Институт совместного совершения преступления в трудах русских криминалистов начала ХХ века

The institution of complicity in crime as a whole is one of the most problematic areas for criminal law doctrine and law enforcement practice. The problem of complicity in crime, which acts as one of the fundamental institutions of criminal law in different countries, is given increased attention in the legal science of China and Russia, which is primarily due to the importance of this institution.In the Chinese criminal law, only five articles of the General part (articles 25-29 of the criminal code of the People’s Republic of China) are devoted to complicity in a crime. In addition, in many articles of the special part of the criminal code of the People’s Republic of China, incitement, aiding and abetting, as well as preparing, creating, directing, or participating in a criminal group, constitute a complete crime. These are such elements of a crime as: incitement to split the state (part 2 of article 103), incitement to overthrow the state power (part 2 of article 105), incitement to carry out terrorist activities (article 120), financial assistance to terrorist activities (article 120.1), assistance to information network criminal activities (article 287.2), preparatory actions for terrorist activities (article 120.2), organization, leadership, participation in a terrorist organization (article 120), organization, leadership and active participation in organizations of a mafia nature (article 294) , etc. In the current Criminal Code of the Russian Federation, seven articles of the General part (articles 32-36, articles 63, 67 of the Criminal Code) are devoted to the institution of complicity. In addition, the group committing a crime is as qualified or very qualified type of specific crimes (for example, article 105, 117, 158, 164 of the Criminal Code), or forms a constitutive characteristic of certain types of crime (for example, article 208, 209, 210 of the Criminal Code, which criminalize the creation of formations, gangs or communities or participate in them).The paper deals with Chinese and Russian criminal law in part of the normative regulation of the Institute of complicity in a crime, considerable attention is given to the analysis of criminal legislation of China and Russia in the sphere of legal regulation of concepts, forms of participation, types of participation and the principles of bringing them to criminal liability. In the course of the study, the author also attempts to analyze some controversial issues related to the institution of complicity in crime, such as complicity in careless crime, indirect execution, and the legal nature of complicity in crime.

Topicality and issue of a subject-matter Collision of norms in criminal law is incompleteness of legal provisions concerning collision of norms in Criminal law, despite the fact that such legal provisions have been developed in legal doctrine and recognized in case law. Goal of an article is to summarize and show these legal provisions in order to help readers and law enforcers to discern between multiplicity and aggregation of criminal offences, and collision of norms of the Criminal law.In essence – collision of norms of Special part of Criminal law differs from multiplicity (especially a conceptual aggregation) of criminal offences with a count of criminal offences and bodies of the crime (corpus delicti) corresponding to such offences. In a case of multiplicity two or more separate (unitary) criminal offences correspond to two or more bodies of the crime (corpus delicti) which are set out in Criminal law. Collision of norms of Special part of Criminal law occurs where two or more bodies of the crime (corpus delicti) corresponds to one, separate (unitary) criminal offence.In collision between general and special norm of a Special part of Criminal law, special norm (provision) must be applied.In collision between partial (narrower) and complete (broader) norm of Special part of Criminal law, broader norm (provision) must be applied. If such partial (narrower) norm sets out more severe punishment than a complete (broader) norm, both norms must be applied in accordance with rules of conceptual aggregation.In collision between aggravating and mitigating norms (provisions) mitigating norm must be applied, that is – a norm with a lesser punishment.In collision between mitigating norms (provisions), more mitigating norm must be applied.In collision between aggravating norms, more aggravating norm must be applied, that is – a norm wish sets out more severe punishment.Collision of norms (provisions) in administrative violations law is also decided in accordance the same rules of legal norm collision resolution, despite the fact that Latvian Administrative violations code does not contain relevant legal provisions.

The lecture is devoted to the issues of the concept of the Special part of the criminal law of Ukraine, the system of the Special part of the current legislation of Ukraineon criminal liability and the meaning of the Special part of criminal law, as well as to the issues of the scientific foundations of qualifying criminal offenses. The stink of qualification, qualification formula, legal basis of qualification and the importance of the official qualification of criminal offenses are considered.

