Intentional Crimes Research Articles

이른바 ‘정범 배후의 정범’에 대한 일고(一考) - ｢국제형사재판소에 관한 로마규정｣ 제25조 제3항 ⒜의 해석과 관련하여 -

According to Article 25 ⑶⒜ of the ICC Statute, indirect perpetration requires that the perpetrator commits the offence ‘through another person’, regardless of whether that another person is criminally responsible. In this regard, the decisions of the ICC note that, the provision appears to contemplate two possible forms of indirect commission: one arising from a person as a mere instrument who does not bear criminal responsibility and another brought about by a criminally responsible person charged with an intentional crime (‘the perpetrator behind the perpetrator’). Furthermore, the ICC interprets the concept of ‘the perpetrator behind the perpetrator’ to include using an organised apparatus of power for making another person commit a crime (‘perpetrator’s ccontrol over an organisation’). Such an interpretation is based on the terms of of Article 25 ⑶⒜ of the ICC Statute, but above all, it is meaningful in that it values the aims of of the ICC Statute. Such teleological interpretation is thought to have great implications for understanding the characteristics of the perpetration by means, but it would be difficult to recognize ‘the perpetrator behind the perpetrator’ as a form of indirect perpetrator pursuant to Article 34 ⑴ of the Korean Penal Code. However, if the conceptual extension of an indirect perpetration is considered to affect the aggravated forms of abetting the commission of a crime under Article 34 ⑵ of the Korean Penal Code, ‘the perpetrator behind the perpetrator’ can be discussed as indirect perpetration pursuant to Article 34 ⑵, so to speak, as indirect perpetration in a broad sense.

Dysfunctions of Relations to the Social Environment in the Context of Social Reintegration Disorders of Persons Released from Places of Deprivation of Liberty

Social environment is essential for social reintegration of convicts. At the same time, legal psychology lacks explanations of social psychological aspects of reintegration, the function of relationships . This study provides empirical data to make up for the lack of this information. The purpose of the research is to study the role of relations to social environment in the violation of reintegration of persons subjected to administrative supervision. The method of data collection is a survey. The functions of relationships to social environment in supervised persons, as well as personal, interpersonal and social causes of reintegration disorders are studied. The data are processed by the procedures of descriptive statistics, differences are identified by the Kruskall-Wallis criterion, and the functions of relationships are assessed by regression analysis (GLM mediation models). The study sample consists of 695 people, 260 of whom are classified as persons with law-abiding behavior (mean age — 32 .3 years, SD = 9.3 years; men — 77 %). The remaining part is made up of persons under administrative supervision, of whom 243 persons are under administrative supervision. — convicted for a single intentional crime (cf. age — 34,5 years, SD = 9,54 years; males — 77 %); 192 persons convicted more than once, including recidivism (cf. age — 40,2 years, SD = 9,35 years; males — 83,2 %). The results indicate that functional characteristics of attitudes to social environment are indicators of interpersonal and social causes of violation of reintegration of supervised persons into society. New information about the functional of relations to social environment was obtained, their influence on overcoming difficulties and problems related to reintegration was revealed.

TRAFFIC CRIMES

The topic of traffic crimes is a growing concern in many countries, including Brazil, due to serious accidents, injuries, and deaths resulting from violations of traffic laws. The aim of this work is to analyze the characteristics and main differences between intentional and negligent crimes, as well as their application to traffic offenses. The distinction between intentional and negligent crimes in traffic offenses lies in the presence or absence of intent, which is the deliberate and conscious will to commit the crime, according to current legislation. The classification of a traffic offense as intentional or negligent depends on a detailed analysis of the circumstances of each specific case, taking into account factors such as the conduct of the agent, the resulting outcome, the causal link, and the agent’s culpability, based on court precedents. The development of this work highlights that traffic offenses are classified in the Brazilian Traffic Code (CTB) and can be categorized as intentional or negligent, depending on the conduct of the agent and the resulting outcome. Intentional crimes occur when the driver acts with the intention of causing the outcome, while negligent crimes occur when the driver behaves negligently, recklessly, or in an unskilled manner, resulting in a traffic accident. The reference work used in this study emphasizes the importance of considering the presence or absence of intent in differentiating between intentional and negligent crimes in traffic offenses and underscores the need for an individualized analysis of each case. This research employed a bibliographic review methodology, which was essential to provide a theoretical foundation for the study and identify gaps and research opportunities on this topic. In conclusion, the application of intent or negligence to a specific case will depend on the evidence presented to the judge, both by the Public Prosecutor’s Office at the time of indictment and by the defense during the presentation of the response to the charges. Thus, the classification of the conduct ceases to be of an objective nature and becomes subjectively evaluated by the judge.

