Crime Characteristics Research Articles

잠정조치 이행 여부에 따른 스토킹가해자의 특성에 대한 판결문 분석

This study sought to identify the characteristics of stalking perpetrators who violated interim measures. For this purpose, 453 stalking court decision cases during the last two years (2022-2023) were collected. In detail, the study analyzed the group differences of interim measure compliant vs. violating perpetrator group regarding the demographics of perpetrators and victims, criminal demographics of perpetrators, stalking crime characteristics and perpetrator risk factors coded according to the Stalking Risk Assessment Scale (K-SAS). The main findings are as follows. Competing crimes, criminal histories on the same or similar crimes were significantly higher among the interim measure violating perpetrator group. Stalking offense characteristics regarding self/other harm threats, persistent and severity of stalking and also offender risk factors including anger and hostility, pathological obsession or suspicion, antisocial lifestyle, one-sided thinking, and interpersonal problems were higher among them. Finally, same crime recidivism and one-sided thinking were variables that significantly explained the violation of interim measures. Based on the findings, suggestions were made on additional protective measures in light of interim measure violation and ways to protect victims as well as preventing recidivism.

Criminological Characteristics of an Attack on the Life of a Law Enforcement Officer, a Special Government Agency, or a Military Serviceman in Kazakhstan

The purpose of this study was to characterize crimes of encroachment on the lives of law enforcement officers, special government agencies and military personnel in Kazakhstan from the point of view of defining the elements of the crime, criminological characteristics and foreign regulatory experience. The article used methods of statistical analysis, analogy and generalization, as well as formal legal and formal logical approaches. The study identified the features of proving this category of crimes and proposed recommendations for its improvement directly in the Republic of Kazakhstan. The features of the criminological characteristics of crimes against persons representing the authority of public authorities are highlighted, as well as recommendations for the special prevention of criminal attacks provided for in Art. 380-1 of the Criminal Code of the Republic of Kazakhstan.

The New Characteristics of Crimes that Undermine Market Economy Order and Regulation in Criminal Law

Chapter 3 of the Criminal Law of the People's Republic of China makes specific provisions for acts that undermine market economy order. However, with the development of society and economy, some new types of acts that undermine market economy order have emerged in market economic activities. These acts either have new subjects or new means and tools, or have new objectives, which seriously undermine market economy order and cause property losses to the state and people. Perfecting the criminal law regulation of these new types of acts is crucial for maintaining a regulatory system for undermining socialist market economy order.

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)

Characteristics of excesses of the perpetrator when committing a crime in complicity

This article considers the characteristic of excesses of the perpetrator and the form of complicity in excesses of the perpetrator. The criminal-legal assessment of actions of accomplices in the conditions of excesses of the perpetrator of a crime is analyzed, when a number of problems are revealed, in particular: establishment of peculiarities of qualification depending on the type of excesses of the perpetrator of a crime; qualification of acts of co-perpetrators when they commit “outgrowing” crimes; qualification of crimes on the grounds of committing them by a group of persons by pre-planned conspiracy; qualification of acts of accomplices on the most serious qualifying feature of the crime, etc. Features of qualification of crimes in conditions of excesses of the perpetrator of a crime in the science of criminal law are traditionally considered in relation to quantitative and qualitative excesses.

Features of criminal characteristics of crimes in the sphere of intellectual property

The article is devoted to the peculiarities of the forensic characteristics of crimes in the field of intellectual property. It is noted that the Constitution of our country guarantees every citizen the right to the results of his intellectual and creative activity; no one can use or distribute them without his consent, with exceptions established by law. However, criminals violate this right and commit corresponding criminal offenses, the responsibility for which is provided for by Articles 176, 177, 203-1, 229 of the Criminal Code of Ukraine. At the same time, the formulation of the forensic characteristics of any criminal offense is an important stage of its proof, as it allows not only to determine the circumstances that need to be established, but also to draw up a further investigation plan and tactics for conducting investigative (search) actions.
 It was concluded that the forensic characteristics of criminal offenses in the field of intellectual property include: the method of committing the crime, the object of the criminal offense, the identity of the criminal and typical traces of the crime.
 The criminal’s choice of the subject of the criminal offense is determined, first of all, by the level of his education, the presence of certain professional skills and knowledge necessary for the implementation of the plan, and the technical side of the issue. All this is especially true for crimes related to copyright infringement in the field of distribution of audio and video products and computer information. Because a person who does not have certain special skills and education is not able to develop a crime plan and implement it. In addition, the criminal must first have access to the object of criminal trespass, and therefore know the technical features of its carrier and the organization of the work of the relevant enterprises, corporations, companies, firms and the like, in whose custody a certain desired work is located.
 It has been established that the typical traces of these crimes are characterized by certain features in the process of trace creation, namely: their commission is mostly disguised as ordinary economic transactions; the tools used to commit them are significantly different from those used to commit other crimes; traces usually remain in various accounting, management or technological documents; the very objects of the criminal offense can be used within the framework of legitimate economic transactions.

