Special Criminal Law Research Articles

FEATURES OF CRIMINAL RESPONSIBILITY FOR MILITARY CRIMINAL OFFENSES COMMITTED DURING THE PERIOD OF MARTIAL STATE

Based on the analysis of the current legislation and scientific literature, the peculiarities of criminal responsibility for military criminal offenses committed during the period of martial law were investigated, which made it possible to formulate proposals for changes to the current legislation. It was determined that the lack of a systematic approach to the issue of using such a qualifying feature as the commission of an act under martial law led to a violation of the principle of justice, an imbalance in the system of measures of criminal law influence on the commission of criminal offenses. In view of this, a number of articles of Chapter XIX of the Special Part of the Criminal Code of Ukraine need to be supplemented with the specified qualifying feature. We are talking about articles 406, 412, 414-417, 422 of the Criminal Code of Ukraine. It has been established that the sanction of Part 2 of Article 433 of the Criminal Code of Ukraine does not comply with the rules of construction of sanctions of special criminal law norms and requires an increase in the amount of punishment in order to harmonize with the sanction of Part 4 of Article 187 of the Criminal Code of Ukraine, which provides for responsibility for a uniform criminal offense. It is proved that Article 435-1 of the Criminal Code of Ukraine should be placed in Chapter XV of the Special Part of the Criminal Code of Ukraine, and its content has been significantly changed taking into account the comments expressed in this work and by other authors. It is substantiated that part 4 of Article 401 of the Criminal Code of Ukraine should be supplemented with a provision on the possibility of exemption from criminal liability for the commission of a military criminal offense by a special purpose police officer of the National Police of Ukraine with the application of measures provided for in the Disciplinary Statute of the National Police of Ukraine.

Pertanggungjawaban Tindak Pidana Perbankan Perspektif Hukum Pidana dan Undang-Undang Perbankan

Criminal acts in the banking sector are defined as all types of unlawful acts related to activities in carrying out bank business activities and intersect with the provisions of laws and regulations containing special criminal law and general criminal law. The purpose of this study is to determine the Accountability for Banking Crimes from the Perspective of Criminal Law and Banking Law. Using the Normative Juridical method.The practice or mode of violation of the bank procedure system carried out by bank employees and resulting in banking crimes is carried out with the following characteristics: Banking crimes are always followed by violations of the bank procedure system.In the event of a violation of the bank procedure system and resulting in a crime in the banking sector, the bank as a corporation cannot be held criminally responsible for the crime committed by bank employees because of banking laws and regulations, especially Article 49 of Law No. 10 of 1998 limits the perpetrators to individuals only, namely Directors, Commissioners or Bank Employees. In the event that the impact of the act is detrimental to the bank's customers concerned, then the responsibility that can be demanded of the bank as a corporation is civil responsibility.

Об уголовной ответственности владельца за вред, причиненный домашним животным (собакой) третьим лицам

The laws of Russia and some foreign states have no special criminal law provisions that establish the liability of the owner for damage caused by his/her pet (dog) to third parties. The article reviews issues of qualification of such acts under the laws of Russia and foreign countries. A comparative analysis of laws of some foreign states and Russia that regulate the bases and procedure for bringing pet dog owners to the legal liability for damage caused by them to health of third parties has shown the unity of approaches towards strict legal liability including criminal liability of such owners in cases of gross violation of rules for handling their pets. At the same time, countries apply different approaches within their jurisdiction to solving the issue of specification of criminal laws applicable to the cases under consideration by singling out or refusing to single out special elements of crimes for violation of pet handling rules. The task of determination of legally relevant attributes of the link between the crime subject (dog owner), behavior of his/her pet and actions/inactivity of the victim seems relevant for the Russian criminal law practice.