Analysis of Rehabilitation and Treatment Strategies for Violent Offenders in Light of Criminal Psychology Doctrines

The purpose of this study was to analyze rehabilitation and treatment strategies for violent offenders in light of criminal psychology doctrines. The present research is qualitative, based on a descriptive-analytical approach. The method for gathering information and data in this study is library-based. The tool used under such a method is note-taking. This study initially describes and introduces the major and key concepts of the discussion to avoid redefining them during the primary analysis. This section details two main themes of the discussion: mental illnesses and violent crimes, along with their respective details and attachments. The next section aims to address the role of mental illness from a legal perspective, along with legislative, preventive, punitive, and other aspects of violent crimes within the framework of law and punishment. According to Article 203 of the Criminal Procedure Code, “In crimes punishable by death, amputation, life imprisonment, or fourth-degree or higher discretionary punishments, as well as in intentional crimes against physical integrity, for which the compensation (diyah) amounts to one-third of the full diyah or more, the investigating judge is obliged to issue an order to establish a personal file for the accused with the social services unit during the investigation process.” This personal file, separate from the criminal file, includes: (a) a social worker’s report on the financial, family, and social situation of the accused, and (b) a medical and psychiatric report. Additionally, under Paragraph (c) of Article 279 of this code, a summary of the personal file or the mental status of the accused is one of the elements to be mentioned in the indictment. The legislator implicitly addressed the issue of creating a personal file in several articles of the Islamic Penal Code, including Article 18, which states: “Discretionary punishment is a penalty that does not fall under the categories of hudud, qisas, or diyah and is determined and implemented by law in cases of the commission of religiously prohibited acts or violations of governmental regulations. The type, amount, method of execution, and regulations concerning mitigation, suspension, termination, and other discretionary rulings are determined by law.”

Analytical Examination of General Malice in Light of the Material Element of Crime

Criminal law scholars have assigned a chapter to the degrees of malice in their writings and have addressed several topics under it. What comes to mind from the expression "degrees" is the division of malice based on intensity and weakness. However, with a little reflection on the examples of criminal intent, it can be understood that criminal intent is essentially devoid of intensity and weakness. The question raised in this study is: what is meant by general criminal malice in criminal law? The author believes that general criminal malice in criminal law refers to the perpetrator's intent to commit the act. This research aims to identify general criminal intent and its position in the criminal liability of offenders and seeks to examine general intent as one of the elements of the material element of the crime. This research uses a descriptive-analytical method and relies on library tools, journals, and articles. In general, it can be acknowledged that general criminal intent or the intent to engage in criminal behavior is one of the fundamental and important characteristics of intentional crimes, and without it, the realization of intentional crime is negated. On the other hand, in some classifications, what is defined is not criminal intent but rather a weaker mental state than intent, which is included in the realm of criminal mistake, or for certain reasons, it has been classified under criminal intent.

Porovnání zániku služebního poměru vojáka z povolání a skončení pracovního poměru zaměstnance coby možného následku pravomocného odsouzení v trestním řízení

This study is focused on the consequences of a final conviction in criminal proceedings on the military service of a professional soldier in comparison with the employment of an employee. To provide a better understanding, a basic description of termination of both relationships is offered prior to examination of the main subject of the paper. Further on, the consequences of a final conviction in criminal proceedings on the military service of a professional soldier and on the employment of an employee are reviewed with a finding of great similarities. First of all, before the very formation of the relationship, a candidate’s clean criminal record is a must-have in case of military service and might be a must-have in case of some (specific) employment. Secondly, in case of a conviction and sentence to imprisonment (with no specific length of imprisonment) for an intentional crime, a professional soldier must be dismissed from the military service but an employee may (in regular cases) be dismissed only if they are sentenced to imprisonment for six (or twelve) months for an intentional crime. Finally, the study offers proposals de lege ferenda. One of them is to remove the necessity of giving a convicted soldier an extra two months after the final conviction is delivered by court before soldier’s military service is terminated. Another is to dispose of the limitation for the employer consisting of the prohibition of termination of employment with protected employees (pregnant employee, employee on maternity or paternal leave).

