MURDER OF A CHILD AS A FORM OF AGGRAVATED MURDER IN MODERN CRIMINAL LEGISLATION

Abstract

Among the most serious crimes within the framework of general, classic, conventional criminality is murder. It is deliberate, illegal deprivation (taking away) of the life of another person, by any activity, in any way or by any means. Depending on the circumstances under which this criminal offense was committed, the following are distinguished in modern criminal legislation: a) ordinary murder, b) aggravated murder, and c) privileged, easy murder. Aggravated murder represents the most serious criminal offense committed against a person, that is, against his basic right - the right to life, which is guaranteed by numerous international standards. It is about unlawfully causing the death of another person, which is qualified by one or more circumstances that give the committed criminal offense a greater degree of gravity or danger, or a greater degree of guilt of the perpetrator.

The specific form of manifestation of the criminal offense of aggravated murder is qualified by the capacity (personality, characteristics) of the passive subject (victim or injured party). This form of aggravated murder acquires a specific character or nature if the act of taking life is undertaken against a child or juvenile, i.e., against a person who, at the time the crime was committed, is not of legal age (old age). This paper discusses the capacity of a child or juvenile, which represents a qualifying circumstance for the legal qualification of the criminal offense of aggravated murder in modern criminal legislation.