Firearms and Extortions in Mexico, 2012 to 2021.

The study of firearm violence in Mexico has primarily focused on homicides and trafficking. Less attention has been given to understanding how firearms affect other crimes and facilitate criminal activity beyond drug markets. By analyzing two questions, this study explores the role of firearms in extortions perpetrated in Mexico from 2012 to 2021. Questions are: What is the likelihood of reporting extortions to the police if offenders exhibited firearms? What is the likelihood of compliance with demands when offenders are armed with firearms? We obtained data from Mexico's National Crime Victimization Surveys and analyzed 2,619 extortions reported from 2012 to 2021. To explore our research questions, we ran two binary logistic regressions. Our dependent variables were dichotomous (reported to police = 1, complied with demands = 1). The independent variables were weapon types (extortions involving firearms as the reference group). We controlled for victim demographics as well as crime characteristics. Our results indicate that 40% of these extortions (n = 1,058) were perpetrated with a firearm. Fifty-two percent of extortions were perpetrated by unarmed offenders (n = 1,348) and 8% (n = 213) were perpetrated with other weapons (no firearms). Models suggest that, when compared to extortions perpetrated by unarmed offenders or those exhibiting other weapons (no firearms), victims of extortions involving firearms are less likely to report these crimes to police, mainly because of fear of reprisal. Similarly, victims are more likely to comply with demands if offenders exhibit firearms. Findings highlight the role of firearms in criminal enterprises and support the need for a comprehensive policy agenda to address firearm violence in Mexico.

Distinguishing criminal offenses committed in a state of great emotional distress from related corpus delicti of criminal offenses

The article examines the positions of scholars, as well as the provisions of current legislation and the draft Criminal Code of Ukraine in terms of distinguishing criminal offenses committed in a state of great emotional distress from related corpus delicti of criminal offenses.
 The author analyzes judicial and law enforcement practice for premeditated murder in a state of great emotional distress, by a mother of her newborn child, and in case of exceeding the limits of necessary defense or in case of exceeding the measures necessary to detain the person who committed the criminal offense.
 The author defines theoretical approaches to the qualification of acts committed in a state of great emotional distress and the position, taking into account the case law, on the distinguishing criminal offenses committed in a state of great emotional distress from related corpus delicti of criminal offenses. It is substantiated that for the correct qualification of crimes committed in a state of strong mental excitement, it is necessary to establish not only the features of the corresponding crimes, but also to distinguish them from the related corpus delicti of crimes, since the type and degree of responsibility of the person for the committed criminal offense, as well as the degree, depend on this punishment, which is imposed in case of finding a person guilty of committing a criminal offense.

A comprehensive study of the main theoretical and practical aspects of the qualification of crimes in the field of economic activity by evaluation criteria

The subject of the study is the theoretical, legal and practical aspects of the analysis and consideration of evaluation features in the qualification of economic crimes. The author, focusing on the key provisions of the theory of criminal law devoted to the interpretation of evaluative features of the corpus delicti, formulates their definition itself, classifying species diversity in relation to the norms of Chapter 22 of the Criminal Code of the Russian Federation. Special attention is paid to the elements of blankness, descriptive and evaluative dispositions of articles providing for criminal liability in the economic sphere of management. The importance of certain conceptual normative legal documents of regulatory branches of law, namely: banking, tax, currency and others for the process of correct qualification of certain types of criminal encroachments is emphasized. Exploring normative acts and scientific works in the context of the stated problems, the author uses as the main method of system analysis, as well as universal dialectical, logical, formal-legal, hermeneutic methods in their entirety that allowed a thorough analysis of the technical and legal basis for the construction of certain types of evaluation features within the framework of Chapter 22 of the Criminal Code of the Russian Federation, subdividing them quantitative (size), qualitative (not measurable in value) and cumulative; substantiate the theoretical and practical conclusions presented in the work, taking into account the latest legislative developments and the practical needs of the law enforcement officer. The work contains the author's approaches to such problems as the concept of qualification of crimes, evaluative features of the corpus delicti, the ways of their clarification and species diversity in the field of qualification of crimes of an economic orientation within the framework of the interaction of the doctrine of criminal law and law enforcement activities are formulated. The proposed innovations of the "basic legal structures" form in their entirety the novelty of the work. In addition, the author proposes the adoption of a separate resolution of the Supreme Court of the Russian Federation containing the basic principles for the use of the category of "evaluation features" within the framework of Chapter 22 of the Criminal Code of the Russian Federation for their orderly interpretation and uniform application.

