№ 1 Усов обманным путем увел в поле к стогу сена 10-летнюю м., где заставил
ее употребить таблетки элениума и демидрола в дозах, значительно превышающих
терапевтические, после чего совершил изнасилование М. Полагая, что девочка
мертва, он бросил ее в реку, где она скончалась в результате асфиксии от
утопления.
Охарактеризуйте признаки субъективной стороны состава преступления,
In this case, we are presented with a situation where a person named Usov deceitfully takes a 10-year-old girl to a field near a haystack. He then forces her to consume tablets of elenium and demidrol in doses that significantly exceed the therapeutic ones. Afterward, he commits the act of rape on the girl. Believing that she is dead, he throws her into a river where she ultimately dies due to asphyxiation from drowning.
The subjective side of a criminal offense refers to the mental state and intention of the person committing the crime. It includes both the knowledge that the actions being taken are illegal and the intent or purpose behind engaging in such actions.
Let's analyze the subjective characteristics present in this case:
1. Deception: Usov deceitfully lured the girl to the field, leading her to a secluded location under false pretenses. This shows that he intentionally misled her and concealed his true intentions.
2. Excessive dosage: Usov deliberately administered tablets of elenium and demidrol to the girl in doses that significantly exceeded the therapeutic amounts. This demonstrates his conscious decision to harm her by overdosing her on medication.
3. Rape: Usov commits the act of rape on the girl, which represents a violent and non-consensual sexual act. This indicates his active intention to commit a serious offense against her.
4. Belief of death: Usov believes that the girl is dead after the assault, which suggests his awareness of the potential consequences of his actions. This shows that he had knowledge of the potential lethal outcome of his actions.
5. Disposal: Usov disposes of the girl's body in a river, knowing that she will suffer from asphyxiation and drown. This demonstrates his intent to remove any evidence of his crime and to ensure her death.
In conclusion, the subjective side of the criminal offense in this case involves elements of deception, deliberate administration of excessive medication, intentional rape, awareness of potential consequences, and disposal of the victim's body. These characteristics illustrate the conscious decisions and malicious intent of Usov in committing the crime.