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Journal Article

Citation

Matviychuk V. Juridic. Sci. 2016; 2016(10): 72-108.

Vernacular Title

Матвійчук В.К. Поняття та суспільна небезпечність вчинення злочину способом особливо жорстокого поводження

Copyright

(Copyright © 2016, Nacional’na Akademija Upravlinnja)

DOI

unavailable

PMID

unavailable

Abstract

In this article the idea and social danger of committing a crime in a manner of extremely brutal treatment are researched. The importance of defining the meaning of these ideas for criminal law theory and law-enforcement activity of police authorities and courts is proved. Vectors for further research are settled.

Aiming to define concept and social danger of committing a crime in a manner of extremely brutal treatment, the author researches inquiry literature and detects the meaning of such expressions, as: “aggressiveness”, “brutality”, and “extreme brutality”; the author attributes these terms as interrelated, as different parts of a single chain of development of an asocial behavior.
To reach the stated aim of an article the author also researches foreign psychological literature, including some popular theories relative to the research of mentioned expressions. Points of view of national Ukrainian lawyers on the matter are also discovered, and the polemic on the topic is carried on.
In this contest to elicit the truth the author detects the nature of the phenomenon of brutality, and describes the variety of points of view on this matter in scientific literature.

The nature of aggressiveness, brutal and extremely brutal criminal behavior is also researched. The terms “brutality” and “extreme brutality” are analyzed through the use of inquiry and legal literature.
The meaning of the terms “suffering” and “pain”, which describe the expressions “travails”, “torment”, “to torment”, is researched. The author detects such terms, as: “belabor”, “martyrization”, “tortures”, “bulling”, and “mockery”; the interrelation of the terms “belabor”, “martyrization”, and “tortures” is described. In order to provide the fullest study of the problem of brutality the author analyzes different scientific points of view on the matter and carries on the polemic.

Basing on the research the author suggests the authentic definition of an expression “extremely brutal criminal behavior” and “extremely brutal criminal treatment”. The specific features of the extremely brutal criminal behavior are characterized.

Key words: Crime; Aggressiveness; Brutality; Extreme Brutality; Martyrization; Tortures; Sadism; Extremely Brutal Criminal Behavior

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