Criminal legal means against combating group crimes

被引:3
|
作者
Prozumentov, Lev M. [1 ]
Shesler, Alexander, V [1 ,2 ]
机构
[1] Natl Res Tomsk State Univ, Tomsk, Russia
[2] Kuzbass Inst Fed Penitentiary Serv, Novokuznetsk, Russia
关键词
group crime; complicity in crime; attachment to a crime; mediocre commission of a crime; group formations;
D O I
10.17223/22253513/43/7
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Group criminality as a criminological phenomenon comprises group crimes. And a group crime is any interaction of several individuals, the content of which is a joint criminal activity. Such activities may consist not only of acts assessed by criminal law as crimes but of actions, which do not receive such an assessment. In the current Criminal Code of the Russian Federation, the commission of a crime by a group of persons is classified as complicity in a crime. And members of the group, under Part 1, Article 35 of the Criminal Code of the Russian Federation, are called perpetrators. The analysis of the decisions of the Plenum of the Supreme Court of the Russian Federation enables us to speak about an expanded interpretation of the commission of a crime by a group of persons that contradicts the current legislation. The authors propose a different approach to the consideration of this problem. The signs of a group crime in a criminological sense are, first, the involvement of several individuals in the criminal encroachment. Second, all members in a group crime must have a common group goal. Third, the interaction of members in a group crime should fmd its expression in the separation of functions. Fourth, group crime is characterized by a negative consequence for all members of the group. It is possible to distinguish the following criminal law norms that characterize the interaction of several individuals as a group crime, and serve as the means of countering group crime: 1. Norms providing for the participation of several persons in performing a specific element of crime, assessed by criminal law as complicity in a crime. 2. Norms providing for the actual participation in performing a specific element of crime together with persons brought to criminal responsibility, those persons whose actions are not criminal because of the absence of signs of the subject of the crime (failure to reach the age of criminal responsibility or insanity). 3. Norms providing for the actual participation of several persons in the performance not of an act, but in the formation with a certain person who commits a crime, of other mandatory elements of the objective side of the crime as group formations. 4. Norms providing for the criminal participation of some persons in the negative activities of other persons after the commission of the crime, aimed at creating obstacles to the disclosure of crimes committed by the latter and bringing these persons to criminal responsibility. To sum up, we can note that our conclusions are not indisputable, in many respects, they are staged in nature and need additional substantiation.
引用
收藏
页码:86 / 96
页数:11
相关论文
共 50 条
  • [21] Criminal-legal means of counteraction to particular forms of extremism when committing crimes encroaching upon economic security
    Petryanin, A., V
    [J]. LEGAL SCIENCE AND PRACTICE-BULLETIN OF NIZHNIY NOVGOROD ACADEMY OF THE MINISTRY IF THE INTERIOR OF RUSSIA, 2011, 15 (02): : 193 - 196
  • [22] Criminal remedies and institutional mechanisms for combating corruption crimes: the experience of Ukraine and international approaches
    Cherniei, Volodymyr
    Cherniavskyi, Serhii
    Babanina, Viktoria
    Ivashchenko, Vita
    [J]. JURIDICAL TRIBUNE-TRIBUNA JURIDICA, 2022, 12 (02): : 227 - 245
  • [23] China, Crimes Against Humanity and the International Criminal Court
    Zhu, Dan
    [J]. JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE, 2018, 16 (05) : 1021 - 1041
  • [24] Real estate as a matter of crimes against property (criminal legal experience of the Kyrgyz Republic and certain CIS countries)
    Sarsembekovich, Saparbayev Daniyar
    [J]. LEGAL SCIENCE AND PRACTICE-BULLETIN OF NIZHNIY NOVGOROD ACADEMY OF THE MINISTRY IF THE INTERIOR OF RUSSIA, 2016, (02): : 337 - 341
  • [25] Crimes Against Humanity and the Limits of International Criminal Law
    Renzo, Massimo
    [J]. LAW AND PHILOSOPHY, 2012, 31 (04) : 443 - 476
  • [26] Crimes Against Humanity and the Limits of International Criminal Law
    Massimo Renzo
    [J]. Law and Philosophy, 2012, 31 : 443 - 476
  • [27] COMBATING CYBERCRIME AND CRIMINAL LEGAL MEASURES UNDER THE CONDITIONS OF THE STATE OF MARTIAL
    Veselovska, Nataliia
    Krushynskyi, Serhii
    Kravchuk, Oleh
    Punda, Oleksandr
    Piskun, Ivan
    [J]. AD ALTA-JOURNAL OF INTERDISCIPLINARY RESEARCH, 2022, 12 (02): : 233 - 236
  • [28] War crimes and crimes against humanity in Ukraine: Legal qualification and features of documentation
    Rogatinska, Nina
    Halahan, Oleksandr
    Protsiuk, Oleh
    Galagan, Sergii
    Fierieva, Natalia
    [J]. CUESTIONES POLITICAS, 2023, 41 (78): : 143 - 165
  • [29] More than environment crimes: the criminal prosecution of legal entities in Brazil
    Ramos, Samuel Ebel Braga
    [J]. CADERNOS DE DEREITO ACTUAL, 2024, (23): : 285 - 300
  • [30] Regulation of Criminal Responsibility for Cyber Crimes in Countries with Different Legal Systems
    Lipinsky, Dmitry A.
    Evdokimov, Konstantin N.
    Musatkina, Aleksandra A.
    [J]. PERSPECTIVES ON THE USE OF NEW INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) IN THE MODERN ECONOMY, 2019, 726 : 409 - 422