A lawyer on Article 115 of the Criminal Code – deliberate murder

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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A lawyer on Article 115 of the Criminal Code – deliberate murder

Reading time: 4 min.

In the modern world, where the legal system plays a decisive role in ensuring order and security, the role of a lawyer becomes very significant, especially in the context of an important and complex category of offenses - intentional homicide, defined by Article 115 of the Criminal Code of Ukraine. A lawyer who specializes in this area has a huge impact in acquitting, justifying or mitigating the sentence for his client.

 

Legal aspects of Article 115 of the Criminal Code

Article 115 of the Criminal Code of Ukraine (CCU) is one of the most weighty and serious articles, as it regulates intentional murder, which is one of the most important institutions of criminal law. Let's consider the main legal aspects of this article.

General provisions of Article 115 of the Criminal Code

Article 115 of the Criminal Code formulates the main components of intentional murder. It provides several options for this crime, in particular:

  • Premeditated murder with unjustifiable motives.
  • Premeditated murder in excessive self-defense.
  • Intentional attempted murder.
  • Premeditated murder with other circumstances.

Qualification of premeditated murder

The qualification of the crime provided for in Article 115 of the Criminal Code is determined by the presence of certain signs and circumstances. In particular, the court takes into account the purpose of the crime, the nature of the damage caused, the methods of committing the crime and other circumstances. The presence of certain motives or features can affect the qualification of the committed act, making it less serious or, on the contrary, more serious.

Circumstances affecting the sentence

Article 115 of the Criminal Code also provides for the court to take into account certain circumstances when determining the sentence. It can be the mental state of the culprit, his previous crimes, the level of social danger, etc. The lawyer representing the interests of the accused has the right to actively influence the determination of these circumstances, arguing certain important details that may affect the verdict.

АВТОАДВОКАТ ПО СТ. 130 КУоАП

Defense of the lawyer at every stage of the case

From the moment a suspect is arrested or detained until the verdict is announced, a lawyer plays a key role in ensuring a fair trial. Defense at the stage of pre-trial investigation, preparation of questions for questioning witnesses, argumentation of evidence - all this requires a lawyer's deep knowledge and the ability to find legal solutions in difficult situations.

At the stage of judicial investigation, the lawyer acts as a representative of his client, demonstrating not only his professional and technical skills, but also a high level of ethics and dedication. The ability to build a defense strategy, using legal loopholes and strong arguments, becomes the solution to a successful case.

 

Examination and evidence

In cases under Article 115 of the Criminal Procedure Code, the study of expert opinions and evidence that may affect the verdict acquires special importance. A lawyer must have the skills to analyze and identify shortcomings in the examination, the possibility of denying the authenticity of certain evidence.

Knowledge of scientific research and extensive experience in the study of similar cases allow the lawyer to effectively control the research process and use the obtained data for the benefit of his client.

Mitigation and alternative strategies

In cases where the suspect's guilt cannot be denied, the lawyer has the task of achieving a mitigation of the sentence. The use of alternative strategies, such as agreements with the prosecutor, can be an effective way to ensure a more loyal attitude of the court and to be distinguished by the high professionalism of the lawyer.

Conclusion

A lawyer in cases related to intentional homicide under Article 115 of the Criminal Code carries a heavy burden of responsibility, contributing not only to justice, but also deeply influencing the lives and fate of his clients. He must be not only an expert in his field, but also a highly moral defender, ready to give everything to achieve justice.

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