Criminal Character Research Articles

Criminal-Law Counteraction to Acts of Terrorism: Main Trends in Russian Research Dissertations (2010-2020)

The threat of terrorism is and will, in the foreseeable future, remain highly urgent for all states and societies. In this connection, numerous problems (including criminal law ones) of counteracting terrorism attract close attention of both Russian and foreign researchers who work in various fields of knowledge. Russian dissertation theses of the past decade are dominated by the idea that acts of terrorism are specific threats to security and present a general (total) danger. It is becoming more and more common within the Russian doctrine to present formalized definitions of terrorism (terrorist activities) in its criminal law sense. On the other hand, a relatively new trend is the research of terrorism (terrorist activities) and its potential consequences within the framework of contemporary global threats, specifically, the analysis of the problem of terrorist activities in connection with the activities of international terrorist organizations. The authors stress that Russian researchers pay much attention to the emergence of potentially new terrorist threats (cyberterrorism, environmental terrorism) and develop counteraction measures. Research of specific manifestations of terrorism is focused on acts of terrorism, which are viewed as the «core» of all terrorist activities. On the other hand, legislative extension of the list of terrorist crimes became an object of close attention for Russian authors. A popular trend in criminal law research is analyzing assistance to terrorism, financing terrorism, public calls for performing acts of terrorism, public justification and propaganda of terrorism. One of the most widely discussed problems is that of criminalizing organized forms of terrorist activities (creation of terrorist groups and organizations, and participation in their activities) and criminalizing the act of international terrorism. A large-scale discussion was connected with the introduction of a norm that established the criminal character of failing to report a terrorist crime. The analysis of Russian dissertation theses devoted to various aspects of criminal law counteraction to terrorism (terrorist activities) of 2010–2020 shows that Russian and foreign research shares key trends. It is concluded that, in spite of some criticism of the corresponding clauses in criminal legislation, most Russian researchers support the hard-line approach to counteracting terrorism. This approach presupposes further strengthening of repressions for crimes of terrorism, reducing or eliminating the possibility of using incentive norms of criminal legislation towards persons who committed terrorist crimes.

Non-Obvious Solutions to the Problems of Countering Crimes by Force

Currently the problem of countering socially dangerous actions is viewed as a national project that declares the right of citizens to safe living conditions. A growing attention is paid to the possibilities that citizens and law enforcers have to lawfully counteract the criminal expansion, to protect themselves and other people through lawful use of force against persons committing dangerous infringements. Besides, the citizens themselves are willing to help law enforcement officers, and both of these groups need secure legislative instruments that authorize inflicting harm on the interests protected by criminal law without fearing legal responsibility. The existing state of legislation and its enforcement cannot satisfy the interests of either those people who show their civic initiative in counteracting the criminal expansion, or the representatives of law enforcement involved in operative measures aimed at indentifying and detecting illegal actions. We believe that the current norms of the Criminal Code of the Russian Federation, primarily the norms of Chapter 8, are obviously not sufficient. Besides, their legislative formulations are far from perfect and make it possible to transfer the guilt for inflicting harm onto persons who inflicted this harm in the conditions precluding the criminal character of their actions. The authors suggest changing the legal regulation of these circumstances in criminal legislation and, on this basis, considerably amending the contents of Chapter 8 with new circumstances with the goal of improving the effectiveness of its practical implementation.

Navođenje deteta na prisustvovanje polnim radnjama - nametnuta i neprimetna inkriminacija

This crime, introduced in our KZ as an obligation a resulting from the provisions of the Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse, has almost no practical significance in judicial practice. This confirms the past 12 years, since it has existed in the Criminal Code, and although by all parameters, given the "nonexistence" of this crime in judicial practice, its decriminalization should be performed, obligations undertailing from the aforementioned Convention do not allow us to do so. But even if we abstrate this fact, we still believe that there are objections that we have pointed to in the work, which the lawmaker has not addressed, and they are in paragraph 1 of this law offence of an essential nature, while in paragraph 2 of this Article, terminological nature. Therefore, in paragraph 1, it is a complaint that allegations of witnessing sexual acts of a criminal character such as rape on the one hand of other punishable sexual acts (adultery with a child, adultery against a powerless person, adultery by abuse of office and illicit sexual activity) on the other hand and especially as a third voluntary sexual relationship. These tentatively stated three types of sex acts cannot be treated in any way together nor can they have the same range of threatened punishment (no matter how much of that range of punishment is). In some future amendments to the KZ, this "anomaly" should be corrected by iciting the child to attend sexual acts such as rape should be incrimination as a more severe form and therefore foresee greater punishment than the existing one. The reason is more than clear and logical, because the presence of a child in the act of rape inevitably creates dangerous and long-lasting consequences for his mental (mental) health. Regarding paragraph 2 of this Constitution, terminologically difficult to subjugation under the notion of forcing a child to attend sex acts. In this sense, corrections should be made that could be in the title of the crime itself, and that correction could be - bringing and forcing the child to attend sex acts.

