Some problematic aspects of the differentiation of criminal liability for crimes against life and health (Chapter 16 of the Criminal Code of the Russian Federation): through the prism of constructing privileged crimes

the article examines problematic aspects of the differentiation of criminal liability for crimes against life and health, provided for in Chapter 16 of the Criminal Code of the Russian Federation, through the prism of constructing privileged crimes. The author analyzes the nature and structure of privileged compounds, singling them out as a special form of criminal law differentiation based on the presence of constructive privileged features that reduce the degree of public danger of the act. The key norms containing such signs are investigated (art. 106, 107, 108, 113 and 114 of the Criminal Code of the Russian Federation), with an emphasis on the internal logic of their construction, the assessment of the phenomenon of "qualifying feature of privileged composition", as well as the differentiation of criminal liability, carried out depending on the amount of harm caused by the crime. In conclusion, it is concluded that the privileged elements of crimes provided for in Chapter 16 of the Criminal Code of the Russian Federation represent an important element of the system of differentiation of criminal responsibility, which requires further theoretical study and legislative improvement.

differentiation, criminal liability, differentiation of criminal liability, privileged corpus delicti, privileged trait, crimes against life and health