66. CRIMINALISTIC CHARACTERISTICS OF MURDERS

Murder - intentionally causing death to another person (Articles 105-108 of the Criminal Code of the Russian Federation).

Depending on the volume and nature of the primary information available to the investigator at the time of the initiation of a criminal case, all killings can be divided into two groups:

1) so-called obvious murders, the fact of the commission of which is beyond doubt and at the beginning of the investigation of which the person who committed this crime is known;

2) murders committed in conditions of non-obviousness.

Circumstances to be proven in murder cases:

1) the fact of murder;

2) place, time and method of causing death;

3) who committed the crime, who was an accomplice, how the accused is characterized;

4) the guilt of the accused, the form of guilt, the motives for committing the crime;

5) the identity of the victim;

6) circumstances mitigating or aggravating the responsibility of the accused;

7) what is the nature and extent of the damage caused as a result of the murder;

8) if a premeditated murder has been committed, whether there was a concealment promised in advance;

9) circumstances mitigating and aggravating punishment;

10) circumstances precluding criminality and punishability of the act;

11) circumstances that may entail exemption from criminal liability and punishment;

12) causes and conditions conducive to committing a murder.

Methods of committing murders involve active actions of the perpetrator, they are expressed:

1) in the direct infliction of bodily harm to the victim with the help of various tools;

2) in bringing the victim into a helpless state with subsequent infliction of bodily harm, strangulation, leaving in life-threatening conditions;

3) throwing the victim from a height;

4) throwing the victim out of a moving vehicle;

5) in the introduction of poisonous substances into the body of the victim.

The commission of premeditated murder is accompanied by the appearance of specific traces, indicating both the violent nature of the crime being investigated, and its individual circumstances. To similar I follow traces include:

1) fighting at the scene:

a) bodily injuries on a corpse or a victim of violence;

b) weapons and other items forgotten or thrown away by the offender at the scene;

c) damage to the victim’s clothing;

2) biological origin (blood, sperm, saliva, hair, etc.):

a) teeth and nails on the body of the offender, received by him in the course of resisting him by the victim;

b) the fibers of the clothes of the offender and the victim, transferred from one to the other in the process of their physical contact.

After committing a murder, the criminal seeks to escape from the scene of the crime as quickly as possible, often before that he takes measures to disguise the corpse. If the murder is committed near the killer's place of residence, then he often seeks to hide the corpse as far as possible from the place of the murder, sometimes the corpse is dismembered for this. After hiding the corpse, the killer puts his appearance in order. If his clothes are damaged during resistance, then they are washed and repaired.

Authors: Aleinikov A.G., Salova E.E.

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