The latency of crimes against people’s lifе and well-being, that were comitted using firearms

The purpose of this paper is to examine the latentisation of crimes, committed against life and well-being in Ukraine with use of firearms. The task is to assess distribution, specify classification group, find out the causes and prevention measures for such offences. Latent felony offences could be reviewed from criminological, procedural and forensics aspects. Criminological aspect of latent crime perception, as we see it, is the most expedient in terms of general crime research. In criminological aspect latent felonies are determined by a fact of their disregarded nature in crime statistics. Factors of latentisation of crimes with use of fireams are specific for latent felonoes in general, such as: perpetrator’s actions in attempt of hiding the offence and it’s aftermath; unresponsive reaction of LEO’s concerning information about offense. There are also specific conditions related to specific interest of government and LE agencies in protection of lives and well-being of people and informing done in a specific order by hospitals about people with injuries of criminal character, including gunshot wounds. What also counted is negative societal perception on live threatening offences, which leads to it’s cooperation with LE agencies to investigate those felonies. The registration order of firearms, which is done by LE agencies, is also a factor of ceasing of the latent felonies with use of firearms. Analyzing specifics of felonies against life and well-being with use of firearms on territories of Joint Forces Operation in Donetsk, Lugansk and Crimea, that temporarily out of Ukrainian control. Counting classification of latent crimes, depending on level of their latency, crimes against life and well-being with use of firearms could be put in the group of leat latent crimes

Desistance, persistence, resilience and resistance: A qualitative exploration of how Black fathers with criminal records navigate employer discrimination

While research suggests a growing proclivity amongst contemporary fathers towards emotional involvement and child caregiving, studies indicate that most men still experience unrelenting pressure to provide financially for their family. For some fathers, the ability to spend time with their children is contingent on financial provision. Fathering, therefore, can be dependent on employment. The intersection of Blackness, maleness, and a criminal record, however, often results in employer discrimination, which hinders reentering Black men’s ability to secure legitimate revenue streams and achieve fathering expectations. In response to these barriers, many men agentically create opportunities for themselves in order to provide for their families. Framed using Sites of Resilience and Posttraumatic Growth, the current study draws from qualitative data and adds to the literature by focusing on the act of hurdling rather than the hurdles faced upon reentry. Findings demonstrate how hustling upon reentry is not a display of persistent criminal character but, rather, reflects a resilient response to systemic racism and blocked opportunities. The discussion on policy implications is led by participant suggestions on how to deter criminal activity while providing opportunities for men with criminal records to support their families.

Вопросы квалификации превышения пределов необходимой обороны

The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The paper criticizes the existing approach and offers ways to solve the indicated problems including by means of amendment of resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of September 27, 2012, On the Judicial Application of Laws on Justifiable Defense and Causing of Damage in the Course of Detention of a Criminal. The authors suggest a means of possible reconstruction of the corresponding provisions of Article 37 of the Criminal Code of the Russian Federation in view of ambiguous and often inconsistent practice of application of criminal law provisions on justifiable defense.

The SS in heavy metal lyrics

The article seeks to examine why heavy metal bands used history and imagery associated with the ‘Schutzstaffel’ (SS). This includes the reasons for the focus on this particular organization as well as the intentions behind it: are compositions about historical facts or rather fictitious topics, that is, are they an accurate analysis, a provocation or just entertainment? The article takes a closer look at the historical background and the content of the songs; it also questions the awareness of the criminal character of the SS displayed by the musicians. The time span covered by the songs in question reaches from the mid-1980s to the early 2000s. Thus, it can be asked if the attitude of musicians changed over time and if they included the current state of research in their lyrics.

