Possible Qualification Murder at the Same Time the Paragraph «b» and «k» of Part 2 of Article 105 of the Criminal Codeof the Russian Federation?

• Main Author: D. Yu. Kraev
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2018-12-01
• Series: Сибирское юридическое обозрение
• Subjects: the killing of a person by the person of his official activity or the fulfillment of a public duty; murder in order to conceal another crime or facilitate its commission; simultaneous imputation of p. “b” and “k” of part 2 of art. 105 of the criminal code of the rf
• Online Access: https://www.siberianlawreview.ru/jour/article/view/127
• ISSN: 2658-7602; 2658-7610

The article deals with the question of the possibility of qualifying one murder at the same time and under paragraph “b” and under paragraph “k” of Part 2 of Article 105 of the Criminal Code of the Russian Federation on the grounds of “a person or his relatives in connection with the performance of official activity by a person or the performance of public duty” and “with the aim of concealing another crime or facilitating its commission”. Analyzing the criminal legislation, the provisions of the Decree of the Plenum of the Supreme Court of the Russian Federation of January 27, 1999 No. 1 “On judicial practice in cases of murder (Art. 105 of the Criminal Code of the Russian Federation)” that such a possibility should not be excluded. As a general rule, a crime may have one dominant motive, but in some cases a single crime, including murder, may be due to several motives (the main thing is that they are not mutually exclusive).