Object structure

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Title:

“Cruelty” as a qualified hallmark of the crime of murder and rape

Creator:

Brzezińska, Joanna

ORCID:

0000-0002-5030-3363

Subject and Keywords:

“particular cruelty” ; aggravated crimes ; homicide ; rape

Abstract:

This article is dedicated to the determination of the nature and intensity with which the attribute of the “particular cruelty” can manifest itself in the design of the aggravated crimes of homicide and rape. The analysis of the indicated attribute undoubtedly constitutes numerous difficulties in the interpretation of the doctrine of criminal law, which relate, in particular, to the right assessment in terms of the intensity of its occurrence towards the victim. In order for the murder or rape to retain its aggravated nature, the perpetrator’s behaviour must demonstrate not only average, but atypically reprehensible, or even bestial cruelty. In this context, the only method that allows the presentation of an in-depth characteristics of the indicated attribute is taking into account all forms of the perpetrator’s behaviour, the attributes of the aggravated crime of murder or rape in the qualified type that accompany the implementation phase methods, means, effects, period of inflicting suffering, victim’s status.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Kalisz, Tomasz. Red.

Date issued:

2015

Date copyrighted:

2015

Identifier:

ISSN 2084-5065 ; ISSN 0239-6661

Language:

eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 38, 2015, s. 37-50

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Autor opisu:

WR U/PAdbg