Reasons for justification and contraindications to criminal liability

A crime is a physical entity, and a moral entity, so the criminal behavior carried out by the perpetrator represents the physical entity, and results in a criminal act that is punishable by law, according to the legal texts regulating that, and in the absence of a text that criminalizes an act, this act is permissible based on the legal rule. There is no crime or punishment except by a text.” In addition, the criminal characteristic is removed from it, and this act is justified, which is called the reasons for justification. Thus, the reasons for justification are material circumstances that occur to the criminal act at the time of its commission, removing the criminal character from it, and making it a “permissible” lawful act.

Karać czy zasądzać — dylematy towarzyszące odpowiedzialności karnej za zniesławienie

The Polish debate concerning the appropriate scope of freedom of expression and freedom of the press has a long history dating back almost 30 years. One of the crucial points in this debate is the criminal character of defamation in Poland. The text attempts to present the contemporary Polish legal regulations on defamation and also mentions some foreign solutions. The author analyses the normative notion of freedom of expres-sion in Polish constitutional circumstances and within the light of national and inter-national jurisprudence, concerning the limits of state intervention into the rights of free expression. The article postulates changes in the Polish regulations, at least the removal of restrictions and imprisonment from the Penal Code. Instead, the civil procedure shall be reformed to become friendlier and accessible for victims of violations of their per-sonal dignity and the public picture. The prospects for this to occur in the existing Polish political reality are rather doubtful.

Corruption in Organizations in a Materialistic Social Context: How to Make People Aware of Its Criminal Character Through a Feeling of Guilt

Corruption in Organizations in a Materialistic Social Context: How to Make People Aware of Its Criminal Character Through a Feeling of Guilt

Criminological profile of a perpetrator of a high treason

The article presents the analysis of specific criminological features of the persons who have committed high treason in order to know their typical criminological profile. For the purpose of that, 39 court decisions of the Unified State Register of Judgments (hereinafter: USRJ) of Ukraine, which were made against persons who committed this type of crime, were examined. Socio-demographic (gender, age, education, nationality) and criminal-law (motivation of the criminal behavior, single or group criminal character of criminal activity, duration of criminal activity, presence or absence of criminal record, etc.) were estimated in investigation. Generalization and interpretation of the results of court decisions made it possible to simulate a typical criminological profile of the perpetrator of the state treason and to identify certain specific characteristics of the subjects of this crime. It is concluded that knowledge of the criminological profile of the state traitor is of great importance for the profile of criminals by law enforcement agencies, which are empowered to prevent crime in the field of national security.

Проблемы регламентации нормы об отсрочке отбывания наказания лицам, имеющим малолетних детей

Article is devoted to a research of some problematic issues of a regulation of standard of Article 82 of the Criminal Code of the Russian Federation. Doctrinal approaches to definition of the legal nature of a delay of serving sentence are considered and the conclusion is drawn that it is other measure of criminal character which represents a special type of test at which potential execution of a sentence is put into dependence on observance by the convict in the period of a delay of duties of the family and legal or medico-social nature. Suggestions for improvement of standard of Article 82 of the Criminal Code of the Russian Federation regarding failure to provide a delay by the convict who committed crimes in the conditions of dangerous or especially dangerous recurrence, updating of the list of corpora delicti of terrorist orientation at which commission the delay of serving sentence is not granted, etc. are proved.

Cauzele justificative și transmiterea unor boli infectocontagioase

In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.

Vectors of the Criminal Policy of Legal Regulation of Ccircumstances That Exclude the Criminal Character of an Action

