疗犯罪的结构分离辩护。我们举一个例子,根据统计数据,根据《俄罗斯联邦刑法》第109条第2部分,每年有65至126人被判处死刑。报告指出,不可能确定因这一罪行而被起诉的医务工作者的人数。此外,得出的结论是,这些统计数字无法与患者就医疗服务不足提出的投诉数量相提并论,也无法与沃罗涅日地区俄罗斯联邦保护消费者权利和人类福利监督局(Rospotrebnadzor)关于临床诊断和病理诊断不一致的频率的数据相提并论,这表明在提供医疗服务方面存在严重问题。我们描述了改革后的煽动自杀的刑事责任制度。我们的结论是,在打击危害生命罪方面的刑法政策的特点是扩大了被确认为犯罪的社会危险行为的清单。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE SYSTEM OF CRIMES AGAINST LIFE: DEVELOPMENT OF LEGISLATION TRENDS
The relevance of the study is due to the fact that at present it is possible to recognize crimes against life as one of the main threats to national security. The aim of research is to analyze the crimes system with considering object of assault, to identify trends in the development of the current criminal legislation. In this system, there are three subsystems of crimes, the object of which is human life: murder, infliction of death by negligence and incitement to suicide and related constituent elements of a crime. We give the criminal law characterization of murder as intended infliction of death to another person. It is stated that the infliction of death by negligence differs from murder only in the form of guilt. We support and justify the medical crimes structural separation. We give as an example the statistical data according to which every year on part 2 of article 109 of the Criminal Code of the Russian Federation from 65 to 126 people are condemned. It is indicated that it is impossible to establish the number of medical workers prosecuted for this crime. In addition, it is concluded that such statistics are not comparable with the number of complaints filed by patients in connection with inadequate medical care, as well as with data, for example, the Office of Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) in the Voronezh Region on the frequency of discrepancies between clinical and pathological diagnoses, indicating a serious problem in the provision of medical care. We characterize the reformed institution of criminal liability for incitement to suicide. We made conclusion that the criminal law policy in the sphere of combating crimes against life is characterized by the expansion of the list of socially dangerous acts recognized as criminal.
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