Criminal legal assessment of intended infliction of grievous bodily harm that entailed death of the victim by negligence, and delimitation of adjacent crimes

The article investigates the problem of the criminal law understanding and assessment of intentional infliction of grievous bodily harm that entailed death of the victim, and delimitation of the composition of other related socially dangerous acts. Qualification of crimes as a process of establishing and legal confirmation of the identity between the signs of a committed crime and signs of a particular crime, as well as the distinction between the crimes, is a debatable question in the theory and practice of criminal law. Of particular relevance is qualification of socially dangerous acts (including violent attacks on human life and health) that takes into account practical recommendations developed by the Supreme Court of the Republic of Belarus contained in the relevant plenary sessions and practice of criminal justice subjects due to misinterpretation and implementation of certain provisions of the law as a whole. Lack of knowledge of the provisions of criminal law, of the ability to apply this knowledge in practice, competent crime qualification is impossible. Without competent crime qualification one can not ensure the implementation of the principles of justice, the inevitability of criminal responsibility and punishment, individualization of punishment and humanism in the fight against crime. Thus, knowledge of criminal law and the ability to apply correct legal standards contributes to the rule of law in the activities of law enforcement officers and other law enforcement agencies (the Investigative Committee, the Prosecutor's Office). Given the special features and criminological characteristics of violent crimes (a high degree of public danger, destruction of social relations), correct application of the criminal law rules in crime qualification is reasonably necessary. Through the study of legal literature and case law, the author shows the main mistakes made by the investigating authorities, and offers recommendations for correct qualification of crimes. In the course of the criminal law assessment of criminal acts law enforcement authorities need to address the issues of criminal law distinction between them. This is due to the fact that violent crimes (murder, intentional infliction of grievous bodily harm, causing death by negligence) have adjacent signs related to the object, objective and subjective sides. A certain role in the delimitation of crimes belongs to the subjective side, as well as to some other signs that characterize the objective side of these crimes, which is described in the article.

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