At the current stage of social development, the protection of the interests of a person, society and the state from publically dangerous infringements is reaching a conceptually new level. Russian and foreign legislation, as well as theoretical publications, are paying more and more attention to the possibilities of the lawful infliction of harm under the circumstances that preclude the criminal character of an action. The abovementioned norms have a special place in criminal or other legislation because they contain clauses that allow inflicting harm on public relations protected by criminal law. Criminal legislation, recognized worldwide as penal in its essence (e.g. the Penal Code — «penal» being the synonym of «retributive», «punitive» and «vindictive») still contains a specific chapter devoted to such circumstances and includes norms that define the conditions and grounds for inflicting harm on public relations protected by criminal legislation, and this harm is recognized as lawful and even publically beneficial. These norms should be viewed as a specific legal phenomenon not only in Russian, but also in foreign criminal legislation and other types of legislation. However, the analysis of law enforcement practice does not allow to judge the effectiveness of their use by both law enforcement employees and citizens who protects their lawful rights and interests against publically dangerous infringements or engage in other publically beneficial behavior. In our opinion, the problems of law enforcement are connected with legislative support, and specifically with the area of substantive law. The authors of the article summarize many possibilities of using the norms of Chapter 8 of the Criminal Code of the Russian Federation that have not been realized yet. They take into account and stress the isolation and independence of these norms, the necessity of their presence and reflection specifically in the criminal legislation. The authors also recommend to change the method of legal regulation of the circumstances that preclude the criminal character of the action and to use it as a basis for introducing significant changes in the contents of the abovementioned norms with the aim of improving the effectiveness of their enforcement in practice.

Prospects for Expanding the Subject of Penal Law

The paper notes that the issue of the independence of penal law as a branch is not relevant; still the issue on the subject of this branch of law, which is understood in a narrow (classical) and broad senses, remains acute. The classical definition of the subject consists of social relations arising in the execution of all punishments, and now other measures of a criminal law nature. Currently, scientists are increasingly talking about the need to expand the subject of penal law due to the inclusion of public relations in the execution of measures of restraint in form of detention and house arrest; assistance in social adaptation of the persons released from serving of punishment and other measures of criminal legal character; and when applying the non-punitive means of influence on prisoners.The author does not agree that the penal law should regulate only punishments and other measures of a criminal legal nature, which are a form of realization of criminal responsibility. In this regard, compulsory medical measures, confiscation of property and a court fine cannot be considered as such. If we consider criminal responsibility in a broad sense — as having a coercive rather than punitive character, then all measures of a criminal nature should be covered by it and be the subject of this branch of law. Penal law is not penal executive law but penal law.The paper notes that not legally, but practically, the execution of detention and house arrest is included in the subject of penal law, as they are executed by institutions and bodies of the Federal Enforcement Service and are included in the course of penal law at the Russian Federal Enforcement Service universities. The author of the paper admits that these preventive measures may be the subject of penal law, which, as in relation to criminal law, is the executive branch in relation to criminal procedure law.Many scholars believe that post-penitentiary relations are the subject of penal law. Agreeing with them, the author of the paper believes that in this case it is necessary to provide for the purpose of penal legislation — the resocialization of convicts, which includes correction, preparation of convicts for release and their social adaptation after release from punishment. As an example, the author refers to the regulation of such relations in the Penal Code of the Republic of Belarus and Ukraine.Thus, the subject of penal law should be the criminal executive social relations that develop in the implementation of compulsory institutions of criminal and criminal procedure law, having an executive direction.

FORMS OF AND THE FIGHT AGAINST ORGANISED CRIME IN POLAND BEFORE 1990

The phenomenon of organised crime in Poland is not, contrary to frequently expressed views, characteristic only of the situation that arose after 1990. Considering historical sources, one can refer to well-organised groups of criminals who committed crimes in medieval Poland. Criminal associations characterised by a certain hierarchy and structure threatened the safety of travellers, carried out attacks on villages and were a threat to urban residents. During the partitions, organised criminal structures occurred mainly in the Russian and Austrian partition. In judicial chronicles, there were perpetrators creating bandit groups and strong structures of pickpockets as well as those dealing with various types of economic fraud and extortion. The problem of organised crime intensifi ed after regaining independence in 1918. The inconsistency of the legal system and weak institutions of public order protection created great opportunities for both criminal offences and economic crimes. From the 1920s, large expenditures on the development of modern economic areas (Gdynia, the Central Industrial District) became a temptation for well-organised groups to take advantage of the situation for their own benefi t. Within the structures of law protection institutions, no specialised unit for fi ghting criminal groups was created until 1939. Central and local cells of the investigative service mainly dealt with organised gangs. After the Second World War, the shaping of the criminal environment was fi rst infl uenced by huge groups of inhabitants displaced from the former Polish eastern borderlands, the general expansion caused by military operations, and ineffective law enforcement agencies. Thus, initially, the most powerful organised groups were those of criminal character. The separation of the Polish economy from open markets and economic imbalance caused the emergence of various organised crime gangs committing economic crimes ranging from smuggling and illegal trade in foreign exchange to large criminal groups at the interface between the socialised and private economy. Within the militia, which was responsible for combatting criminal offences until 1990, no units specialised in the fi ght against organised crime did not come into their own. As part of their competence, the criminal investigation department, in particular, the fraud squad and investigative service, dealt with organised crime.

