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About the issues of qualification of the totality of crimes in the Commission of two or more actions (inaction)

Zatsepin A.   ()

the article considers the issues of qualification of crimes aggregate. Despite the exclusion of the Criminal code of repeatedly, the sign of the offence in respect of two or more persons remained the same as it was before. Hence his understanding in practice it is desirable to return to the original contained in paragraph 5 of the decree of January 27, 1999, № 1 explanation, according to which under item "a" h 2 tbsp. 105 of the criminal code of the Russian Federation "should be treated the murder of two or more persons, if the actions of the guilty were covered under a single intention...". Otherwise, in our view, in the modern period we have to talk about the qualifications of a series of crimes. The results indicated that further action, which it continues to implement the intent is manifested in the preservation of focus attacks on the same object. If there is intent in relation to another object of the crime, about the unity of intent to speak № longer necessary, because thereby the initial intent is essentially replaced with a new one.

Keywords:qualification, the aggregate of crimes, murder, intent, additional steps, focus attacks, the object of the crime.
 

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Citation link:
Zatsepin A. About the issues of qualification of the totality of crimes in the Commission of two or more actions (inaction) // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2015. -№03-04. -С. 68-71
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