SUFFERING AS A RESULT OF THE MANIFESTATION OF SPECIAL CRUELTY IN THE COMMISSION OF A CRIME

Based on the analysis of the doctrine of criminal law, decisions of the Plenum of the Supreme Court of the Russian Federation, materials of judicial practice related to the consideration of criminal cases on charges of murder with special cruelty and attempted murder with special cruelty, the author establishes that the result of special cruelty is suffering and (or) torment. She proves that only suffering should be considered as a result of especially cruel behaviour in the commission of a crime. The author proposes to fix this provision at the level of clarifications by the highest judicial instance – in the decision of the Plenum of the Supreme Court of the Russian Federation on the interpretation of special cruelty.