Analisis Pelanggaran Hukum Pidana Khusus Pemalsuan Dokumen Perjalanan Oleh Warga Negara Asing

Indonesia is a rich country and has a strategic location because many travelers pass through it, not a few of whom also have bad desires or goals to disrupt the security and order of the sovereignty of the Indonesian territory. Phenomena that are often found in the context of threatening sovereignty can be found in violations of special criminal law such as criminal acts of falsifying travel documents committed by foreign citizens so that they can enter Indonesian territory. It cannot be denied that they could commit criminal acts that cause unrest among the Indonesian people. Alone. Immigration is an official government institution or agency and is responsible for problems related to the entry and exit of people into Indonesia's sovereign territory. Immigration also requires various preventive efforts to be carried out to limit and even eliminate threats from surveillance, investigations and even investigations in order to uphold Indonesia's sovereignty. Immigration always carries out its immigration function based on Article 1 point (3) of Law Number 6 of 2011 concerning Immigration where immigration carries out its duties in immigration services, law enforcement, state security, and facilitator of community welfare development. In determining various actions, immigration always has clear guidelines based on the legal basis that is still valid from both national and international legal grounds because immigration is always related to the international scope.

Deconstruction of Penal System Policy on Tax Law in Indonesia against Liability for Corporate Income Tax Evasion

The purpose of this study is to simplify legal policies in the Law on General Provisions and Tax Procedures by the values of Pancasila in technical and its implementation in the application of law and law implementation in tax crimes. Normative juridical research methods are processed qualitatively and descriptively, using sources of legal materials" secondary data" "primary" legal materials, and tertiary legal materials, laws, and regulations as rules or norms that become parameters of behavior. legal principles, as well as legal doctrines to answer growing legal issues. Such as the statute approach. Case approach, and conceptual approach. To achieve justice that is manifest in the imposition of criminal sanctions and can be implemented for perpetrators of tax evasion crimes, and focus on criminal purposes so that they can be held criminally accountable for their actions by the punishment given. The provisions in the special criminal law impose sanctions that are more severe than general crimes. At the same time as a consideration to answer the problem of how the deconstruction of the penal system policy on tax law in Indonesia against the criminal liability of corporate income tax evasion can be applied as a reference to make new legal constructions useful for the Indonesian state by deconstructing the diction or phrase of the criminal act of taxation and, technical management and separation of powers.

2023년 형법 중요 판례 평석

In 2023, there were fewer en banc decisions compared to 2022. While there were 7 en banc decisions related to criminal law in 2022, with 6 focusing on criminal law issues, the number decreased to 3 in 2023. However, the significance of this change should not be underestimated. Among these cases, a notable en banc decision redefined the meaning of assault and intimidation in the context of forcible molestation, representing an effort to align the legal decisions with contemporary societal trends.
 Additionally, there was a noticeable increase in en banc decisions related to stalking crimes and special criminal laws, shedding light on issues and challenges prevalent in these areas beyond basic criminal law. In the context of criminal law, there were numerous significant rulings pertaining to the co-perpetrators of negligent crimes and infringements on self-defense, specifically addressing the contemporaneity of self-defense (meaning not determined solely based on the formal completion of the criminal act but extending until the situation of harm to one's own or others' legal interests has ceased).
 In 2023, in terms of the legitimate exercise of the state's right to punish, there were many efforts to modify en banc decisions that extended beyond the literal interpretation of the law or to provide clarification on the meaning of legal provisions. While the ideal resolution for legal shortcomings would be through legislative measures, the impracticality of enacting legislation to address every situation necessitates the application of the law through judges' reasonable interpretation. Therefore, the positive aspect lies in not rendering outcome-oriented judgments based on the principle of proportionality. However, it is necessary to consider criticism that calls for clearer and more comprehensible improvements to the Supreme Court's en banc decisions, which currently restrict legal principles through their power of authoritative interpretation.
 Furthermore, it is noteworthy that many elements, which are not explicitly stipulated in the basic criminal law but are present in various special criminal laws, can be evaluated as serious crimes. To enhance the effectiveness of crime regulation and the general preventive impact, systematic legislative adjustments within the criminal law framework for these crime elements are essential.

THE URGENCY OF MERGING SPECIAL CRIMES IN REFORMING THE CRIMINAL CODE

The new Criminal Code (KUHP) has been ratified by the government as Law Number 1 of 2023. The formulation of the problem that will be raised in this research is the urgency and legal consequences of combining specific criminal acts in the renewal of the criminal code. and What are the specific types of criminal acts in Law Number 1 of 2023 concerning the Criminal Code. This research uses a normative type of research, using secondary data, namely data obtained directly through library materials. The results of the research concluded that combining general and special criminal law into the new Criminal Code appears to be due to considerations of making the Criminal Code more comprehensive, the urgency of implementing special criminal law will be able to better accommodate the interests of all levels of Indonesian society. There are five types of special crimes in the new Criminal Code, such as serious crimes against human rights, terrorism crimes, corruption crimes, money laundering crimes and narcotics crimes.

