Journal article Open Access

Features of Criminal Responsibility and Penalty for Intentional Murder in Criminal Law of Australia

S.O. Soroka, A.S. Scheremeta

The number of premeditated murders in the world is constantly growing. Influential factors in this process are the following phenomena: economic crisis, unemployment, low level of legal awareness and legal culture, legal nihilism, contradictions in society, contradictions of normative legal acts, gaps in legislation, insufficiently effective activity of law enforcement agencies. Each country in its public policy is trying to resolve the issue under study, creating rules of law that correspond to today's reality.

Section 71.2 contains an article providing for liability for "Murder of a member of the United Nations or a person associated with it". It states that “A person commits a crime if: a) his conduct results in the death of another person; b) if the other person is a member of the United Nations or a related person; (c) If the person is a member of a United Nations or a related person, participates in a United Nations operation; (d) The first-mentioned person intends to cause or recklessly causes the death of a member of the United Nations or a related person or any other person by such conduct. "

Another article, which provides for liability for premeditated murder, is contained in section 115.1 and is entitled "Murder of an Australian citizen or resident". It states that; "(1) A person commits an offense if: (a) The person commits an act outside Australia (before or after 1 October 2002 or the date of entry into force of this Code); and b) the conduct results in the death of another person; and (c) the other person is an Australian citizen or resident of Australia; and (d) the first-mentioned person intends to cause or negligently causes the death of an Australian citizen or resident of Australia or any other person by such conduct. "

Another provision related to the death of another person is contained in section 268.8, which deals with "Crime against humanity - murder". It states that “A person (offender) commits a crime if: a) the perpetrator causes the death of one or more persons; and (b) the perpetrator acted intentionally or knowingly in the context of a large-scale or systematic attack against the civilian population.

Similar provisions also contain section 268.70 "War murder".

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