Důsledky trestního řízení pro postavení zaměstnanců veřejné správy

Laws regulating the legal status of individuals who professionally perform tasks of public administration (such as civil servants, police officials, appointed or elected representatives of administrative authorities, etc.) impose certain requirements on these individuals. One of these requirements is criminal integrity, which means that these individuals should not have a criminal conviction. The laws regulating the legal status of various categories of public employees differ in terms of whether they prohibit individuals convicted of intentional crimes from performing public tasks, or if they also include individuals convicted of criminal negligence. Furthermore, different laws handle the consequences of initiating criminal proceedings differently. This paper examines the laws that regulate the legal status of different categories of public employees and highlights the common elements and differences among these laws. The analysis concludes by outlining general rules that should be applied to all public employees.

Причинная связь в уголовном праве Германии

Criminal jurisprudence in Germany from the end of the 19th to the present day follows to the theory of equivalence of conditions (sine qua non) in understanding causation. Special rules have been developed (exceptions to the theory of equivalence) which make it possible to impute causation in the case when harm is caused by several persons (alternative causality, hypothetical causality, unintentional co-causation). In theory, the doctrine of the equivalence of conditions is supplemented by the doctrine of a «natural cause». The cause must be not only necessary for the result, but also sufficient in the context of the natural sciences. Unlike Russia and England, Germany distinguishes between causation and its «objective imputability» (beyond causation) as an independent element of actus reus. The question of the need to establish the «objective imputability» of causation in the commission of an intentional crime remains debatable; jurisprudence proceeds from the fact that causation based on sine qua non rule is sufficient to impute the result. When establishing the «objective imputability» of a causation, value judgments are used; the materiality of causation, the acceptability of risk, and the balance of interests must be proven. Unlike England, the ethical criterion (blameworthiness etc.) is not taken into account when imputing causation.

Лишение статуса адвоката как последствие его привлечения к уголовной ответственности

In the article, the author reviews consequences of bringing a lawyer to liability in the form of deprivation of the right of representation in court in the lawyer status. Special attention is paid to an analysis of the latest legal positions of the Constitutional Court of the Russian Federation with regards to the disproportion in the establishment of a permanent prohibition against carrying out of attorney activities in the event that an attorney is acknowledged guilty of an intentional crime. The author uses such analysis as a basis to conclude that the acknowledgment of this provision of the Federal Law on Legal Practice and Advocacy as unconstitutional is controversial. On the one hand, the government has solved the legal uncertainty and introduced constitutional protection of labor rights of disbarred citizens. But on the other hand, the legal community has lost a very powerful means of preventive and to some extent punitive impact on its representatives, whose intentional crimes did not only cause damage to their reputation but undermine the general trust of the society in the institution of advocacy.

Study of Sentencing Factors in Intentional Crimes from the Perspective of Victimology

In traditional criminal justice system, the victim was often viewed as insignificant and marginal. However, victimology has emerged as a field of study that aims to examine the impact of victims on criminal behavior, reposition the victim's role in penal theory, and consider the victim's “Schutzwürdigkeit” and “Schutzbedürftigkeit”, which means the worthiness and need for protection, as important factors in determining the culpability of the accused. While victimology has gained more recognition in the field of negligence in penal theory, it may not be suitable as a universal principle for legislation, interpretation, and incrimination in intentional crimes. Moreover, the role of victimology in the field of sentencing remains to be explored. This study proposes to use the victim criterion as the theoretical basis, and use the time of victim involvement as the criterion to differentiate the victim’s action into the victim's fault, as well as victim self-involvement in risk. Further abstract the behavior patterns of the victim’s fault and the boundaries between self-perilous participation and consensual other-peril. These factors could be integrated into the current sentencing system to develop a theory model with the function of guiding practice and explore the richer possibilities of penal victimology in China.