Assassination attempt on the life of the President of the Republic of Poland pursuant to Article 134 of the Criminal Code

The aim of this article is to present the issue of special criminal law protection of the President of the Republic of Poland. With reference to pre-war legislation, Article 134 of the Criminal Code was analysed, which criminalises behaviour constituting an attempt on the life of the President of the Republic of Poland, who, perceived not as a specific person but as an entity embodying the majesty of the Republic of Poland, is one of the main guarantors of the efficient and undisturbed functioning of the state organism. An assassination attempt on the holder of this office may be the beginning of both internal and external destabilisation of the state, and the threat to its security appears already at the moment of preparation to commit this crime. While the author of the article does not deny that this provision also strengthens the protection of this person’s life and health, he recognises that this is an incidental object of protection. The article presents arguments in favour of the criminalisation of any behaviour bearing the features of preparation for the crime of an attempt on the life of the President of the Republic of Poland, following the example of the authors of the Criminal Code of 1932.

BASICS AND CHALLENGES OF THE PENAL LAW OF REFUSING TO HELP THE INJURED AND ELIMINATING LIFE RISKS, APPROVED IN 1975

One of the crimes discussed in special criminal law is refusing to help the injured and people at risk, but unfortunately, it has not been considered and investigated. The purpose of this research was the basics and challenges of the criminal law of refusing to help the injured and removing the risks of life approved in 1975. Descriptive analytical research method was to identify the blind and ambiguous points of the unit's material, refraining from helping the injured and identifying the weak points of the unit's material. The results of the research showed that as long as the law and the legislator have turned a moral duty into a legal duty; And he did not pay attention to verifying the relationship of cause and effect; Therefore, if a person who sees someone in need of help but refuses to help, it is considered a crime of omission and is subject to punishment, and in this omission, the causality relationship must also be established. It is not a crime that the legislator did not pay attention to the motive of the willfully refraining or his negligence while performing the duty prescribed by the law, which is effective in the conviction, while in the case of intentional homicide, the perpetrator is the main basis for the conviction of leaving the act of malice. Over the years, other laws have been passed to solve the shortcomings and challenges of this article, and it has been a complement to the penal law of refusing to help the injured. According to the results of the research, it is concluded that the approval of this article has a more moral aspect.

Status Of Corruption Acts Under The Indonesian Criminal Law System

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.

Putusan Pemidanaan dalam Perkara Tindak Pidana Membantu Menyediakan Pornografi Anak: Studi Putusan PN Bandung

Pornography is an act that causes anxiety and concern for the community. Viewing pornographic videos is increasingly accessible, both through print and electronic media. The development of media with pornographic elements has increased the existence of pornographic crimes among the public. The definition of a pornographic crime is an immoral act related to sex in the form of a picture, sketch, photograph, writing, video or through other media shown in public which violates the norms of decency in society. This study aims to, firstly, analyze the suitability of the Bandung District Court's decision number 517/Pid.Sus/2018/Pn.Bdg regarding the crime of assisting in providing child pornography based on trial facts. Second, analyzing the imposition of weighting for criminal law subjects that are specific in nature. This research method uses normative juridical research methods with statutory and conceptual approaches. The conclusions obtained are, firstly the Judge in his ruling stated that the defendants were proven guilty of committing the crime of helping to provide child pornography which was not in accordance with the facts of the trial as seen from the testimony of witnesses and the testimony of the defendant and in that decision the victim was a child so the actions of the defendants were more in line with the crime allowing children to commit obscene acts, therefore the punishment is heavier than the Pornography Law. Second, the Pornography Law does not regulate the burden of criminal penalties for special criminal law subjects such as those closest to the victim. When compared with the Child Protection Act, this regulates criminal sanctions for legal subjects of special criminal offenses with an additional 1/3 (one third) of the threat of the article. So the punishment for those closest to the child is more severe than for other people who are not the closest person to the child victim.

