GROUNDS AND PRINCIPLES OF CRIMINALIZATION OF INTENTIONAL MURDER COMBINED WITH RAPE OR SEXUAL VIOLENCE

Abstract

In the article, the author studies the grounds and principles of criminalization of premeditated murder combined with rape or sexual violence. A study of the grounds and principles of criminalization of premeditated murder combined with rape or sexual violence revealed that it corresponds to the basic grounds and principles of criminalization. Thus, the increased social danger (danger) of premeditated murder combined with rape or sexual violence is also characterized by the fact that in this case there is the presence of an additional mandatory object of unlawful encroachment – sexual freedom and sexual integrity. Which increases the public danger (danger) of the investigated crime in contrast to the «ordinary murder» under Part 1 of Art. 115 of the Criminal Code of Ukraine. Therefore, the public danger (danger) of premeditated murder combined with rape or sexual violence is not even in doubt. The analysis of the Unified Report on Criminal Offenses of the Prosecutor General’s Office of Ukraine on premeditated murders combined with rape or unnatural sexual gratification and premeditated murders combined with rape or sexual violence between January 2013 and October 2021 provided an opportunity to conclude. First, the investigated criminal offense is not an accidental socially dangerous act, but is characterized by stable statistics. As evidenced, in particular, by the presence of recorded criminal offenses under paragraph 10 of Part 2 of Article. 115 of the Criminal Code of Ukraine in each of the recorded years (2013 – 11 criminal offenses, 2014 – 13 criminal offenses, 2015 – 8 criminal offenses, 2016 – 9 criminal offenses, 2017 – 8 criminal offenses, 2018 – 12 criminal offenses, 2019 – 7 criminal offenses, 2020 – 8 criminal offenses, 2021 (January-October) – 6 criminal offenses). Therefore, we can say that premeditated murder combined with rape or sexual violence is typical and sufficient. A review of the dynamics revealed that the above study of the Prosecutor General’s Office of Ukraine suggests a pendulum trend of premeditated murder combined with rape or sexual violence, both to reduce the number of reported criminal offenses and to increase them. It was also found that the negative consequences of criminalization will occur in the criminalization of any type of socially dangerous act (act or omission), including premeditated murder combined with rape or sexual violence. A study of the proportionality of the positive and negative consequences of criminalization has shown that premeditated murder combined with rape or sexual violence is one of the most socially dangerous acts punishable by criminal law. Which in one way or another leaves an irreparable mark on public relations, and needs further prevention and prevention.