In the article, from the point of view of criminal law, reveals aspects of the current trends in the unreasonable attraction of medical workers criminally liable under article238 of the criminal code. The authors also justify the position of not applying the provisions of article 238 of the criminal code of the Russian Federation in relation to this category of subjects
Within the scope of the current research, the analysis of the psychological and criminological aspect of the optional signs of the subjective part in crimes against life and health has been conducted. Within the scope of the psychological and criminological features, stated patterns can be disclosed through the forming process of the criminal behavior mechanism. Within the framework of the current research it has been established that individual determinant which can help to differentiate related elements of crime are common to each premeditated crime against life and health. Mental derangements, irritation, anti-social behavior, depreciation of the social relations, indifference to others and other negative emotional patterns are often common to the criminals committing premeditated crimes which are punishable under Chapter 16 of the Criminal Code of the Russian Federation. Discovered patterns can be useful for the development of new investigation techniques, for the prevention of the stated crimes and legislation improvement.
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