CRIMES MILITARES DOLOSOS CONTRA A VIDA DE CIVIL: ATRIBUIÇÃO INVESTIGATIVA DA POLÍCIA JUDICIÁRIA MILITAR

The Federal Constitution (FC) in its art. 144 established the duties of public security bodies. Ordinarily, the work of the judicial police was the responsibility of the Civil Police of the States and the Federal Police, however, there is an exception, provided for in §4 of the aforementioned constitutional article, where, when establishing the attributions of the Civil Police, the constituent excluded investigations of military criminal offences for this body. Those are carried out by the Military Judiciary Police. Throughout the 1990s, a series of events involving military police officers in the death of civilians led to a change in military criminal legislation through Law 9.299/96, which altered the competence for judging intentional military crimes against civilian life, shifting that of military justice to common justice. This shift in competence led to an interpretation that intentional crimes against civilian life committed by state soldiers would no longer be military crimes. This fact led the Association of Police Delegates (ADEPOL) to question the constitutionality of Law 9.299/96, in particular the amendments to art. 82 of the Code of Military Criminal Procedure, which made it clear that the change established in the forum did not alter the nature of military crime and, therefore, maintained the attribution of judicial police in the military sphere. The STF understood that the aforementioned article and its amendments were constitutional, however, the subject was not extinguished, the consequences of this matter reverberate until today, more than 25 years after the enactment of Law 9.299/96, where the discussion of who should conduct the police inquiry is still fierce, with inquiries being instituted both in the civil police and in the military police, when the fact involves a crime against the life of a civilian committed by a police officer.

Causation in French criminal law

The sine qua non theory, which dominated for a long time to determine a causation in the French criminal jurisprudence, remains working now. At the same time, the imputation to an individual of consequences caused without intention after the reform of 2000 is made dependent on whether the causation was direct or indirect. In the case of indirect causation, the criminal liability of an individual occurs only in the presence of qualified guilt, which can be either mixed mens rea (knowledge and negligence in one crime), rejected by the Russian doctrine, or a special gravity of acts at the time when they were committed. For Russian jurisprudence, the experience of France can be useful due to the different understanding of causality in the commission of an intentional crime and crimes with other forms of mens rea, and also in the context that the sine qua non theory is insufficient to determine the imputable causation. The opportunity implemented in France to regulate the issue of causation by legislative means is also of theoretical and practical interest.

Is the punishment imposed on women for committing intentional crimes consistent with the principle of justice?

The article considers the question of compliance with the principle of justice of the punishment imposed on women for committing, first, intentional crimes. The purpose of the study is to identify the causes and conditions that contribute to the fact that the court imposes a milder punishment on female persons than on male persons, thereby showing not only humanity, but also leniency. The main scientific methods for the study were chosen analysis of the norms of the Criminal Code of the Russian Federation, analysis of the judicial practice of courts of general jurisdiction based on the results of consideration of criminal cases. The positions of domestic and foreign scientists who had previously considered similar aspects in their works were studied. During the study, it was found that the courts resort to mitigation of punishment since women have dependent young children, and the very fact of their presence is also a mitigating circumstance. But at the same time, the Criminal Code of the Russian Federation does not consider such an important factor as the maintenance and upbringing of a minor child, which, in the author’s opinion, is necessary and important. Since it is necessary to exclude cases of leniency to those who are not engaged in the development and upbringing of their children. The problem is also those cases when the court appoints, in the opinion of the author, a mild punishment for crimes committed with extreme cruelty, sadism and bullying. This can only give rise to impunity and permissiveness among women, which in the future will lead to grave consequences for the institution of the family, society and the state. In general, such a humane approach for women goes against the principle of justice and even the principle of equality of citizens before the law. The author summarizes the need to make appropriate changes to the Criminal legislation of the Russian Federation to bring the norms of criminal law in accordance with the principle of justice and to prevent new crimes.

Public health equity in information asymmetry – phenomenological studies upon SARS-CoV-2 supervirus mutation

In the context of SARS-CoV-2 crises, the phenomenological studies analyze the market phenomenon of People’s Republic of China (PRC) in public health. With PRC’s diplomatic behaviors around the national, international, and global public health crises, the phenomenological occurrence was further questioned into on accounts of genetic engineering, PRC’s top-down behaviors, and financial and non-financial incentives in public health inequality with its declared universal healthcare coverage. The phenomenological studies further the evidence chains on the PRC governmental bodies’ purposeful and intentional crimes against humanity, with the public health system they designed to hide criminal evidences in the clinical evidence chains. Albeit it is paramount for the medical professionals to prepare for a certain but unforeseeable surge of biomedical intrusion, the phenomenological studies call for military interventions on the humanitarian catastrophe that have twice in three years caused unnecessary sufferings regionally and globally. Without it, the world can only wait to detect Chinese passengers’ carriers instead of obtaining firsthand data, potentially leading to more deaths and mutation risks. Only peace-building and government reformation on democratic basis in the region can solve the humanitarian crisis once and for all. No scientific evidence establish the virological homogeneity between SARS-CoV and MERS-CoV, and the politicization of the HIV-1 homogeneous virus underlies the 2002 - 2003 outbreak that caught international attention. The long-term PRC derogation on the global institutional determinants of health has led to the global mandates of poisoning by “vaccination”. The viral RNA origin is inferred to mutational result of PRC’s nuclear weapon tests.

