The commission of a crime against a pregnant woman as an aggravating circumstance in Russian criminal legislation
Abstract
The article analyzes the features of the design, interpretation and use of a woman’s state of pregnancy as an aggravating factor (art. 63 (1)(z) CC RF). It attempts to examine the evolution of the legislative approach to the formation of this circumstance in Russian criminal law. At the same time, different views on the solution of existing problems of interpreting the state of pregnancy as a circumstance aggravating the punishment that are available in the doctrine of criminal law are critically considered; proposals were developed to improve the legislative regulation of this circumstance and practice of its application.
Received: 05/01/2021
Accepted: 06/01/2021
Accepted date: 06/30/2021
Keywords: sentencing; individualization of punishment; aggravating punishment; aggravating circumstance; woman’s state of pregnancy; knowingness
Available in the on-line version with: 30.06.2020
