Title of the article

Problems of Qualification of Testimony as a Criminal Punished Act

 Authors 

Gennadiy I. Molev — Associate Professor, Department of Criminal Law, Institute of Law, Penza State University, Candidate of law, Associate Professor, 40 Krasnaya Street, Penza, 440026, Russia, gmolev@mail.ru
Andrey I. Puzarin — Master student, Institute of Law, Penza State University, 40 Krasnaya Street, Penza, 440026, Russia, andrei.11.kent.11@mail.ru 

 Category 

CRIMINAL LAW, LAW ENFORCEMENT

Year,.Volume, Number 

2021, Vol. 9, № 1 (33)

 Pages 

102-108

 Article type 

Original article

 Index UDK 

34

 DOI 

10.21685/2307-9525-2021-9-1-13

 Abstract 

The article provides an overview of the legislation establishing criminal liability for torture in the Russian Federation. Scientific understanding of the problems of qualification of torture as a criminal offense is necessary for more effective criminal legal protection of the individual in the Russian Federation. Most of the provisions of the criminal law contain clear, from the point of view of qualification, compositions. At the same time, such a criminal offense as torture raises a number of questions in practice. This is primarily due to the fact that physical or mental suffering is quite difficult to establish and provable. The article considers some controversial issues of qualification of the analysed crime and makes proposals aimed at improving the legislation regulating social relations that arise in connection with the onset of criminal liability for torture.

 Keywords 

criminal law, criminal liability, torture, physical suffering, mental suffering

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For citation

Molev G.I., Puzarin A.I. Problems of Qualification of Testimony as a Criminal Punished Act. Electronic scientific journal «Science. Society. State», 2021, vol. 9, no. 1, pp. 102-108, available at: http://esj.pnzgu.ru. DOI: 10.21685/2307-9525-2021-9-1-13. (In Russian).