Publication date: 27.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Murder, as one of the most serious crimes against a person, is central to the criminal law of Ukraine. Legislative regulation of this issue is extremely important for ensuring justice and law and order. This article analyses the concepts and classifications of murder enshrined in Ukrainian criminal law.
The concept of murder
According to Article 115 of the Criminal Code of Ukraine (CCU), murder is defined as the intentional unlawful taking of another person's life. This definition covers all forms and types of intentional homicide, regardless of the motives, method of commission and characteristics of the victim.
Classification of murders
The Criminal Code of Ukraine provides for different types of murder, which differ in the circumstances of their commission, motives and other important features. Under the current legislation, murder is classified as follows:
- Premeditated murder (Article 115 of the CCU): Simple intentional murder: without aggravating or mitigating circumstances.
Premeditated murder with aggravating circumstances: such as murder of two or more persons, murder with particular cruelty, murder for profit, or murder committed for hire.
Negligent homicide (Article 119 of the CCU): taking the life of another person as a result of careless actions or omissions, when the perpetrator did not foresee the possibility of death, although he or she could and should have foreseen it. Murder committed in a state of extreme emotional distress (Article 116 of the CCU): intentional murder in a state of sudden extreme emotional distress caused by violence, abuse or other unlawful actions of the victim. - Murder by a mother of her newborn child (Article 117 of the CCU): A specific type of intentional homicide that takes into account the psychophysiological state of the mother after childbirth.
- Murder as a result of exceeding the limits of necessary defence or measures necessary for the apprehension of the offender (Article 118 of the CCU): murder committed in excess of the limits of necessary defence or in cases where actions are aimed at apprehension of the offender, if they did not correspond to the danger of the attack or the circumstances of the apprehension.
Analysis of the legislation
The legislative regulation of murder in Ukraine is in line with international criminal law standards and covers a wide range of circumstances in which this criminal act may be committed. Particular attention is paid to aggravating circumstances that increase the public danger of murder, as well as circumstances that may mitigate the perpetrator's liability.
The legislative regulation of murder in Ukraine is in line with international criminal law standards and covers a wide range of circumstances in which this criminal act may be committed. Particular attention is paid to aggravating circumstances that increase the public danger of murder, as well as circumstances that may mitigate the perpetrator's liability.
Contact experienced criminal lawyers at Consultant.net.ua to get professional legal assistance and protection of your interests. The lawyer will provide you with qualified advice on Article 115 of the Criminal Code, a thorough analysis of the case and effective representation in court. Entrust your case to experts who know how to protect your rights! Lawyer 115 CCU murder.
Conclusion
Thus, the concept and classification of murder in Ukrainian criminal law are clearly defined and regulated in detail in the Criminal Code of Ukraine. The legislation provides for different types of murder, taking into account the circumstances of their commission, which allows for an adequate qualification of the crime and determination of a fair measure of punishment. This helps to protect society from the most dangerous attacks on human life and to ensure law and order in the country.
