Extremist Crimes Research Articles

Развитие законодательства об ответственности за преступления экстремистской направленности в период Российской империи (с 1846 по 1917 г.)

In the article on the basis of the analysis of criminal legislation of the period of the Russian Empire from 1846 to the moment of its collapse in 1917 the main regularities of the development of norms on counteraction to acts of extremist orientation (including obstruction of the functioning of banned communities) are outlined. The measures taken by the legislator to prevent the activities of secret societies, as well as to personalize the responsibility of their members are given. At the same time, the analyzed period of development of domestic legislation on criminal liability for extremist crimes is conditionally divided into two stages.

Tactical Features of the Interrogation of a Suspect (Accused) in a Conflict Situation in the Investigation of Terrorist and Extremist Crimes

The article is devoted to the peculiarities of the interrogation of a suspect (accused) in criminal cases of terrorist and extremist orientation. Interrogation is one of the most difficult investigative actions in tactical terms. The investigator or another person who takes testimony from the interrogated has to face a number of difficulties. The article highlights the problematic aspects of interrogation in a conflict situation of both procedural and tactical nature. Forensically, investigative tactics are based on scientifically proved recommendations from various fields of knowledge. The key in the verbal contact of the subjects of interrogation is knowledge from the field of psychology based on the characterological features of the criminal’s personality. The problem of identifying the psychological personality type of the interrogated person is associated with his various behavioral reactions to stimuli, as well as features of world perception, cultural, aesthetic preferences. The article defines the investigative task of recognizing the radical personality of the suspect (accused) to establish psychological contact with him (paranoid, hysteroid, epileptoid, emotive, hyperthymic, anxious and schizoid). Most of the considered tactics and combinations relate to the psychology of the relations of the opposing participants in criminal proceedings. On the one hand, this is an investigator, who must take truthful testimony and, on the other hand, a suspect (accused) who is trying to avoid criminal liability for an illegal act committed or minimize this liability. Tactical interrogation techniques developed in domestic criminology have been clarified by the author of the article and supplemented for the purposes of effective investigation of terrorism and extremism. The proposed recommendations for obtaining testimony can be used not only at the stage of preliminary investigation of crimes, but also during the pre-investigation check.

Digital Space as a Scene of Extremist Crimes

Innovations in digital communications determined a trend for a sustainable causal link between technological diversity and qualitative changes in the mechanism of extremist crimes. Essentially, the processes of global informatization led to a paradigm shift, and the methods of transforming social behavior based on digital communications and social engineering technologies became some of the key elements in influencing the minds of the objects of extremist indoctrination. Due to this, it is necessary to offer a forensically grounded definition of digital space as a scene where extremist crimes are committed with the purpose of developing recommendation for identifying, capturing and systematizing evidentiary and other forensically relevant information, developing a forensic characteristic and then using it to understand the mechanism of suchlike criminal acts. The methodological basis for the research is the general dialectic method of research cognition. Besides, some general and special research methods were used: systemic-structural, formal-logical, statistical, specific-sociological, analysis and synthesis, induction and deduction, analogy. Data consolidation and modelling were also carried out. According to the author, in order to understand the mechanism of trace formation in the digital environment, it is necessary to identify changes resulting from the electromagnetic interactions between the signal and the environment in which the signal was processed, and to understand what factors influenced the process of electromagnetic interactions. Consequently, in order to identify, capture and establish a link between digital traces and electromagnetic interactions, it is necessary to establish a crossover mutual relationship between a computer device, a digital infrastructure element, as well as an event of interest to the subject of the investigation or an action that has left its reflection. For the extremist crimes committed in the digital space, it is expedient that the crime scene should be interpreted as the place where key criminal extremist actions were committed. Essentially, it is the place where extremist content was uploaded, the information and telecommunication network of the digital space was entered, and the criminal action of extremist nature was then committed, regardless of the place where its consequences happened.

Protecting Vulnerable Groups of Citizens from Extremist Crimes: Theoretical and Practical Aspects

This article is devoted to the problems of countering extremist crimes and, in particular, issues of protecting the most vulnerable groups of citizens from this type of crime. The issues of forming various approaches to understanding the definition of “extremism” were considered, definitions of domestic legislation on countering extremism were analyzed, recommendations were given on possible ways to improve it. The issues of the presence of similar regulatory legal acts and legislative structures in foreign practice were touched upon, conclusions were drawn on similarities and differences in the understanding and explanation of the concept of “extremism.” References to current foreign studies on the subject of this work are given . The article defines the concept of interfaith and interethnic harmony, considers their role in countering the ideology of terrorism and extremism. It is concluded that an adequate state policy in the field of countering extremism allows achieving a high level of interethnic and interfaith harmony. Using the example of some religious organization banned in the Russian Federation, as well as the problems of bringing to justice for likes and reposts of materials related to religion, the author considers the negative consequences of disproportionate and excessively strict state policy in the field of countering extremism and suggests changes to the current legal regulation in this area in order to optimize this policy.

