{"title":"致人重伤致人死亡罪与故意杀人罪界定的法院实践分析","authors":"S. Shalgunova, A. Skok","doi":"10.30525/978-9934-588-53-2-41","DOIUrl":null,"url":null,"abstract":". Today, one of the urgent problems of criminal justice is the investigation of the issues of delimitation of murder and intentional infliction of grievous bodily harm, which resulted in the death of the injured person, for which criminal responsibility for part 2 of Art. 121 of the Criminal Code of Ukraine. Despite the scientific research carried out in this area, there are some aspects that need more attention. The research used the dogmatic method, the method of system analysis, the statistical method, as well as the method of analysis and synthesis. In order to detail the criteria of differentiation, an analysis of statistical data was carried out over the last five years, which showed the positive dynamics of crimes under Part 2 of Art. 115 of the Criminal Code of Ukraine. In addition, the Resolution of the Plenum of the Supreme Court of Ukraine on the delineation of murder and grievous bodily harm that caused the victim’s death was analyzed, and a theoretical analysis of the objective and subjective features of the crime was made. Particular attention was paid to the optional features of the objective side of the","PeriodicalId":433372,"journal":{"name":"Theoretical and practical aspects of the development of the European Research Area","volume":"30 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"ANALYSIS OF COURT PRACTICE OF DELIMITATION OF CAUSING SERIOUS INJURY WHICH HAS CAUSED DEATH AND PREMEDITATED MURDER\",\"authors\":\"S. Shalgunova, A. Skok\",\"doi\":\"10.30525/978-9934-588-53-2-41\",\"DOIUrl\":null,\"url\":null,\"abstract\":\". Today, one of the urgent problems of criminal justice is the investigation of the issues of delimitation of murder and intentional infliction of grievous bodily harm, which resulted in the death of the injured person, for which criminal responsibility for part 2 of Art. 121 of the Criminal Code of Ukraine. Despite the scientific research carried out in this area, there are some aspects that need more attention. The research used the dogmatic method, the method of system analysis, the statistical method, as well as the method of analysis and synthesis. In order to detail the criteria of differentiation, an analysis of statistical data was carried out over the last five years, which showed the positive dynamics of crimes under Part 2 of Art. 115 of the Criminal Code of Ukraine. In addition, the Resolution of the Plenum of the Supreme Court of Ukraine on the delineation of murder and grievous bodily harm that caused the victim’s death was analyzed, and a theoretical analysis of the objective and subjective features of the crime was made. Particular attention was paid to the optional features of the objective side of the\",\"PeriodicalId\":433372,\"journal\":{\"name\":\"Theoretical and practical aspects of the development of the European Research Area\",\"volume\":\"30 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theoretical and practical aspects of the development of the European Research Area\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30525/978-9934-588-53-2-41\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theoretical and practical aspects of the development of the European Research Area","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30525/978-9934-588-53-2-41","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
ANALYSIS OF COURT PRACTICE OF DELIMITATION OF CAUSING SERIOUS INJURY WHICH HAS CAUSED DEATH AND PREMEDITATED MURDER
. Today, one of the urgent problems of criminal justice is the investigation of the issues of delimitation of murder and intentional infliction of grievous bodily harm, which resulted in the death of the injured person, for which criminal responsibility for part 2 of Art. 121 of the Criminal Code of Ukraine. Despite the scientific research carried out in this area, there are some aspects that need more attention. The research used the dogmatic method, the method of system analysis, the statistical method, as well as the method of analysis and synthesis. In order to detail the criteria of differentiation, an analysis of statistical data was carried out over the last five years, which showed the positive dynamics of crimes under Part 2 of Art. 115 of the Criminal Code of Ukraine. In addition, the Resolution of the Plenum of the Supreme Court of Ukraine on the delineation of murder and grievous bodily harm that caused the victim’s death was analyzed, and a theoretical analysis of the objective and subjective features of the crime was made. Particular attention was paid to the optional features of the objective side of the