Ostapenko L. The criminal-legal characteristic of intentional homicide under mitigate circumstances (Art. 116, 117, 118 of the CL of Ukraine).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U000383

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

19-01-2004

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The objective (object, objective party) and subjective (subject, subjective party) legal indicia of intentional homicides committed in state of strong mental agitation, intentional homicide by mother of new-born child, intentional homicide while exceeding limits of necessary defence or when exceeding measures necessary for detention of criminal are researched here. The author explains the expediency to determine the beginning of the criminal-legal protection of the man's life. It is suggested to add one more part (the second part) to the Article 116 of the Criminal Code where the responsibility for intentional homicide of two or more persons committed in state of severe mental agitation would be guaranteed; and to add the second part to the Article 117 of the Criminal Code where the responsibility for intentional homicide by mother of two or more new-born children would be provided for. The author gives her own definitions to such notions as: "during birth", "directly after birth", "beginning of the physiological birth", "strong mental agitation", "affect", "illegal force", "systematic mockery", "grave insult", "social dangerous infringement", "directly after commission of a crime".

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