The problem of criminal statistical casuistry of the category of "extremist crimes" based on examples of qualitative and quantitative analysis of their indicators.

The subject of the study consists of separate statistical indicators of extremist crimes in their relationship with the formal definition of the list of such acts in Russian legislation. Special attention is paid to various approaches to explaining the phenomenon of extremism by sciences other than criminology; the content of criminal law signs of the phenomenon under consideration; analysis of the place of extremist crimes in the structure of modern Russian crime; the problem of forming objective criminal statistics due to the adoption of novelties of administrative and criminal legislation; issues of registration discipline of this group of criminal encroachments and the latency of illegal acts. The purpose of the presented work is to put forward and verify the hypothesis of the presence of specific statistically significant dependencies in the registration of the phenomenon of criminal extremism and to analyze the impact of the completeness of the data obtained in this way on the conclusions of criminological science. Methodologically, in our theoretical judgments, we relied on the universal method of dialectical materialism. Private methods consisted in using methods of statistical grouping of data, correlation analysis. The scientific novelty of the work carried out consists in the fact that we explained the reasons (origins) of the use of the criminal statistical approach in the formulation of the definition of extremism (extremist activity) by the legislator in 2002. By analyzing various approaches to understanding extremism from other sciences, the inconsistency of other formulations of the concept was determined. From a dialectical-materialistic point of view, a hypothesis has been put forward that criminal extremism belongs exclusively to political crime. They pointed to the limited volume of recorded crimes from the point of view of the "law of large numbers" as one of the main applied shortcomings that arise when analyzing indicators in modern criminological research. They justified the absence of a linear correlation between "prejudicial" administrative offenses and the corresponding extremist elements of crimes, pointing out, however, that the relationship of states between them persists at three analyzed stages. In the conclusions, we pointed out the key problems of the formation of modern criminal statistics in terms of the formation of our objective ideas about the state of the phenomenon of criminal extremism.

Повышение эффективности деятельности органов внутренних дел Российской Федерации по предупреждению и пресечению преступлений экстремистской направленности в сфере межнациональных отношений

The article reviews the concepts of extremist activities introduced by Federal Law No. 114-FZ of July 25, 2002 On Combating Extremist Activities, addresses the need to improve methodological and practical approaches to carrying out activities aimed at combating extremist manifestations. The author concludes that there is a need to raise the efficiency of operations of internal affairs agencies aimed at prevention and suppression of extremist crimes, which should encompass a whole set of events, and ensure due interaction between various security, defense and law enforcement agencies in charge of extremism combating (the Supreme Court, the Federal Security Service, the Federal Service of National Guard Troops, etc.) including with the participation of foreign and international organizations.

ОТЕЧЕСТВЕННАЯ ИСТОРИЯ СТАНОВЛЕНИЯ И РАЗВИТИЯ УГОЛОВНОЙ ПОЛИТИКИ В СФЕРЕ ПРОТИВОДЕЙСТВИЯ ЭКСТРЕМИСТСКОЙ ДЕЯТЕЛЬ-НОСТИ ДО СОВРЕМЕННОГО ПЕРИОДА

The article examines the key historical stages in the formation of domestic criminal policy in the field of combating crimes of an extremist nature. A brief explanation of the circumstances of the emergence of legal acts regulating these legal relations is also given and the phenomenon of extremism itself is examined. The relevance of the topic is due to the increased danger of extremist crimes, both for the individual and for society and the state. Extremism and its propaganda have become a serious threat to the entire modern world community, mainly in the sphere of national and international security. In this regard, there is a need to develop an effective criminal policy in the field of combating crimes of this category. A historical analysis of the phenomenon of extremism itself and the policy of countering it can help with this and lead to further improvement of the mechanism of the state’s response to manifestations of active radicalism in society. The purpose of the study is a historical analysis of domestic criminal policy in the field of combating extremist crimes. The objectives of the study are to study the historical context of the formation of criminal policy in this area and the essence of extremism. The results of the study can serve as a basis for improving legislation in the field of suppressing extremist crimes.