KAJIAN NORMA PANCASILA TERHADAP PENERAPAN SANKSI PIDANA MATI DALAM HUKUM POSITIF DI INDONESIA

Pancasila's life vision is based on the fact that the universe and all the harmony in it were created by God Almighty. There is nothing in the universe that is different in composition from other universes. Maintaining order means upholding human dignity so that Pancasila has a legal reference for self-protection in the passive and active sense. The subject of the death penalty has become the concern of criminal law experts, criminologists, and victimologists, especially related to the philosophy of punishment, according to which the purpose of punishment is not only to frighten the convict but also to attract attention. Basically certain qualifying activities are activities that directly violate human dignity and/or endanger the existence of human society. Therefore, the purpose of capital punishment is only to prevent other people from committing acts that lead to the imposition of capital punishment. The death penalty in Indonesia is still required for serious crimes, including premeditated murder, those guilty of genocide and crimes against humanity, drug dealers, high-level corruption, and terrorists. The position of the Special Criminal Law in the criminal justice system complements the criminal law codified in the Criminal Code in terms of increasing the threat of punishment for crimes that threaten the implementation of clothing and food facilities; Law Number 21 of 1959 (Prp) concerning Threats of Economic Crimes; Atomic Energy Regulation No. 31 of 1964.

THE EXISTENCE OF CRIMINAL LAW IN NATIONAL CRIMINAL LAW REFORM

The problem of reforming criminal law is one of the impo important issues that need in all its aspects in connection with efforts to reform criminal law in our country. It is said to be important and even the most important because legal experts often interpret criminal law as a double-edged sword. On the one hand, it is a law to protect society from the threat of crime, but on the other hand, there are times, there are times when human rights temporarily or permanently deprive a person of liberty. Criminal law reform has existed since 1946 with the issuance of Law Number 1 of 1946 concerning criminal law regulations. Criminal law reform as part of criminal politics is in place, and it is time to implement it. This is mainly related to the provisions of the old criminal law, which are regulated in the criminal law code as an "umbrella act" or an umbrella law of a general nature. This law will also affect the formulation of special criminal laws, following the legal needs of society in this era of independence and openness in the 21st century. Based on the description of the background, the formulation of the problem that will be presented is as follows: Why is the renewal of the national criminal law important? How is the formation of criminal law reform in the national Criminal Code Bill? Based on these problems, the discussion is as follows: The existence of the new Criminal Code has become important which is sourced, characterized, rooted, and has a national character following the contents of Pancasila and the 1945 Constitution, is now very urgent to be realized to replace the old Criminal Code which is a legacy of the Dutch colonial and is no longer compatible with developments. Social, cultural, economic, political, and technological conditions in an atmosphere of independent Indonesia and only undergoing reform in the 21st century. The establishment of the new Criminal Code is a reflection of the government's serious efforts in enforcing criminal laws that are more humane and fair for all levels of society in this reform era. . It would be strange if the Netherlands, WvS had long been revised and not enforced, would continue to apply as a colonial legacy, because of the inability of this nation to create a new national criminal law.

Implementation of the Money Laundering Law as a Predicate Crime during the Covid-19 Outbreak

Cases of criminal acts of corruption and Money Laundering have such fundamental ties. In this case the act of corruption is a part of the special criminal law in addition to having special specifications or different from the general criminal law or other, such as a deviation of procedural law and when viewed from the material regulated, the act of corruption directly or indirectly there is a the case or further criminal action from the existence of this criminal act of corruption resulting in a loss that affects the country's economy, namely by committing the crime of money laundering as an act of laundering or busting the trace rather than the original criminal activity. In addition, in these two acts there is a form of indictment which is very important in the Money Laundering Act because this is very much a part of the determination by the judge in proving an element of guilt from the offender, therefore, the preparation of an appropriate indictment in the Criminal Act of Laundering The money in which the part can't be ignored. So, in the development of the case, we need to know a lot about the continuity of corruption in the money laundering law, the use of money laundering legislation in its handling of corruption to optimize the efforts to recover state losses, and also the mechanism of imposing criminal penalties in proving the crime of money laundering without first proving the crime predicate as the most important element in imposing sanction.

