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PROBLEMS OF THE CHARACTERISTICATION OF THE CULPRIT OF THE KILLING OF AN OBVIOUSLY PREGNANT WOMAN

10.01.2022

The question of defining the criminal act of killing a woman who is obviously pregnant for the

guilty person is regularly discussed in the theoretical literature. So, if the culprit commits a factual mistake at this time, certain difficulties arise in the description of the deed. In modern times, many authors in the legal literature offer different options for the description of the act when an actual mis- take is made during the killing of an obviously pregnant woman. The author of the article considers five options of such a description. It is considered that it is unacceptable to have so many different opinions during the interpretation and application of any norm of the criminal law. In this regard, it is necessary and appropriate to make appropriate changes in the law.

Key words: murder, pregnant woman, aggravating circumstances, factual error, obvious, two or more murders, correct description, degree of guilt.

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