Общественная опасность незаконного оборота пороха и вопросы дифференциации ответственности

The article reveals the features of foreign industry regulation for the purpose of implementing criminal liability for illegal trafficking of explosives and explosive devices in the Russian Federation. The increased public danger of crimes related to the illegal trafficking of such items is emphasized, and their connection with the growth of terrorist and extremist crimes is noted. The paper shows the results of changes in legislation on countering arms trafficking, their impact on the limits and intensity of criminal liability. The shortcomings of criminal law regulation and law enforcement in cases of illegal trafficking of explosives and explosive devices are revealed: the ambiguity of the boundaries of administrative and criminal liability, contradictions in the regulation of gunpowder turnover, the redundancy of criminal repression in conditions of virtually low public danger of gunpowder trafficking by persons who have permission to store and carry weapons and ammunition, the unresolved the level of norms of law and practice of the issue of the seizure of gunpowder from citizens, etc . It is proposed to amend the criminal legislation, clarify the concepts of insignificance and assessment of public danger in the resolution of the Plenum of the Supreme Court of the Russian Federation, and develop methodological recommendations for law enforcement officers.

Уголовно-правовая характеристика преступлений экстремистской направленности, совершаемых мигрантами (на примере хулиганства)

In this paper, the author addresses the coverage of the criminal law characteristics of such a crime as hooliganism. Based on official statistics, the author emphasizes that hooliganism is one of the most common extremist crimes committed by foreign citizens and stateless persons (migrants). According to the author, the analysis of Article 213 of the Criminal Code of the Russian Federation will help to more effectively apply this rule in practice, and competent law enforcement practice on this issue will have a positive impact on the overall prevention of crime in general.

Methodology for Combating Extremism in Cyberspace: Experience of the Shanghai Cooperation Organization

The studies of extremist discourse in cyberspace use set scientific methods to protect traditional spiritual values, such as state sovereignty, human rights and freedoms, historical and cultural heritage. The experience of the member States of the Shanghai Cooperation Organization (SCO) on the implementation of regional international agreements aimed at combating extremism should be applied in the organization of countering extremist crimes committed using digital technologies.Aim . To characterize approaches to combating extremism in cyberspace within the SCO and to determine the methodology for assessing the degree of public danger of manifestations of extremism.Methods. The study on extremism in SCO apply a comparative legal method when posing the problem of criminalization of extremist practices and use discourse analysis of the extremism in cyberspace problem for assessing the public danger of radical ideology.Results. Three groups of methods are used in the fight against extremism: methods of legal regulation, methods of studying and assessing the public danger of extremist materials and methods of scientific research of extremism. Prohibitive legal regulation in cyberspace is applied to media content that, according to the conclusion of linguistic expertise, contains signs of extremist materials. The doctrinal basis for the legal assessment of the linguistic expertise of extremist materials is the socio-legal research conducted in the SCO member states.Conclusions. The propaganda of extremism in cyberspace qualifies as an abuse of freedom of speech, since extremist ideology leads to terrorism. The SCO consensus on the need to combat extremism is based on a scientific methods system for radical ideology research, among which discourse analysis and narrative dialogue research will play an increasing role with the digital transformation.

The Role of Cryptocurrencies in Committing Terrorist and Extremist Crimes in Modern Conditions

Countering and combating manifestations of terrorism and extremism is an urgent and priority task for law enforcement agencies. These provisions underlie the national security of the state, and the fight against manifestations of this kind of crime rightfully deserves the most serious attention. The article presents the prerequisites for the use of cryptocurrencies for criminal purposes, based on the features of its functioning and use. The role of cryptocurrencies in the financing of terrorist and extremist activities in the current international financial and economic environment is indicated. The main problems that law enforcement agencies have to face in identifying and suppressing criminal activity, the financing of which can be organized with the help of cryptocurrencies, are reflected. Substantiated points of view are presented regarding the danger of the spread of cryptocurrencies in crimes of this direction, not only in relation to the Russian Federation, but also to the world community as a whole. The author presents statistical data of the indicated areas of crime and analyzes it. The results of a study by third-party organizations specializing in research in the field of cryptocurrencies are also presented and summarized. Examples of the use of cryptocurrencies to finance terrorist and extremist activities are noted. The ways of solving the presented problems are proposed, taking into account the mechanisms already proposed by scientists for preventing crimes using cryptocurrencies. In particular, the main emphasis is placed on the need to modernize the existing mechanisms of financial control and the reasonable involvement of representatives of large IT companies in this activity, since the main flow of information capable of exposing criminal activity is accumulated by them.

