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Tom 38 (2015)

“Cruelty” as a qualified hallmark of the crime of murder and rape

  • Joanna Brzezińska
24 sierpnia 2016


This article is dedicated to the determination of the nature and intensity with which the attribute of the “particular cruelty” can manifest itself in the design of the aggravated crimes of homicide and rape. The analysis of the indicated attribute undoubtedly constitutes numerous difficulties in the interpretation of the doctrine of criminal law, which relate, in particular, to the right assessment in terms of the intensity of its occurrence towards the victim. In order for the murder or rape to retain its aggravated nature, the perpetrator’s behaviour must demonstrate not only average, but atypically reprehensible, or even bestial cruelty. In this context, the only method that allows the presentation of an in-depth characteristics of the indicated attribute is taking into account all forms of the perpetrator’s behaviour, the attributes of the aggravated crime of murder or rape in the qualified type that accompany the implementation phase methods, means, effects, period of inflicting suffering, victim’s status.