Research paper on criminal law. Art. 131 of the Criminal Code. Graduation 2005

WORK PLAN:

Introduction 2
Chapter 1: Historical and legal aspects of rape in the domestic criminal law of 5
§1. Sexual offenses in the legislation of Russia to the Soviet-era 5
§2. Sexual offenses in the legislation of Russia from 1922 to 1996, 7
Chapter 2. General description of the rape of Article 131 of the Criminal Code 11
§1. Objective evidence of a crime 11
§2. The subjective elements of a crime 18
Chapter 3. aggravating circumstances 22
§1. Rape committed by a group of persons by prior agreement or an organized group of 22
§2. Rape, coupled with the threat of murder, causing grievous bodily harm, and committed with special cruelty 24
§3. Rape, resulting in infection of the victim with a venereal disease 27
§4. Rape of a minor 28
Chapter 4.Osobo aggravating circumstances 29
§1. Rape, resulting in the death of the victim 30
§2. Rape, resulting in the infliction of grievous bodily harm to the victim, infecting her with HIV or serious consequences 31
§3. The rape victim, known to be under 14 years old. 32
Chapter 5. Problems of qualification of rape. 35
§1. Qualifications on voluntary refusal of the crime. 35
§2. The contradictions in the doctrine and jurisprudence on the issue of mentally helpless condition of the victim 43
§3. Controversial questions of qualification of rape with violence 51
Conclusion 60
Bibliography 61