ПРОТИВОДЕЙСТВИЕ ФИНАНСИРОВАНИЮ ЭКСТРЕМИСТСКОЙ ДЕЯТЕЛЬНОСТИ: КРИМИНОЛОГИЧЕСКИЙ АСПЕКТ

Changes in the geopolitical situation and the increased level of extremist crimes are the reason for the close attention of state and public institutions to the problem of reducing the effectiveness of mechanisms for countering the financing of extremism. Quantitative and qualitative aspects characterizing special organized forms of extremist activity at the present stage of society development are characterized by negative trends, which is confirmed by criminological indicators in recent years. The article presents some criminological aspects of countering the financing of extremist activities, in particular — the financing of extremist organizations. It presents a criminological picture of crime associated with the financing of extremist activities, the results of the analysis of law enforcement practice with the identification of the most commonly used methods of financing extremist activities, the system of entities involved in countering the financing of extremism and the main forms of their interaction in order to prevent this criminal activity, as well as predicate offenses.

FEATURES OF THE SUBSEQUENT AND FINAL STAGES OF INVESTIGATING EXTREMIST CRIMES COMMITTED BY YOUTH INFORMAL GROUPS

It is traditional to treat the subsequent and final stages of investigating crimes as secondary ones. They are often considered as stages during which the paperwork is carried out and the evidence obtained is combined into a single system, formalized in an appropriate manner, and in some cases it is enhanced by additional investigative actions. This perception of investigatory stages it is not beyond the reach of reason to suggest and is based on the practice of investigating certain types of crimes. However, the approach to investigation based on such a perception is unacceptable for the investigation of extremist crimes committed by youth informal groups. This is due to the fact that youth informal groups are not limited to committing a single crime and continue their criminal activities even after criminal prosecution against their members. In view of this, at the subsequent stage, the investigator has to detect new crimes in which the relevant youth informal group is involved, as well as persons involved in it. In addition, at the next stage, it is necessary to actively overcome the counter-efforts of the youth informal group in establishing the truth. The purpose of the study is to identify the problems of the subsequent and the final stages in investigating extremist crimes committed by youth informal groups and the ways to overcome them. Materials and methods. The research is based on the practice of investigating extremist crimes committed by youth informal groups. During its course, a set of methods was used: dialectics, deduction and induction, system-activity, forensic situationology. Study results. The complex of problems that the investigator faces when investigating extremist crimes committed by youth informal groups has been identified. Their analysis makes it possible to determine those tactical tasks, the solution of which is able to provide the investigator with evidence confirming the existence of circumstances constituting the committed crime and the involvement of relevant persons in it. Due to this, a set of investigative actions is determined that must be performed when solving an appropriate tactical task. Conclusions. The success of investigating extremist crimes committed by youth informal groups depends on thoroughness of investigative actions carried out by the investigator not only at the initial stage of the investigation, but at the subsequent and the final stages as well. That is why these stages of the investigation should be given attention when creating an appropriate forensic methodology.

Экстремизм в учреждениях и органах, исполняющих наказание: современное состояние, направления оптимизации противодействия

The article deals with the problem of the spread of extremism in institutions that carry out criminal punishment. It is noted that the phenomenon under study acquires new, previously unknown forms that require a symmetrical state-power response. The international and national legal framework defining the methodological foundations of countering crime based on motives of hatred or enmity is presented. The active penetration of extremist ideologies among convicts serving sentences in correctional institutions of the Federal Penitentiary Service of Russia has been demonstrated. Statistical data indicating a significant increase in bringing persons to criminal responsibility for committing extremist crimes are illustrated. In accordance with the Concept of the Development of the penal system of the Russian Federation until 2030, extremism is attributed to the challenges facing the penal system. Priority directions for countering extremist activity in institutions and bodies executing punishment have been identified. It is argued that the central directions of optimizing the counteraction to the spread of extremism in correctional institutions should be the de-determination of extremist activity and the demotivation of extremists.

Criminological features of crimes of a terrorist nature and extremist crimes in the PRC

Terrorist crimes and extremist crimes have created a huge threat to state security, territorial integrity, social stability, economic development and social harmony in China. Persons who commit violent terrorist crimes have the following characteristics: a low level of culture, a decrease in age, an increase in the number of female participants, a low-level profession. The organizational features of violent terrorist crimes are manifested in the following: terrorist attacks by "lone wolves", groups with a free structure and strict organization, a clear trend in the development of the transnational nature of terrorist organizations. Violent terrorist crimes in China, from the point of view of the mode of action, have the following classic features: an explicit political goal, a motive for religious heresy or national enmity, a variety of ways and cruelty of methods of carrying out terrorists of violent terrorist acts. In the terrorist attacks that took place, almost all the criminals fell under the influence of the ideas of violent terrorism before committing the terrorist attack.