메타버스에서의 형법의 역할

Times are changing rapidly. Before you get used to one information and com- munication technology, you will encounter the next generation of information and communication technology. The world created by combining such technologies and converging them with real space is a metaverse. Metabuses, which are concentrated information and communication technologies, are like living creatures. As information and communication technology develops, metaverse also develops. However, just as sin entered the world in the beginning in the Bible, various types of crimes are emerging in metaverse. It is the criminal law that has played a role in preventing and suppressing crime so far. However, in the information age, the criminal law gradually gives its role to various specialized laws, and the role is relatively reduced. Of course, it can be seen that the role of the criminal law is not reduced because there are penal provisions in the area of specialized law. That statement is correct in form. However, in practice, in the area of specialized law, criminal law can no longer claim systematic superiority or priority. Criminal law plays an auxiliary role, not a leading role in crime.
 In this study, the types of crimes that criminal law can play a leading role in metaverse and the types that should be divided into specialized laws were distinguished. And it came to the conclusion that some of the crimes prescribed in the special law should be transferred to the criminal code. But this is a tentative way. In order to maintain the role of criminal law that has been historically established, integrated laws such as “metaverse criminal law” are needed. Therefore, it is necessary to systematically respond to cyber crimes scattered in the current specialized law area. The Metaverse Criminal Law is a special criminal law in form, but in practice, it will be a basic law for cybercrime. The work can no longer be delayed. From now on, the National Assembly, the government, academia, and working circles should have fierce discussions to establish a “meraverse criminal law system” that fits the new era.

Electronic Transactions Against Virtual Money (Cryptocurrency) Stock Trading Special Criminal Law Perspective

Virtual currency was designed as an alternative legal tender, originally for use in virtual communities, and certain online gaming sites. The number of such virtual currencies is constantly growing and reaching out to activities in the real world. Currently there are a large number of virtual currencies in circulation and they can be obtained either directly (through mining, bilateral transactions with investors, from companies that sell virtual currencies, purchase of certain goods, etc.) or indirectly through the exchange of virtual currencies. Cryptocurrency can also be referred to as unformed commercial objects; it is actually a digital form which can be used in electronic transactions. This study aims to analyze the existence of virtual money (cryptocurrency) in stock trading in Indonesia and find out the responsibility of money laundering perpetrators who use virtual money (cryptocurrency) in stock trading. The research method used is normative legal research. The results showed that the existence of virtual uag (cryptocurrency) in stock trading in Indonesia when used as currency unification, transacting, trading or as a means of payment with businesses in this case, especially stock trading in Indonesia, can be said to be invalid in terms of its use7 Of 2011 On Currency. Users of virtual money (cryptocurrency) in Indonesia are quite widely used in terms of business, which can be seen in Indonesia itself already circulating virtual money (cryptocurrencies) such as Bitcoin and Centcoin. Then, the responsibility of money laundering perpetrators who use virtual money (Cryptocurrency) in stock trading which is very negative for the state of Indonesia, especially in terms of business because people who have committed these crimes take advantage of technological advances unwisely so that perpetrators can be charged based on law no. 8 of 2010 on the prevention and eradication of money laundering. Keywords: Stock Trading, Cryptocurrency, Special Crimes

Pembaruan Sistem Pemidanaan Pada Hukum Pidana Pidana Militer

Renewing the Military Criminal Law Criminal System is not easy, especially the special criminal law system such as the Military Criminal Code (KUHPM), which is a codification of criminal law in the Criminal Code. The purpose of this study is to emphasize that the military criminal sanction system must still refer to the sanctions system in the Criminal Code (KUHP) or the Draft Criminal Code which is currently in the process of being drafted. Qualitative research uses a descriptive approach to collect data systematically, factually , and quickly according to the description when the research was conducted. The results of this study indicate that the guideline in the preparation of the Criminal Code is that punishment is an inseparable part of criminal law, so it is not a criminal law if it regulates only norms without being followed by criminal threats. Criminal threats that will be applied to criminal actors, although not primarily, but the nature of the crime is a crime

Economic violence as a way of committing domestic violence: differentiation of administrative offense from crime

