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Publication date: 07.05.2024
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Intentional murder, as defined in Article 115 of the Criminal Code of Ukraine, is an act when a person knowingly and illegally causes the death of another person. The illegality of murder means that such an act is prohibited by criminal law and involves the threat of criminal punishment. Murder is punishable by imprisonment for ten to fifteen years or life imprisonment with confiscation of property. Illegality in this context can be described as the non-compliance of an act with the requirements of the law, which makes it different from lawful actions, such as self-defense, apprehension of a criminal, execution of a court sentence, according to the conditions defined by criminal law, or participation in war. Guilt reflects the intentionality or carelessness of a person when committing an act. This means that a person, committing a crime, was aware of the social danger of his actions, foresaw the possibility of harm, desired it or consciously allowed this possibility, or thoughtlessly expected that he would be able to avoid the consequences. Or she did not foresee the occurrence of harm, although she had all the reasons and opportunities for this. Homicide, which is the taking of another person's life, notes that suicide and attempted suicide are not criminal acts under criminal law, although suicide may be considered immoral. Therefore, criminal punishment is provided for killing another person, regardless of his age, gender or social status.
A person's life exists. It begins from the moment of the beginning of physiological childbirth.Life ends with the onset of physiological death, which occurs when the heart stops completely, the supply of oxygen to the cells ceases, which causes the irreversible process of disintegration of the cells of the central nervous system and brain death. A socially dangerous act in the case of murder can be detected through activity or passivity. Typically, intentional homicide occurs through actions that disrupt the function or anatomical integrity of another person's vital organs. For the qualification of unlawfully causing death to another person in the form of inaction under Art. 115, the guilty person must have the duty to take care of the victim and be able to prevent his death (for example, when the parents do not feed the baby for a long time in order to take his life, or the medical worker for the same purpose does not fulfill his professional duties towards the patient ). A socially dangerous consequence of murder is the physiological (irreversible) death of the victim. The causal connection between the specified actions and consequences must be mandatory - the death of the victim is a natural result of the actions of the guilty person, and not the actions of third parties or the influence of external forces. There is a reprehensible person who reached the age of 14 at the time of committing the crime. Premeditated murder is characterized by culpability that manifests itself in the form of intent. It is necessary to establish the motive and purpose of the crime, since in some cases they serve as qualifying characteristics of this crime.
Intentional homicide of two or more persons means that a person knowingly and intentionally committed an act that resulted in the death of two or more persons.It is important to note that the motives of the perpetrator and the time gap in committing this act are not important for classifying it as intentional murder.
Clause 2 of Part 2 of Article 115 of the Criminal Code of Ukraine provides for the intentional killing of a minor child or a woman who was known to the perpetrator to be pregnant. This happens when the perpetrator deliberately takes the life of a person who has not reached the age of 14, or a woman who was pregnant at the time of the crime.
Clause 3 of Part 2 of Article 115 of the Criminal Code of Ukraine deals with the deliberate killing of a hostage or abducted person. This happens when the victim was held against her will in order to induce her relatives or state authorities to take certain actions, or when the person was abducted and held against her will.
Clause 4 of part 2 of Article 115 of the Criminal Code of Ukraine refers to intentional murder committed with particular cruelty. This happens when the perpetrator deliberately inflicts physical, mental or moral suffering on the victim, as well as mocks the corpse or commits a crime in the presence of the victim's relatives, while realizing that he is causing special suffering.
A lawyer's legal assistance in a case of intentional homicide consists in protecting the rights and interests of the accused. The lawyer provides professional support to his client at every stage of the criminal process, helping to collect evidence, develop a defense strategy.
# Lawyer 115 CCU Murder # Lawyer Murder #