Criminological Insights: A Comprehensive Spatial Analysis of Crime Hot Spots of Property Offenses in Malaysia's Urban Centers

This study examines property crime trends in Selangor, Kuala Lumpur, and Putrajaya from 2015 to 2020, utilizing Geographic Information Systems (GIS) and comprehensive crime data from the Royal Malaysia Police. It focuses on the relationship between property crime rates and the delineation of police station jurisdictions across Selangor State, Kuala Lumpur Federal Territory (KLFT), and Putrajaya Federal Territory (PFT). The objective is to understand the dynamics of property crime, its evolution, and the influence of the National Transformation Program on crime prevention strategies. By assessing the spatial distribution of property crimes, this research aims to identify underlying trends and the efficacy of hot spot policing. The analysis is underpinned by an extensive review of secondary data from the Intelligence/Operations/Records Division of the Royal Malaysia Police Headquarters, enabling a deep dive into the spatial characteristics of property crime within these regions. The findings contribute to the broader understanding of crime prevention in Malaysia, underscoring the importance of GIS technology and the need for strategic interventions tailored to specific crime patterns. This study provides critical insights for policymakers and law enforcement to formulate evidence-based strategies, enhance public safety, and inform future crime prevention efforts.

Sexual and non-sexual femicide in South Africa: Comparing two studies 2009 and 2017

Sexual femicide, an abhorrent crime, is not well described and reported. The aim of the study was to describe sexual and non-sexual femicide in South Africa and compare the 2009 with the 2017 study presenting sociodemographic characteristics of victims, perpetrators, crime and forensic findings. The same retrospective study design using proportionate random sample of medico-legal laboratories were used. Sexual femicide was identified from autopsy and police reports. Findings show sexual femicide is not rare in South Africa. We estimated 451 (95% confidence interval: 366–533) sexual femicides in 2009 and 210 (95% confidence interval: 176–244) in 2017. Sexual femicides decreased by more than half from 19.1% in 2009 to 8.7% in 2017. We show an increase among younger women, those living in rural areas and strangers as perpetrators. Our dedicated studies show the value of documenting sexual femicides over time in a country with high levels of gender-based violence to assist development of theory-based prevention interventions.

The Main Directions of Using Information Technology in Solving Drug Trafficking Crimes

Introduction: modern society is conditioned by the growth of drug trafficking, which leads to an expansion of the scale and an increase in the rate of narcotization of the most able-bodied and reproductive age groups. Thus, the National Security Strategy of the Russian Federation has determined that one of the sources of threats to state and public security is the activities of criminal organizations and groups engaged in drugs trafficking and psychotropic substances. The use of information technology is crucial in the distribution of narcotic drugs. In order to identify and prevent crimes committed in this way the employees of law enforcement agencies, and primarily, the employees of operational units, need special knowledge in the field of information technology. The improvement of special knowledge used in operational investigative activities, as well as in the preliminary investigation of drug trafficking crimes, is due to the need to develop the methodological recommendations and implement them in practice. The purpose of the study is to identify relevant theoretical and applied problems of methodological support for detecting and solving drug trafficking crimes committed using information technology and systems based on the use of forensic knowledge about the latest computer technologies and information resources. To achieve this goal, it is necessary to solve the following tasks: 1) to consider the main characteristics of crimes related to drug trafficking on the Internet; 2) to investigate the mechanism of activity of online stores selling narcotic drugs; 3) To analyze the problems of counteraction to the contactless method of distribution of narcotic drugs using information technology; 4) to study the main directions of using information technology in solving drug trafficking crimes. Research methods: the nature of the issues under consideration determined the application of a set of complementary research methods: theoretical and empirical. The theoretical methods: the study and analysis of literature, Internet resources. The empirical methods: on the basis of periodicals and in electronic publications on the Internet, to study the latest methods and characteristics of committing crimes in the field of information technology, as well as the methods of their detection and investigation using information and telecommunication technologies and systems by employees of operational units. Generalization method: the conclusions are drawn based on the results of the work as a whole.

