Particular cruelty as a sign of the elements of the crime provided for in paragraph "d" of part 2 of article 105 of the Criminal Code of the Russian Federation

• Published in: Полицейская и следственная деятельность no. 3; pp. 191 - 201
• Main Author: Bagandova, Leila Zakirovna
• Format: Journal Article
• Language: English
• Published: 01.03.2025
• ISSN: 2409-7810; 2409-7810
• DOI: 10.25136/2409-7810.2025.3.75615

The article examines one of the most significant qualifying features of murder – special cruelty, as specified in paragraph "d" of part 2 of Article 105 of the Criminal Code of the Russian Federation. The author analyzes the content of this feature, revealing the necessity of unity between the actual suffering of the victim and the conscious intention of the offender to cause a torturous death. Historical aspects of the formation of the category of cruelty in domestic criminal law are explored, as well as doctrinal approaches and the position of law enforcement regarding this definition. The author has analyzed case law related to the concept of special cruelty. It is emphasized that the absence of a clear legislative definition of "special cruelty" retains its evaluative characteristics, which requires special care in proving and judicial assessment. The article aims for a deeper understanding of the legal nature of this composition and contributes to ensuring uniformity in the application of criminal law. The scientific novelty of the research is expressed in a new perception of the term, a comprehensive analysis of existing doctrinal developments regarding the concept in question, and the determination of the place of this feature in the structure of the crime. The methodological basis of the research includes the dialectical method of cognition, as well as general scientific and specific scientific methods: analysis and synthesis, formal-logical, comparative-legal, systemic, and other research methods. As a result of the study, the author concluded that special cruelty as a qualifying feature of murder, as provided for in paragraph "d" of part 2 of Article 105 of the Criminal Code of the Russian Federation, occupies an important place in the system of criminal-legal assessment of the most severe crimes against life. Special cruelty is not just an evaluative characteristic but a legally significant feature that requires clear evidentiary understanding. Its correct application contributes to the assurance of legality, the individualization of punishment, and the protection of the rights of both victims and defendants, which ultimately strengthens trust in justice and reflects the human orientation of modern criminal law. In this regard, further study of this feature is an important task for the science of criminal law, as it will facilitate the correct application of criminal law norms.