Typical methods of intentional murder committed with the use of firearms under the conditions of the legal regime of martial state

Abstract

The scientific article analyzes the state of scientific development regarding the features of the investigation of certain types of crimes against human life and health, as well as the results of the generalization of materials of criminal proceedings (archive criminal cases) regarding intentional murders committed with the use of firearms under the legal regime of martial law on the territory of Ukraine. On this basis, the most typical methods of their direct commission are identified. The basis for the division of methods of committing intentional murders under study is the functional purpose of the firearm used by the criminal, which acts as an objective factor in his choice of appropriate methods and means of achieving criminal intent. The content of the concept of «method of criminal offense» is revealed through the prism of a number of sciences of the criminal cycle, such as criminal law and criminology, criminal process and forensics.

As a conclusion of the study, it is proposed to base the typification of the methods of committing intentional murders using firearms under martial law on the functional purpose of the weapon used by the criminal. Therefore, it looks as follows: 1) intentional unlawful causing of death to another person by using a combat firearm; 2) intentional unlawful causing of death to another person by using a hunting firearm; 3) intentional unlawful causing of death to another person by using a sporting firearm; 4) intentional unlawful causing of death to another person by using a firearm not classified by functional purpose.