Skip to main content
Article thumbnail
Location of Repository

CURRENT CRIMINAL-LEGAL ISSUES OF QUALIFICATION OF A CHILD SUBSTITUTION

By Shishchenko E. A. and Paliy O. I.

Abstract

Relevance of the chosen topic is caused by existence of disputable issues in qualification of the crime established in article 153 of the Criminal code of Russian Federation. Objective and subjective elements of corpus delicti of substitution of a child are analyzed in the article. The special attention is paid to the object of the crime, and also consideration of the concept «victim». In this article «mercenary and low motives» as a constructive feature of the subjective element of substitution of a child are considered, the most significant gaps in norms of the criminal legislation are analyzed and ways of their elimination are offered. Having investigated normative legal acts, court practice, foreign legislation and the existing theoretical developments, authors give their interpretation of article 153 of the Criminal code of Russian Federation. The authors express opinion about strengthening of the punishment for this crime. We consider important inclusion in corpus delicti of this crime such aggravating features as the act: «against two or more persons», «a group of persons by previous agreement or organized group», «a person using his official position», «a person who has a previous conviction for crime against a family and minors

Topics: CRIMES AGAINST FAMILY AND MINORS, SUBSTITUTION OF A CHILD, MERCENARY INTEREST, VESTED INTEREST, CRIMINAL-LEGAL CHARACTERISTIC OF CRIME, General Works, A
Publisher: Kuban State Agrarian University
Year: 2016
OAI identifier: oai:doaj.org/article:75d1eab5c45242f194b37fa6969544c7
Journal:
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • https://doaj.org/toc/1990-4665 (external link)
  • http://ej.kubagro.ru/2016/04/p... (external link)
  • https://doaj.org/article/75d1e... (external link)
  • Suggested articles


    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.