In the textbook, within the framework of the General part of Criminology, the main modern scientific views on crime, the identity of the criminal, the determinants of crime in Russia, the crime prevention system are revealed. Within the framework of a Special part of criminology, the fundamental knowledge about crime, its causality and counteraction measures are differentiated and specified in priority areas corresponding to a particular type of crime. The organizational foundations of the prevention of certain types of crime are outlined, the features, forms, methods and means of preventive action are revealed. Meets the requirements of the federal state educational standards of higher education of the latest generation. For students, postgraduates, teachers of law schools, practitioners of law enforcement agencies, as well as anyone interested in crime prevention issues.

This article examines distinguishing features of terrorist-oriented criminality in the Socialist Republic of Vietnam, exploring quantitative indicators of certain types of crimes. It is concluded that the current level of political violence in Vietnam is low. Using a wide range of data sources on composite indicators (Global Terrorism Index, Global Terrorism Database and Global Peace Index), it is concluded that to date Vietnam has recorded a low level of political violence. The research explores basic «criminogenic» conditions or factors that lead to relevant risk of growth of political violence. It should be noted that to some extent ethnic tensions still exist in Vietnam. There is also a great concern about criminal activity of a number of domestic and international terrorist organizations, which, in the short or long term, could disrupt domestic political situation and escalate terrorism. The researchers argue that although political and religious motives (e.g. establishing an Islamic state) underlie certain terrorist activities of international terrorist organizations and the fact that Muslims in Vietnam make up about 0,1 % of the countrys population, Vietnams international commitment to counter-terrorism is likely to make it a target of retaliation by these organizations. In addition, there is a possibility that these organizations may commit terrorist acts within the territory of the Socialist Republic of Vietnam to support and fund terrorist activities in the future. We summarized that as at present in force Criminal Code of the Socialist Republic of Vietnam includes special provisions that carry liability for individual acts showing signs of terrorism (arts. 113, 299, 300 CC SRV) and norms within international obligations that cover criminal liability for other crimes of terrorist nature (crimes with indicators of terrorization). The comparative legal analysis of anti-terrorist statutes presented in the 2015 version of the Criminal Code of the Socialist Republic of Vietnam reveals legal and technical defects in certain material elements of terrorist offences. It is noted that Vietnamese legislator distinguishes two forms of terrorism: «traditional» terrorism, which pursues political aims (criminal acts against the peoples government, committed for the purpose of combating it) and terrorism aimed at creating a climate of fear in society.

The frequency of nonnarcotic drug use and its relationship to criminal activity among narcotic addicts

The paper reveals the main forms of using special knowledge in the investigation of crimes where the main participants are minors. Persons with special knowledge play a major role in the investigation of these crimes. In turn, the choice of these persons is determined by the type of crime, modus operandi, environment. Using the example of certain types of crimes, the article presents a number of situations that determine the choice of persons with special knowledge. Purpose: to consider and substantiate the importance and expediency of the participation of persons with special knowledge in various investigative situations. Methods: the principles of materialistic dialectics, the theory of knowledge and the general theory of criminology. The research uses general scientific and specific scientific methods: analysis, synthesis, deduction, induction, scientific prediction, description, formal legal, comparative legal and statistical methods. Results: the study makes it possible to develop a system of criminalistically significant features that determine the choice of special knowledge in the investigation of crimes involving minors, which will allow to orient persons conducting a preliminary investigation in various investigative situations.

