scholarly journals Palingenesis of Criminal Law in the Conditions of Digital Reality

2021 ◽  
Vol 1 (1) ◽  
pp. 145-159
Author(s):  
Evgeny Russkevich
Keyword(s):  
Criminal Law ◽  
Information Technologies ◽  
Criminal Liability ◽  
A Priori ◽  
Industrial Society ◽  
Digital World ◽  
Digital Twins ◽  
Digital Crime ◽  
Basic Functions ◽  
Criminal Legislation

The article proves that the influence of exponential and combinatorial technological changes has led to a crisis of criminal law, which is expressed in the inability to perform its basic functions due to the permanent and dynamic external environmental impact. The author identifies the following fundamental provisions that should be relied on when making decisions on the modernization of criminal law: the emergence of a new (informational) method of committing a crime does not a priori indicate that it is more dangerous than the traditional one, but in many respects indicates the problem of lag social control from the development of society and changes in crime; the adaptation of the norms of the criminal law to the conditions of the information society should not be associated with the construction of “digital twins” of traditional criminal law prohibitions; the introduction of appropriate amendments to the content of the norms is justified only in cases where the adaptive capacity of criminal legislation to manifestations of digital crime exhausts itself; the recognition of the use of information technologies as a qualifying feature of a crime in general must comply with the criteria for differentiating criminal liability justified in science. The article separately substantiates that the emergence of a “digital personality” will complete the beginning of the transition from the traditional criminal law of the industrial society of the 20th century towards the criminal law of the digital world of the 21th century (criminal law 2.0). First of all, this is due to the fact that artificial intelligence and “digital personality” will fundamentally change the scope of criminal law protection.

Criminal law and digital crime: problems and solutions

2018 ◽  
Author(s):  
Евгений Русскевич ◽  
Evgeniy Russkevich
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Schools ◽  
Computer Data ◽  
Digital Crime ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Theoretical Issues

The monograph is devoted to the complex of theoretical and applied problems of adaptation of the domestic mechanism of criminal law protection to the "digitalization" of crime in the conditions of formation of the information society. Along with General theoretical issues, foreign criminal legislation and the provisions of international law are deeply analyzed. The paper presents a refined criminal-legal characteristics of crimes in the field of computer information, including the novelties of the Russian criminal law — the illegal impact on the critical information infrastructure of the Russian Federation (article 2741 of the criminal code), developed proposals for the differentiation of criminal liability for attacks on the security of computer data and systems, developed scientifically sound recommendations for qualification. The monograph is designed for researchers, teachers, practicing lawyers, students and postgraduates of law schools and faculties.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

From the bureau of forced labor to the criminal-executive inspections

2019 ◽  
pp. 149-156
Author(s):  
Ольга Васильевна Коростылёва
Keyword(s):  
Criminal Law ◽  
Electronic Monitoring ◽  
Criminal Liability ◽  
100Th Anniversary ◽  
October Revolution ◽  
Forced Labor ◽  
History Of ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Character

В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Mediation in Bribery: Gaps in the Legal Interpretation

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Legal Interpretation ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Objective Aspect

The article considers and analyzes some gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation. It examines the objective aspect of the crime, and also presents the problems of prosecuting for mediation in bribery according to the specifics of the qualification of this socially dangerous act. The author substantiates the grounds and limits of criminal liability for mediation in bribery, taking into account the act of committing various forms of this crime. On the basis of a comprehensive analysis of criminal legislation and scientific works of not only Russian scientists, but also foreign experts in the field of criminal law, the main prospects for the development and solution of the above mentioned problematic issues related to gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation are proposed. Special attention is also paid to certain issues of qualification of the investigated act, which directly depend on the amount of the bribe. As a result of the study, it is recommended to introduce some changes and additions to Parts 1 and 5 of Article 291.1 of the Criminal Code of the Russian Federation.

scholarly journals CRIMINAL POLICY OF RUSSIA IN THE SPHERE OF COMBATING ILLEGAL DRUG TRAFFICKING (from the 70's to the present day)

2018 ◽  
pp. 24-30
Author(s):  
Alexey Vitalievich Sumachev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Drug Trafficking ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Illegal Drug ◽  
Criminal Legislation

