CONVICTION FOR A CRIME COMMITTED WITH THE USE OF VIOLENCE AS A PREJUDICIAL FACT
Authors:
1.
Orlovskiy yuridicheskiy institut MVD Rossii imeni V.V. Luk'yanova
(kafedra informacionnyh tehnologiy v deyatel'nosti OVD, prepodavatel' kafedry informacionnyh tehnologiy v deyatel'nosti OVD)
employee from 01.01.2023 until now
Orel, Russian Federation
employee from 01.01.2023 until now
Orel, Russian Federation
2.
Saint Petersburg University of the MIA of Russia
(criminal law department, deputy head)
Type:
Article
Pages:
from 13
to 16
Status:
Published
Received:
12.02.2026
Accepted:
14.02.2026
Published:
14.02.2026
Language:
Russian
Keywords:
violence, beatings, sign of the subject of a crime, criminal record, prejudicial fact, constitutionality, bodily integrity
Abstract:
The article examines the content of the sign of the subject of a crime, provided for in Part 2 of Art. 116.1 of the Criminal Code of the Russian Federation, formulated by the legislator as follows: «... having a criminal conviction for a crime committed with the use of violence». The high level of uncertainty in the range of crimes for which the presence of a criminal record will form this attribute is emphasized. In this regard, the authors made an attempt to develop and substantiate an approach to the assessment by a law enforcement officer of a criminal record for committing various crimes as subject to or not subject to registration as a sign of the subject of a crime of the specified composition. The approach they propose can help eliminate difficulties that arise when determining the content provided for in Part 2 of Art. 116.1 of the Criminal Code of the Russian Federation of the qualifying feature.
The article examines the content of the sign of the subject of a crime, provided for in Part 2 of Art. 116.1 of the Criminal Code of the Russian Federation, formulated by the legislator as follows: «... having a criminal conviction for a crime committed with the use of violence». The high level of uncertainty in the range of crimes for which the presence of a criminal record will form this attribute is emphasized. In this regard, the authors made an attempt to develop and substantiate an approach to the assessment by a law enforcement officer of a criminal record for committing various crimes as subject to or not subject to registration as a sign of the subject of a crime of the specified composition. The approach they propose can help eliminate difficulties that arise when determining the content provided for in Part 2 of Art. 116.1 of the Criminal Code of the Russian Federation of the qualifying feature.
Keywords:
violence, beatings, sign of the subject of a crime, criminal record, prejudicial fact, constitutionality, bodily integrity
violence, beatings, sign of the subject of a crime, criminal record, prejudicial fact, constitutionality, bodily integrity
1. Vlasenkova E.A. K voprosu o soderzhanii zhestokogo obrashcheniya s nesovershennoletnim pri neispolnenii ili nenadlezhashchem ispolnenii obyazannostej po ego vospitaniyu // Vestnik Kaliningradskogo filiala Sankt-Peterburgskogo universiteta MVD Rossii. 2023. № 1 (71). S. 20-24.