Эмодзи-преступления: типология и алгоритмы квалификации

The article offers a systemic approach to the determination of criminal law attributes of emoji as digital symbols of network communication. Referring to the evaluation of their role in the genesis of the criminal conduct, the author singles out three emoji groups: emoji as crime facilitating instruments, emoji as threats and emoji as calls for illegal actions. An analysis of criminal cases is used as a basis to list emoji illegality criteria and develop crime qualification algorithms.

Property crimes committed with the use of information and communication technologies: Criminological and criminal-legal aspects

The article considers criminological and criminal-legal aspects of crimes directed against the property of citizens and committed with the use of information and communication technologies (ICT). In the criminal-legal aspect, this type of crime is studied as crime against property, considering it through the prism of application of the norms of criminal legislation. Criminological understanding of property crime is aimed at studying the characteristics of crime, causes and conditions that contribute to the commission of crimes, the formation and development of the personality of the criminal, victimization aspect of crime, as well as the development of appropriate measures to counteract property crime committed with the use of ICT and the formation of appropriate directions of criminal policy of the state on the basis of understanding these aspects. As a result of the study, it has been established that due to the further development of ICTs, despite the legislative and technological measures taken, property crime committed using ICTs and the material damage caused by them are also predicted to increase. Taking this into account, it is important to continue the criminological study of this type of crime in order to curb the causes, conditions and factors contributing to the growth of this type of crime.

Рецензия на учебник: Правовые и организационные основы борьбы с незаконным оборотом наркотиков : учебник / Н.А. Горшкова, Т.А. Зезюлина, Е.В. Иванова [и др.] ; под общ. ред. М.Л. Прохоровой, А.Е. Михайлова. Москва : ИНФРА-М, 2024. 298 с. (Высшее образование: Специалитет). DOI: 10.12737/1900590

The review analyzes the content of the textbook ‘Legal and organizational foundations of the fight against drug trafficking’, which covers a complex of criminological, criminal law, criminal procedural, forensic, operational investigative and forensic issues in the fight against illegal drug trafficking. It is noted that the textbook elaborates the historical and legal foundations of combating drug trafficking in Russia, makes an attempt to describe the criminological characteristics of crime in this area, provides a criminal legal analysis of crimes in the field of drug trafficking, and conducts a study of the organizational foundations for the detection, investigation and prevention of the above crimes. A number of comments are given.

Murdered Indigenous Women: A Comparison Study of Victim and Perpetrator Patterns and Characteristics.

The rate of violent crimes against Indigenous people, including murder and rape, is significantly higher than national averages. Even more concerning, Indigenous women and girls represent a large proportion of murdered and missing individuals in the United States. In addition to the murder rate of Indigenous women being higher than the national average, they are significantly more likely to experience rape or other types of sexual violence. The main goal of this study was to gain a better understanding of cases involving the homicide of Indigenous women and identify patterns associated with the violence committed against them. Cases of Indigenous women between the ages of 18 and 55 years were pulled from the database. Cases were coded and analyzed for information pertaining to victim, perpetrator, and crime characteristics. Descriptive analysis and test of association were performed. There was a statistical association between the nature of the relationship between perpetrators and victims and whether the crime occurred on a reservation, the race/ethnicity of the perpetrator, a victim's history of domestic violence, and the method and motive of murder. Indigenous women are at an increased risk of victimization, including intimate partner violence and homicide. They also represent a group that has been marginalized, receiving little attention from the media, clinicians, researchers, and policy makers. The findings in this study highlight specific factors that may help to mitigate risk factors and/or enhance culturally competent clinical and forensic nursing practice.

