CRIMINAL LAW CHARACTERISTICS OF INTENTIONAL HOMICIDES COMMITTED BY A GROUP OF PERSONS

Abstract

The article is devoted to the study of the criminal law characteristics of intentional homicides committed by a group of persons as one of the most socially dangerous forms of criminal offenses against human life. The peculiarities of the criminal law qualification of such acts are analyzed with due regard to the provisions of the Criminal Code of Ukraine, judicial practice, and contemporary scientific approaches. It is established that the commission of intentional homicide by a group of persons significantly increases the social danger of the criminal offense, complicates the mechanism of its commission, and makes the process of proving the circumstances of the offense during pre-trial investigation and judicial proceedings more difficult. Particular attention is paid to the concept of complicity, the forms of complicity, the differentiation of the roles of accomplices, as well as the peculiarities of criminal liability of the perpetrator, organizer, instigator, and accomplice in cases of intentional deprivation of life. The article analyzes the characteristic features of intentional homicides committed by a group of persons, determines their place within the system of criminal offenses against life and health, and examines problematic issues related to the qualification of the actions of accomplices depending on the form of complicity and the degree of implementation of their common intent. Special emphasis is placed on establishing the existence of a common intent, coordination of the participants' actions, and the causal link between the conduct of each accomplice and the consequences of the criminal offense. It is substantiated that the correct determination of the form of complicity is essential for the individualization of criminal liability and for ensuring the principle of justice in the application of criminal law. It is concluded that improving the criminal law characteristics of intentional homicides committed by a group of persons requires a comprehensive analysis of criminal legislation, contemporary judicial practice, and scientific approaches to the institution of complicity. The practical significance of the study lies in the possibility of applying its findings to the qualification of criminal offenses, the development of methodological recommendations for pretrial investigation bodies, prosecutors, and courts, as well as to the further improvement of the criminal legislation of Ukraine.