The article is considered economic violence as a type of domestic violence, for which administrative and criminal liability is provided. The criterion of delimitation of economic violence as a way of committing domestic violence of Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine is defined. It is stated that administrative and criminal liability arises in the case of domestic violence in three ways: physical, psychological or economic. This are caused difficulties in practice in delimiting Art. 173-2 of the Code of Administrative Offenses and Art. 126-1 of the Criminal Code of Ukraine, as the objective side of their composition is defined inexhaustibly.
 Expediency of exclusion from Art. 126-1 of the Criminal Code of Ukraine, the notion of “systemicity” is justified, as the current wording contradicts the purpose of criminalizing acts of domestic violence and creates obstacles to the application of this special criminal law. Emphasis is placed on the need for legislative interpretation of the concept of Art. 173-2 of the Code of Administrative Offenses "harm of physical or mental health" and of Art. 126 of the Criminal Code of Ukraine "violence that leads to physical or psychological suffering."
 It was found that in the legal definitions of economic violence and acts of economic nature, the construction "and other economic offenses" and the conjunction "etc." indicates that acts of economic nature as a way of committing domestic violence can not be provided by law exhaustively, because the economy is in constant development and, accordingly, violence in the context of the offense we are investigating may take new forms.
 It is determined that its main feature of economic domestic violence is the manipulation of the subject of the crime or offense by material goods, which leads to negative psychological and/or physical consequences for the victim.
 According to the results of the research, the criterion of differentiation of domestic violence provided by Art. 126-1 of the Criminal Code of Ukraine from the act specified in Art. 173-2 of the Criminal Code of Ukraine, which should be the consequences caused by the illegal act. That is, it is necessary to determine the level of public danger of damage that occurred after the commission of an act of an economic nature, which covers the legislative category of "domestic violence".
 Suggestions for further improvement of legislation in the field of administrative and criminal law on the provisions that establish legal liability for domestic violence in Ukraine.

التنظيم القانوني لتجريم المنشطات و دورهِ في حماية حقوق الانسان الصحية والتربوية

The research found that doping is a phenomenon that offends the human concept of sport, transforming it from an environment that educates and teaches morals and honest competition to an environment of corruption and unequal opportunities. This is a violation of human rights in sports, health and education, and because the international basis for anti-doping did not resist it. Legislators called for its punitive character making it as a basis for criminalization. The most prominent example of this was Belgium and France internationally, and in the Arab world Tunisia, Algeria and Morocco are among the first countries in issuing special criminal laws to combat it. As for - nationally - Iraq issued a regulation to combat doping, but it lacks the legal system to criminalize it, and it issued a law to establish the Sports Court. It is the first step in resolving sports disputes.

“Dead” special provisions of the criminal law as a criterion of excessive (unjustified) specialization

Special norms in the criminal law, as a rule, are designed to solve the problem of differentiation of responsibility, so they must contain such features of the composition that significantly change the typical degree of public danger of the act and (or) the figure. These norms are constructed using the casuistic method, which is due to their nature and focus on reflecting social relations that are objectively differentiated by the criterion of public danger. The increase in the number of special criminal law norms indicates a steady trend of specialization of the criminal law, which, in the absence of signs of redundancy, is quite normal. The excess of specialization manifests itself in “overcriminalization” or, in other words, socially non-conditioned criminalization of acts that already fall under the regulation of the current law, but are artificially singled out by the legislator through the casual use of a particular attribute. As the analysis of the latest criminal law novels shows, the status and role position of the guilty person acts as the specified feature in most cases. Its appearance in the crime as a special feature of the subject means that the legislator assumes criminal protection of a certain segment of public relations, in which the subject is a participant, and the encroachment on which is possible only under this condition. As a rule, in practice, these special rules are either not applied at all, or are applied in isolated cases, which is one of the indicators of unjustified criminalization and, consequently, excessive specialization. In science, the opinion is expressed that the so-called “dead” norms in the criminal law are designed to solve the problem of preventing the relevant acts, which, in our opinion, is an attempt to justify intensive lawmaking. Given that this is an unjustified criminalization, such protection by the criminal law is artificial due to the lack of an objective need for it. The reason for the appearance of appropriate special norms, as a rule, is the political conjuncture, the essence of which ultimately boils down to demonstrating efforts to combat crime, which in science is precisely called “imitation”.