Архитектура международных финансово-экономических отношений и транснациональная организованная преступность в сфере легализации криминального капитала, обращающегося на мировом рынке инвестиционно-финансовых услуг

The article examines the mechanism of interaction between the system of international financial and economic relations and transnational organized crime in the field of legalization of criminal capital circulating on the world market of investment and financial services. The author draws a conclusion about the structural and functional dependence between the architecture of international financial and economic relations and criminological characteristics of transnational organized crime in the field of legalization of criminal capital circulating on the world market of investment and financial services.

Prototypes of Hate and Expectations of the Model Victim.

This research explored the content of hate crime prototypes in a North American context, with particular attention to how such prototypes might influence blame attributions. In Study 1a, participants were recruited from a blended sample of universities (n = 110) and community members (n = 102) and asked to report their thoughts about typical hate crime offenses, victims, and offenders. These open-ended responses were coded, and common themes were identified. In Study 1b, a new group of participants (n = 290) were presented with these themes and asked to rate each for their characteristics of hate crimes. Studies 1a and 1b confirmed the presence of a clear prototype of hate crimes, such that (a) perpetrators were believed to be lower status White men with clear expressions of bias, (b) hate crime offenses were believed to be acts of interpersonal violence accompanied by slurs or verbal abuse, and (c) hate crime victims were thought to be members of a marginalized group who remain passive during the offense. Study 2 explored the consequences of victim prototypes on assessments of victim blame. Participants (n = 296) were recruited from York University and presented with a case vignette that varied the prototypicality of a victim of hate, depicting him as either Black or White and either passive, verbally responsive, or physically confrontational in the context of an assault. Participants showed greatest sympathy for the Black victim who passively ignored verbal harassment but increasingly assigned blame when the Black victim spoke or reacted physically. When the victim was White, participants showed little variation in their assessment of blame as a function of the victim's behavior. These results suggest that Black victims are subjected to greater behavioral scrutiny than White victims and that sympathy for victims of hate may be contingent on their passivity in the face of harassment.

РОЛЬ И ЗНАЧЕНИЕ НАУЧНЫХ ТРУДОВ Ю.М. АНТОНЯНА ДЛЯ ТЕОРИИ ОПЕРАТИВНО-РОЗЫСКНОЙ ДЕЯТЕЛЬНОСТИ РОССИИ

The scientific article reveals the role of the works of Professor Antonyan Yuri Miranovich for the theory of operational investigative activities in the framework of countering terrorist and extremist manifestations on the territory of the Russian Federation, and also indicates the importance of this author's research for the implementation of law enforcement processes for the identification, disclosure, suppression and prevention of crimes related to terrorist activities.
 The paper examines the provisions of the operational investigative characteristics of crimes, where there is a comparative analysis of the positions in this direction of Professor Antonyan Yuri Miranovich and other researchers in the field of countering terrorist activities.
 The article analyzes the elements of the typology of the terrorist's personality, taking into account Russian criminological traditions and the modern approach to the transformation of the criminal's personality.

An Inchoate Crime in Criminal Law: Prospects of a Constructionist Approach

The paper considers the possibilities of solving some problems of crime qualification using the juridicalconstructionist approach. The focus of the legal analysis is on the structural features of a specific normative prescription of the criminal law with the peculiarities of the connections between its elements. First, the author shows how the application of different legal structures to similar facts of the case changes the legal assessment of what has been done from a completed crime through an attempt to commit it and to conclusions about the absence of a criminally punishable act. Second, the author discusses the issue of determining not only the moment of the legal completion of the crime, but also the moment of the legal beginning of the crime to find the boundaries between the preparation for the commission of a crime and the attempt to commit it. The author provides his understanding of the legal structure in criminal law, as well as its content. Using the example of judicial normative interpretation and law enforcement practice, the author proves that legal structures can change, despite the fact that the disposition of an article of a Special part of the Criminal Law may remain unchanged. According to the author, the main work on the description and modification of legal structures is carried out by the Supreme Court of the Russian Federation, including its Plenum. The paper demonstrates positive aspects of the constructionist approach in the legal analysis of an unfinished crime, as well as the difficulties that may be caused by it. For clarity, using the analysis of legal structures, the author elucidates approaches to the qualification of attacks on the life of two or more persons, when one victim was killed, and one or more other victims were not killed due to circumstances independent of the will of the perpetrator. In the process of this analysis, the author demonstrates the distinction between attempted murder of two or more persons and preparations for such a crime, and provides his considerations concerning decisions of the courts of appeal of general jurisdiction.