Man in the macro- and microenvironment, the captivity of obsessions and to himself: features of the origin and the formation of criminal motivation (sociological, psychological and criminological aspects)

Based on an interdisciplinary approach, the article examines the peculiarities of a person’s thinking and behavior, depending on the level of involvement and the nature of his relationships in the macro- and microenvironment, as well as during the period when he is in captivity of obsessions (obsession) or himself; examines the stages of a person's mental activity when he has the idea of committing a crime, and the reasons that gave rise to it; the dynamics of the maturation of such motivation and the factors contributing to its materialization are analyzed. The conclusion is substantiated that the state of obsession, the costs of the state and society act as a starting point for the origin of the rudiments of the idea of committing a crime in an individual, which is actualized over time, after which it transforms into a specific criminal plan when he is in himself. Being in this state, an individual mentally creates a scenario of a future crime, develops an algorithm for its implementation, considers the conditions under which the intended act may be committed, calculates the possible risks of its commission, provides options for his post-criminal behavior, etc. After being formed at the mental level, this scenario is recorded in a person’s long-term memory, where it is stored in an alert state, and when a suitable situation occurs, a trigger is triggered for its implementation. On the basis of these premises, as well as a number of other arguments, the article hypothesizes that any intentional crime (with the exception of situational and committed in a state of passion), be it murder or rape, robbery or theft, etc., is essentially only a retransmission of the scenario of a specific crime, once created by an individual on at the cognitive level and extracted from the subconscious at the right moment for its practical implementation. In other words, the emergence and development of criminal motivation is not a momentary intellectual and volitional act, but a time–stretched thought process aimed at finding optimal ways to meet certain needs of an individual that he could not (did not want to) implement within the framework of the law. At the same time, the space-time gap between the moment of the origin of the idea of committing a crime and its actual implementation can be short-term, medium-term or long-term.2

Comparative Analysis of Recidivism and Other Types of Multiple Crimes in the Criminal Law of the Russian Federation

Domestic criminal legislation today is in need of revising some of the provisions relating to the forms of multiplicity of crimes. These provisions are of particular importance in the framework of the process of qualification of crimes, including when choosing by the judiciary the rules for imposing criminal punishment. At the same time, increased attention should be paid to the process of qualifying the recidivism of crimes, since its use leads to aggravation of criminal punishment. The main purpose of the work is to analyze domestic legislation in order to delimit the recidivism of crimes from related institutions of criminal law. As part of the study, the main norms of criminal law devoted to the recidivism of crimes, as well as other similar institutions of criminal law, were studied in order to identify problematic points of contact. Also, an analysis of judicial practice was carried out to identify problems in the qualification of crimes with signs of recidivism. Based on the results of the work, it was concluded that it is necessary to revise some provisions of the criminal legislation of the Russian Federation in terms of delimiting the recurrence of crimes from related institutions. Thus, it is proposed to introduce a legal definition of the totality of sentences in the Criminal Code of the Russian Federation, which in practice is often confused with the institution of recidivism, which negatively affects the process of qualifying criminal acts. It is also possible to single out the rules for imposing punishment in the event that a person who has a criminal record for committing a crime commits a repeated crime, if such an act does not contain recidivism-forming signs (for example, the commission of an intentional crime by a person in the presence of an outstanding or unexpunged conviction that does not form a recidivism of the crime).