Evidence about the relationship between lighting and crime is mixed. Although a review of evidence found that improved road / street lighting was associated with reductions in crime, these reductions occurred in daylight as well as after dark, suggesting any effect was not due only to changes in visual conditions. One limitation of previous studies is that crime data are reported in aggregate and thus previous analyses were required to make simplifications concerning types of crimes or locations. We will overcome that by working with a UK police force to access records of individual crimes. We will use these data to determine whether the risk of crime at a specific time of day is greater after dark than during daylight. If no difference is found, this would suggest improvements to visual conditions after dark through lighting would have no effect. If however the risk of crime occurring after dark was greater than during daylight, quantifying this effect would provide a measure to assess the potential effectiveness of lighting in reducing crime risk after dark. We will use a case and control approach to analyse ten years of crime data. We will compare counts of crimes in 'case' hours, that are in daylight and darkness at different times of the year, and 'control' hours, that are in daylight throughout the year. From these counts we will calculate odds ratios as a measure of the effect of darkness on risk of crime, using these to answer three questions: 1) Is the risk of overall crime occurring greater after dark than during daylight? 2) Does the risk of crime occurring after dark vary depending on the category of crime? 3) Does the risk of crime occurring after dark vary depending on the geographical area?

The historical transformation in the distribution of crime between towns and rural areas in the Western world between 1750 and 1950 remains a complex and debated issue. The few comparative studies on long-term crime seem to indicate a sharp decrease in urban crime, although with considerable variation in chronology and intensity. Conversely, the rapid urbanization of industrial cities was accompanied by outbreaks of violence, before declining as well. Certain types of crime are directly related to their environment, such as rural wood theft, arson, poaching, or urban street gang violence; yet most types of crime in towns and countryside share common characteristics. Accordingly, rural banditry shares many features with organized crime in the urban underworld, while the social and economic motivations behind urban riots may not differ so much from rural revolts as previously thought. A geographical history of crime should therefore consider both broader and more specific historical phenomena including the influence of war, immigration, and urban policies, as well as the definition and registration of criminal offenses by the police. Finally, in each country, crime rates were affected differently by the evolution in the relationship between state and society at the national and regional levels.

The article is devoted to the consideration of the problem of criminalization of sexual harassment in the context of the implementation of the Istanbul Convention and the deter-mination of ways to improve the criminal law of Ukraine. The shortcomings of the definition of the concept of “sexual harassment” enshrined in the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”. The approaches to understanding sexual harassment as a type of illegal behavior in the field of sexual relations provided in the legal literature of Ukraine have been analyzed. The difference in approaches to the implementation of the provisions of international legal treaties, dedicated to countering certain types of crimes, into the national criminal leg-islation has been shown. It has been proved that Art. 40 of the Istanbul Convention “Sexual Harassment”, like the provisions of a number of other international legal treaties of the Council of Europe, has the so-called “weakened” character, since according to this conven-tion norm, sexual harassment may be subject to legal sanctions, which are distinct from criminal liability. The wrongfulness of the approach, according to which the possibility of criminal law response to sexual harassment is connected with the application of Art. 154 of the Criminal Code of Ukraine, has been argued. It has been noted that the mentioned approach unjusti-fiably denies the conventional specificity of sexual harassment as a separate type of behav-ior, different from sexual violence. The definition of sexual harassment formulated in the draft of the new Criminal Code of Ukraine has been analyzed. It has been demonstrated that its developers justifiably focus on the text of Art. 40 of the Istanbul Convention, and also to a large extent have eliminated the shortcomings of the corresponding definition, which was given in the previous versions of the project. At the same time, the shortcomings of the potential criminal law should in-clude the fact that the creation of a certain negative environment is optional for the conven-tional understanding of sexual harassment and at the same time mandatory for the pro-jected understanding of this criminal infraction.

