Petrosyan M.A., Dulepina O.V. —
Criminalistic aspects of the investigation of the murder of a newborn child by a mother committed in complicity
// Police activity. – 2025. – ¹ 2.
– P. 48 - 57.
DOI: 10.7256/2454-0692.2025.2.73731
URL: https://en.e-notabene.ru/pdmag/article_73731.html
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Abstract: The methodology of investigating infanticide at the present stage of the development of criminology has a broad basis sufficient for the successful investigation of typical manifestations of this type of crime, presented by a number of monographs, dissertations and scientific articles. However, in practice, the investigator is faced with investigative situations that differ from the classical idea of the manifestations of crimes regulated by Article 106 of the Criminal Code of the Russian Federation. One of these is the commission of infanticide in complicity: the qualification of the act in this case will differ significantly, as well as the method of committing the crime, traces and other elements relevant to the investigation of the criminal case.
Due to the fact that in situations involving complicity, the mother is often the actual instigator, the execution process is carried out by another entity. At the same time, the typical traces, place and method of infanticide change, and the existing forensic characteristics of the murder of a newborn child by a mother become inapplicable to the act. The listed factors substantiate the specifics of the research method. The methodological basis of this scientific work consists of a number of general scientific theoretical research methods, including analysis, induction, deduction, analogy, generalization, comparison and abstraction, as well as special sociological and psychological methods. The scientific novelty of this study is expressed in the development of a number of tactical and methodological recommendations that have a certain practical significance, since they are aimed at developing the investigation process in criminal cases related to both the murder of a newborn child by a mother in general and the specified act committed in complicity.
Dulepina O.V., Vlez'ko D.A., Demenkov V.A. —
Peculiarities of establishing certain circumstances to be proved in the investigation of crimes under Article 106 of the Criminal Code of the Russian Federation
// Police activity. – 2024. – ¹ 5.
– P. 86 - 97.
DOI: 10.7256/2454-0692.2024.5.71979
URL: https://en.e-notabene.ru/pdmag/article_71979.html
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Abstract: The authors of this study have considered in detail such aspects of the topic under study as problems arising in the qualification of the corpus delicti provided for in Article 106 of the Criminal Code of the Russian Federation, namely: the influence of the presence or absence of a traumatic situation and the time of its occurrence during the investigation of the murder of a newborn child by a mother, and the importance of the role of forensic experts in establishing these facts. From the list of these problems, complications also follow in the practical activities of law enforcement agencies and courts, which can be traced in the analysis of the results of judicial practice. Thus, the subject of this investigation covers a number of problems of legislative regulation, which are directly projected onto the law enforcement activities of the investigative bodies. In this work, such methods as comparative legal, analytical and other general and private scientific methods are used. A special contribution of the authors to the study of this topic is the research of the specifics of establishing certain circumstances to be proved during the investigation of the murder of a newborn child by a mother: the presence of a traumatic situation or mental disorder in the subject of the crime, the moment of causing death, the fact of a newborn. The main attention of the work is paid to the difficulties associated with legislative gaps in the regulation of Article 106 of the Criminal Code of the Russian Federation, which explains the need to specify the time frame and other concepts applied by the legislator in this article. The role of circumstances affecting the mental state of the mother for the process of proving a criminal case is substantiated. In the course of the study, legal gaps and other imperfections of existing norms were identified, which lead to uncertainty in the actions of law enforcement officials, and ways of their possible solution were proposed.