Institute of Multiplicity in Criminal Law: Stating the Problem in Its Global Dimension

Abstract

The current processes of globalization are projected not only on the publically beneficial, but also on the socially harmful human activities, including criminal ones. The criminal law institution of multiplicity is also developing in this direction, although its conceptual basis in modern Russian legislation is the theory of multiple crimes. The current trend of Russian lawmakers is to re-assess the phenomenon of multiple victims of a crime, but theoretical studies lack an integral approach to a complex study of multiple crimes, multiple crime participants and multiple victims as various manifestations of the phenomenon of multiplicity. The scientific necessity of conducting such research is proven by the peak public danger of the situation when all three types of multiplicity converge at one point. The analysis of the problem of multiplicity from this standpoint, while predicting the objective necessity of scientific research and the evolution of criminal legislation, has both theoretical and practical value. The author states the expediency of interpreting the criminal law phenomenon of multiplicity in its global dimension. Special attention is paid to the victim of crime in the structure of criminal law and criminal law relations. The summary of Russian and international legislative and research experience made it possible to show the value of the victim for criminal law and to conclude that the victim is part of criminal law relations, that without the victim the meaning of criminal law, and criminal legislation in general, is lost because the primary task of Russian criminal law is to protect and guard against criminal infringements. This task proves that the center of gravity should be moved from punishing the culprit (as one of the means of fulfilling the tasks of criminal law) to restoring the rights of the victim. Taking into account the complex of multiple crimes, multiple participants and multiple victims will create a platform for the most correct and comprehensive assessment of the level of public danger of crimes, will make it possible to establish formal elements of crimes, their qualifying features and typical criminal law sanctions. The implementation of these ideas in the legislative and law enforcement practice will contribute to the restoration of social justice as one of the goals of criminal punishment and the maximum effectiveness of enforcing the criminal law principle of justice.