This article examines the possibilities of using machine-readable law technologies in criminal procedural legislation and criminal proceedings; the analysis of the Concept of development of technologies of machine-readable law is carried out in order to determine the possibility of applying its provisions in the context of criminal procedural law. According to the author, the development of the technology of machine-readable law sets the legislator the task of starting the process of adapting the norms of the criminal procedure law to their subsequent presentation in formal language. Legislative acts should be structured as much as possible, within the acts, norms are more clearly divided into certain categories and groups with the building of logical connections between them. The norms of legislative acts need to be formalized, their content should not have legal and linguistic uncertainties, normative conflicts and broad discretionary powers. The conclusion is made about the need for legal transformations, formalization of the norms of the Criminal Procedure Code of the Russian Federation, based on the principle of legal certainty. If the adaptation of legislation to machine-readable norms is the future in the development of science and the system of legal regulation of the state, then the use of digital technologies in criminal proceedings is a matter of the present. It seems that modern digital technologies are sufficiently developed to start developing an automated information system at the state level that meets the formal requirements of the Criminal Procedure Code, within the framework of which a preliminary investigation will be carried out. Moreover, we are talking not only about the «electronic criminal case» in its generally accepted understanding. The author proposes the creation of a comprehensive universal program that provides for the automated application of the ontology of machine-readable law (descriptions in the formal language of many objects in the field of law and the connections between them) in the investigation of criminal cases using the method of teaching artificial intelligence based on a large array of data (including data, constituting the empirical base of research, which was studied in the development of private methods for investigating certain types of crimes).

The category of “corpus delicti” from the position of normativism is considered. It is pointed out that within the framework of this doctrine law is recognised as an independent matter, and therefore the corpus delicti, as a fundamental category of criminal law, is closely related to the criminal law norm. Within the normativist approach four understandings of the corpus delicti are distinguished: 1) the totality of features; 2) the system of features; 3) the legislator’s notion of a certain type of crime; 4) the legislator’s tool. Content analysis of the definitions of the corpus delicti allowed to identify the advantages and disadvantages of understanding this category from the standpoint of normativism. It is concluded that with all the positive aspects of the normativist approach, there are also significant shortcomings: 1) the corpus delicti, identified with the criminal-legal norm, can not act as a basis for criminal responsibility, since only really existing phenomena in the form of the actual can be criminally punishable; 2) it is impossible to raise the question of guilt, if the corpus delicti is in the legislative matter; 3) the essence of the offence remains unimportant, because the priority is given to the formal act with the signs specified in the law; 4) the corpus delicti is not the basis for criminal liability.

The relevance of the study is due to a comprehensive study of the concepts and contents of criminal law, criminological and forensic crime characteristics. The aim is to analyze the criminal-legal, criminological and criminalistic aspects of the crime characteristics as a whole, as well as to consider the problematic elements of some of them. The realization of this aim was achieved using the laws of dialectics, formal logic and the use of general scientific and private scientific research methods. The system approach in studying of considered characteristics of crimes is used. We consider the relations of the studied characteristics in solving common problems of disclosure, investigation and prevention of crimes. We identify, in particular, the content of the criminological characteristics, which is a set of all interrelated features that form its structure. We characterize the elements that make up the above structure, also we adheres to the position that the forensic characteristic is a system of features inherent in a certain type of crime. It is emphasized that in contrast to the criminal-legal characteristics, is not an integral part of the general understanding of the crime and is applied, official nature, necessary to solve the tasks of the investigation. We indicate the main elements inherent in the concept of forensic characteristics. Conducting a comparative analysis of the elements of criminal law and criminalistic characteristics of crimes, it is noted that in both cases, different elements are considered in importance for them, but in the end, determining one-the composition of the crime. The main difference of the considered characteristics was considered on the example of the problems with which they are solved.

The article is devoted to the analysis of modern prospects for the use of information contained in so-cial internet-networks in the process of solving and investigating crimes. A comparative analysis of established views on the preparation for individual investigative actions is carried out, taking into ac-count the requirements for the dynamism and effectiveness of law enforcement agencies in combat-ing crime. The problems of the practice of solving and investigating crimes are studied in the context of the prospects for further development of the global Internet. Conclusions are substantiated about the reasons for the insufficient effectiveness of the implementation by criminal prosecution authorities of the capabilities of the analyzed area of public relations in the interests of investigative activity. Proposals are formulated to improve the use of forensically significant information obtained from social internet-networks in the framework of the implementation of the provisions of forensic tactics and methods for investigating certain types of crimes.

COVID-19 Human Endangerment As A Domestic Crime or an International Crime Against Humanity