STUDY OF PSYCHOLOGICAL CHARACTERISTICS OF ADOLESCENTS TENDING TO VICTIMAL BEHAVIOR IN VIRTUAL SPACE

The article considers a victimal behavior of teenagers in virtual space as a form of activity of teenagers in virtual space characterized by antisocial orientation in Internet communications and resulting in the formation of a status of the victim at a teenager. In an empirical research it was tracked that teenagers with high level of victimization, who display themselves in virtual space, are characterized by: a high level of acceptance of the Internet as living space, aspiration to stay in the Internet environment for a long time (U=92, р =, 042); they are focused on people’s assessment of their information in the network (they are concerned about quantity of likes, comments under their records, often join the most prestigious groups, participate in the most rating actions organized by administrators of communities on social networks, etc.) (U=100.5, р =, 053); Distinctions are reliable at р ≤ 0.05. The results of carrying out the correlation analysis (a parametrical criterion was a coefficient of correlation of Pearson (rxy)) showed that victimal teenagers in network communication show: a motive of personal space in virtual space due to creation of personal closed pages online, seek for violation of norms of communication in network; feeling of belonging to network culture, prove installation on self-identification with already existing images of characters of network games, accept the Internet as living space, are guided in their behavior by the social approved actions in the Internet network. On the basis of the results of one-factorial regression analysis it was succeeded to establish that a realized victimal behavior of teenagers statistically significantly influences their communicative installations realized in virtual space "orientation" (R2=0.319; p=0.000) and also on motives to the actions having criminal character (fraud) (R2=0.426; p=0.000).

Иные меры уголовно-правового характера в Российской Федерации и Республике Корея

Иные меры уголовно-правового характера в Российской Федерации и Республике Корея

Targeted Financial Sanctions of the United Nations and the European Union: Attribution of Criminal Character

[full article and abstract in Lithuanian; abstract in English]
 The article analyses the character of the targeted financial sanctions as imposed by the United Nations and the European Union. The article portrays that United Nations and European Union institutions, the Court of Justice of the European Union and part of the scholars do not recognize the criminal character of the measures currently, and arguargues that in the context of the international human rights law these measures shall be considered of the criminal character.
 Summary
 The article analyses whether targeted financial sanctions as imposed by the United Nations and the European Union shall be considered of criminal character. The article portrays that United Nations and European Union institutions, the Court of Justice of the European Union and part of the scholars do not recognize the criminal character of the measures. The article argues this position cannot be considered as well-grounded and that the measures, as being imposed for serious offences and causing very serious indefinite long-term effects on subject’s life and activities, on the scope of fundamental rights and freedoms, shall be considered of criminal character.

Kilka uwag na temat istoty tzw. błędu co do prawa (rozważania na tle polskiego prawa karnego)

This paper tries to answer the question whether in order to exclude the criminal character of the perpetrator’s behaviour on the basis of Article 30, first sentence, of the Criminal Code [CC] it is enough that he/she be only (justifiably) unaware of the unlawfulness of that behaviour or whether in order for the provision to be applied it is necessary that he/she have a (justified) mistaken belief that a given behaviour is lawful? The findings presented in this paper were made on the basis of: (1) an analysis of normative material relating to the examined matters, more specifically, an analysis of the Act of 6 June 1997 – Criminal Code (Polish official journal Dz.U. 2018, item 1600 as amended); and (2) an analysis of views expressed in criminal law literature and case law. The conclusion drawn from the analyses is that on the basis of Article 30, first sentence, CC we do not have an actual case of departure from the ignorantia iuris semper nocet principle. In this case, ignorance of law is not excused. What is excused is only a mistaken belief about the law, which is only accompanied by the ignorance of law (being unaware of what the law actually is).