The article describes the formation and development of the institution of criminal liability for crimes related to drug trafficking in the domestic criminal legislation. Based on the analysis of changes in the criminal law in the regulation of social relations in the field of drug trafficking, an attempt is made to trace the process of formation of a modern criminal law concept of combating their illegal trafficking

scholarly journals Subject Of A Crime Under French Criminal Legislation

2021 ◽  
Vol 03 (01) ◽  
pp. 63-68
Author(s):  
Khurshida Mirziyatovna Abzalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Entities

This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.

scholarly journals Modern Problems of Establishing and Implementing Criminal Liability for Illegal Migration Crimes

2021 ◽  
Vol 15 (3) ◽  
pp. 341-351
Author(s):  
Vladimir Taranenko ◽  
Stanislav Kharitonov ◽  
Maria Reshnyak ◽  
Sergey Borisov
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Regulatory Compliance ◽  
Place Of Residence ◽  
Illegal Migration ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

This study aims to identify and consider modern problems in establishing and implementing criminal liability for crimes pertaining to illegal migration, such as illegal crossing of the Russian Federation State Border, organizing illegal migration, fictitious registration of citizens of the Russian Federation at a place of stay or place of residence in residential premises in the Russian Federation, fictitious migration registration of foreign citizens or stateless persons at a place of residence in residential premises in the Russian Federation, as well as fictitious registration of foreign citizens or stateless persons at a place of stay in the Russian Federation. On this basis, proposals to improve legislative and regulatory compliance practices in this area have been formulated. The object of research is social interaction associated with the establishment and application of criminal law provisions on accountability for the crimes. The subject of research is a complex of legislative, doctrinal and practical issues, the study of which contributes to the development of criminal law theory in the area of liability for illegal migration crimes. This article considers the clarifications issued by the Plenary Session of the Supreme Court of the Russian Federation cited in resolution No. 18 “On Judicial Practice in Cases on Illegal Crossing of the State Border of the Russian Federation and on Crimes Pertaining to Illegal Migration” of July 9, 2020, relevant court practice materials and the Supreme Court of the Russian Federation Judicial Department’s statistical data. Research methodology is based on general and specific scientific methods, including comparative legal and concrete-sociological ones. As a result of the comprehensive analysis of criminal justice vulnerabilities in response to crimes pertaining to illegal migration, proposals for further development of the criminal legislation on the fields of criminal liability for such crimes and practices associated with its application have been formulated. For example, this article reveals the content of actions that form the objective aspect of crimes pertaining to illegal migration, defines the legal and factual aspects of committed offences, and provides recommendations concerning their qualification, including differentiation between them and their separation from related crimes and similar administrative offenses.

scholarly journals New Trends in the Development of Criminal Law in Modern China: a Review of Changes in Chinese Criminal Legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 115-123
Author(s):  
Dongmei Pan
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Modern China ◽  
Economic Damage ◽  
Public Healthcare ◽  
Republic Of China ◽  
Special Part ◽  
Criminal Legislation

The article discusses the latest changes in the Criminal Code of the People’s Republic of China that were introduced at the end of 2020. The amendments were adopted after numerous revisions and discussions, and were officially published on December 26, 2020. As a result, fifteen new offences were added to the Criminal Code, and 47 articles were modified or amended. These amendments refer to financial security, intellectual property, security of public healthcare, production of food and medications, and the regulation of criminal liability for crimes connected with minors. Thus, they reflect the reaction of criminal legislation to public life through the criminalization and penalization of some publically dangerous actions. At the same time, they indicate the direction of Chinese criminal policy that combines «leniency» and «strictness». For example, most of the newly added offences are minor. On the whole, changes and amendments to the current Criminal Code of China are connected with different institutes of criminal law: reduction of the age of criminal liability for some offences; addition of new offences; introduction of changes and amendments to the dispositions and sanctions of some of the existing offences; provision of an opportunity to impose penalties that are under the lower limit determined by the corresponding Article of the Special Part of the Criminal Code of China if the property obtained in the crime is recovered, or the economic damage to the victim is compensated.

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