К вопросу о понятии мотива религиозной ненависти при совершении преступлений экстремистской направленности

At the present stage, crimes of an extremist nature with religious motives are becoming increasingly common in the Russian Federation. This phenomenon is due to the rapid spread of extreme religious views and ideologies in Russia. According to statistical data of identified crimes of an extremist nature in the Russian Federation, there is a sharp rise. If 2019 was characterized by a decline of 53.8% in the number of detected crimes, then until August 2020 a sharp increase of 44.1% in the number of detected extremist crimes was recorded.

Students’ empathy in the context of extremist risks

In unstable conditions, the scale of extremism as a form of illegal actions tends to grow. The statistical decrease in the number of extremist crimes was the result of legislative changes. In the risk group, there are primarily young people from 18 to 30 years old, who are more susceptible to psychological pressure from extremist and terrorist organizations, and especially the student youth, who have already begun to escape from parental control but still did not achieve the full adult responsibility. Public calls for extremist acts are based on various social-psychological mechanisms of influence and aim specifically at this age group. A low level of emotional intelligence, empathy and psychological well-being is essential for entering an extremist environment. In January- February 2022, a survey was conducted to test the hypothesis of a relationship between the level of empathy and propensity to violent extremism. The article presents the results of this survey, such as the lack of direct relationship between the level of empathy and the age. The survey’s unexpected result is that the general level of boys’ empathy is higher than that of girls, and girls are more likely to be extremist when they have a higher level of empathy. Thus, an increasing level of the youth’s empathy seems to be a way to prevent extremist behavior withing a comprehensive program but not a universal strategy for countering youth extremism. The article can become a basis for an effective pedagogical strategy to prevent extremism and to reduce the youths’ risks of being involved in it. The developed approach should take into account the gender peculiarities of empathy, which influence the manifestations of violent extremism.

Государственно-частное партнерство в предупреждении совершения новых преступлений в местах лишения свободы (на примере общественно опасных деяний экстремистской направленности)

The article presents the author’s vision of the role of public-private partnership in preventing the commission of new crimes in correctional institutions of the Federal Penitentiary Service of Russia on the example of extremist crimes. The dynamics of the growth of extremist crimes in the period from 2002 to 2022 inclusive is demonstrated. The prevalence of AUE ideology in places of detention is shown. It is noted that the current trend of combating various forms of extremist manifestations is represented in a whole set of regulatory legal acts, the main of which are the federal laws «On countering extremist activity», «On the basics of the system of crime prevention in the Russian Federation», the Strategy of Countering Extremism in the Russian Federation until 2025, the National Security Strategy of the Russian Federation. A study of the main determinants of crimes committed on the basis of motives of hatred or enmity has been conducted. The directions of preventing the commission of new extremist crimes in correctional institutions of the Federal Penitentiary Service of Russia, including within the framework of public-private partnership, are presented.

Some Tactical Features of the Search in the Investigation of Terrorist and Extremist Crimes

The article is devoted to the peculiarities of the search in criminal cases of the crimes of terrorist and extremist orientation. The preparatory and working stages of the investigative action are considered, taking into account the need to implement tactical search techniques. When investigating of terrorist and extremist crimes, a search is an unsafe investigative action for its participants, and because of this, recommendations have been developed aimed at suppressing possible threats from persons involved in the committing of crimes. It is noted that these persons may not only attempt on the life and health of the participants of the investigative action, but also provide other counteraction to the search. The importance of participation in the search actions of specialists, as well as their use of technical and forensic means, is determined. Recommendations aimed at improving the efficiency of the search in tactical forensic terms are proposed. It is concluded that it is necessary to plan a search and carefully prepare for it in order to achieve search goals in the detection and investigation of terrorist and extremist crimes.

Terrorism, Political Extremism, and Crime and Criminal Justice

This review focuses on terrorism and extremist crimes, including ideologically motivated hate crimes. Research on these topics has become more rigorous in recent decades, and more scholars have engaged in original data collection. Our assessment found a burgeoning literature that increasingly includes the application of integrated theories, but gaps remain as few studies examine life-course and critical approaches. Our review of the policing of terrorism found a limited evidence base for counterterrorism initiatives. We also found that court/sentencing issues are understudied. We suggest improving data quality in these areas by creating a national data collection protocol on these crimes, enhancing the rigor of offender and victim self-report studies, and requiring more transparency from open-source research efforts. We propose that government agencies fund rigorous evaluations of policing strategies in the terrorism context. Finally, it is hoped that increased access to federal court documents will lead to more scholarly attention on sentencing issues.