The court of first instance convicted Bryzgalin under Part 4 of Article 111 of the Criminal Code of the Russian Federation. He was found guilty of the fact that after drinking alcohol together at Markin’s apartment, out of personal hostility, he stabbed Markin on the head several times with his fist on the head, causing grievous bodily harm, resulting in the death of the victim. According to testimony by Scriabin, Bryzgalin struck the left temporal part of the head, Markin immediately lost consciousness, and Bryzgalin said: “It’s a pity that I didn’t kill him at all, let him live.”
The court of second instance re-qualified Bryzgalin’s act on part 1 of article 109 of the Criminal Code of the Russian Federation, referring to the fact that he had no intention of causing serious harm to Markin’s health, while striking, he did not use any objects, although he did not foresee, but he should have and could foresee the onset of the death of the victim.
Determine the form of guilt Bryzgalina and its type.
Assess the findings of the courts of the first and second instances taking into account the form of guilt of Bryzgalin and its type.
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