Crime Series of Modern Russia: a Criminological Analysis

The authors provide a criminological view on series about criminals and those who should counteract them, which are broadcast in primetime and continue to be popular for a long time after their premiers. From the culturological standpoint, crime series in new Russia demonstrate an evident degradation, manifested in the glorification of those whom Fyodr M. Dostoyevsky called «murderers and prostitutes». The unceremonious crossing of the «red line» of moral prohibitions is highly meaningful - it represents the ideology of nihilism, permissiveness, and dehumanization of a person. A typical feature of Russian crime series is copying the West, and propaganda of Western club culture that is unimaginable without drugs. It is persistently impressed upon the viewers that drug-dealing business is protected by corrupt law enforcement officers. Crime series are often either explicitly or implicitly aimed at creating a negative image of law enforcement agencies: police officers do not only «protect» the business, but commit intentional crimes; prosecutors, as a rule, have close links with criminals, and customs officers - with smugglers. The negative picture presented by the series is aggravated by numerous legal blunders. Endless distortions of Russian legislation together with a typical readiness of servants of the law to violate it give some people the idea that vigilante justice and righteous revenge are admissible. The relative number of people sympathizing with the idea of vigilante justice is high and rather stable. It is an obvious symptom of the pathology of social organism indicating that the processes of the de-organization of legitimate power are under way. Some scholars assess such processes positively in their research, as manifestations of legal pluralism and community justice. It is an attempt to legalize the archaic forms of resolving conflicts in society. Modern experience of the break-up of states shows that when the state ceases to be the regulator of certain spheres of public life, its place is eventually taken by criminals. It is only possible to counteract this by strengthening the state power on the constitutional basis.

On the issue of the application of administrative expulsion, deportation and readmission of foreign citizens

The article discusses one of the ways to counter illegal migration – the removal of foreign citizens and stateless persons from the territory of the country through the use of administrative expulsion from the Russian Federation, deportation and readmission. The subject is the consideration of the grounds for administrative expulsion, deportation and readmission from Russia to foreign citizens. The purpose of this article is to develop proposals for improving the grounds for the application of the considered types of removal of foreigners from the territory of the country. The methodological basis of the study is a combination of such research methods as formal-logical, comparison, system and complex analysis. Also, formal legal and comparative legal methods were used when writing the work. The reasons for the appointment of administrative expulsion (in the form of controlled self-departure and forced controlled movement across the State border of the Russian Federation), deportation and readmission of foreign citizens from Russia are analyzed. The results of the work can be used in the legislative activity of state bodies. The scientific novelty of the research lies in the author's vision of changing the grounds for making decisions on the removal of foreign citizens from the territory of Russia. The author comes to the conclusion that it is necessary to correct the cases of self-departure and forced displacement of migrants when appointing administrative expulsion, to change the grounds for deportation, establishing its application to persons who have served a sentence for committing an intentional crime against life, health or public safety or who did not fulfill the decision on the undesirability of stay (residence) in Russia within the prescribed period, and also, to carry out the readmission of persons subject to administrative expulsion or deportation if it is necessary to establish their identity and citizenship or transfer them to the competent authorities of a foreign state.

Participation of a Mentally Ill Person in the Commission of a Crime

The paper substantiates that the concept of complicity in criminal law requires adjustment: a one-sided subjective connection should be sufficient for complicity. The practice of qualifying acts committed with the participation of menyally ill persons and minors does not fully comply with the principles of criminal law and the objectives of criminal policy. Judicial practice, recognizing the possibility of qualifying the participation in a crime of a mentally ill or minor as a group of persons, has resorted to a broad interpretation of the law. As a result, there are no obstacles to understanding such participation as a group of persons by prior agreement, which, however, is not supported in the current practice. Classification as the actions of the perpetrator of the use of a mentally ill person or a minor in the commission of a crime does not solve the problem, for example, in the case of a crime committed with a special subject recognized as mentally ill. The problem requires a legislative solution. A new definition of complicity is proposed as the intentional participation of a person in the commission of an intentional crime by another person, as well as in the commission of an act prohibited by criminal law, by a person who is not subject to criminal liability due to his age, insanity or other circumstances.

Генезис и перспективы правового регулирования института ответственности за неуважение к суду

The article examines the main stages of the formation of the criminal law prohibition, which guarantees the maintenance of a correct form of communication when participating in court proceedings. Provisions on liability for contempt of court have undergone a long evolutionary period, in the course of which the need for the existence of special legal consequences arising in connection with insulting behavior towards judges and other participants of judicial proceedings was stated. In fact, their development accompanied the formation of judicial power in Russia. Exercising justice is an important way to resolve conflicts, as a consequence of which the current legislation establishes a special procedure for participation in court proceedings. This procedure is based on respect for the attributes of judicial power. Insulting the participants of judicial proceedings grossly contradicts the generally accepted norms of behavior in society, attacks the authority of the court, as well as the persons endowed with the status of a judge. As an intentional crime, contempt of court is accompanied by humiliation of honor and dignity of judges and other participants of court proceedings. At the same time, it has a relative prevalence, excluding both the need for decriminalization and absorption by other provisions of the law protecting the honor and dignity of the individual.