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The article analyzes the complex aspects of the legislative provisions regulating the features of the corpus de-licti of an infringement on life of a person administering justice or preliminary investigation. The author critically examines the legislative formulation of the name of the corpus delicti of the crime provided for in Аrticle 295 of the Criminal Code of the Russian Federation. Attention is drawn to the fact that it is formulated more narrowly in comparison with the content of the disposition of the criminal-law norm, in connection with which it is proposed to eliminate the identified inconsistency. Taking into account the provisions of procedural legislation, the author identifies the subjects involved in administering justice and conducting preliminary investigations, however, attacks on their lives are classified under Part 2 of Article 105 of the Criminal Code of the Russian Federation. This circumstance served as the basis for the proposal to expand the list of persons whose encroachment on life should be qualified under Article 295 of the Criminal Code of the Russian Federation. From a critical stand-point, the author also addresses the characterization of the objective side of the offense stipulated in Article 295 of the Criminal Code of the Russian Federation, pointing out its limitation to murder and attempted murder.
Sergey S. Gamayunov (Wed,) studied this question.
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