Peculiarities of establishing certain circumstances to be proved in the investigation of crimes under Article 106 of the Criminal Code of the Russian Federation

The authors of this study have considered in detail such aspects of the topic under study as problems arising in the qualification of the corpus delicti provided for in Article 106 of the Criminal Code of the Russian Federation, namely: the influence of the presence or absence of a traumatic situation and the time of its occurrence during the investigation of the murder of a newborn child by a mother, and the importance of the role of forensic experts in establishing these facts. From the list of these problems, complications also follow in the practical activities of law enforcement agencies and courts, which can be traced in the analysis of the results of judicial practice. Thus, the subject of this investigation covers a number of problems of legislative regulation, which are directly projected onto the law enforcement activities of the investigative bodies. In this work, such methods as comparative legal, analytical and other general and private scientific methods are used. A special contribution of the authors to the study of this topic is the research of the specifics of establishing certain circumstances to be proved during the investigation of the murder of a newborn child by a mother: the presence of a traumatic situation or mental disorder in the subject of the crime, the moment of causing death, the fact of a newborn. The main attention of the work is paid to the difficulties associated with legislative gaps in the regulation of Article 106 of the Criminal Code of the Russian Federation, which explains the need to specify the time frame and other concepts applied by the legislator in this article. The role of circumstances affecting the mental state of the mother for the process of proving a criminal case is substantiated. In the course of the study, legal gaps and other imperfections of existing norms were identified, which lead to uncertainty in the actions of law enforcement officials, and ways of their possible solution were proposed.

murder, newborn, forensic expert, traumatic situation, murder by the mother of a newborn, mental disorder, psychiatric examination, special subject, infanticide, examination