scholarly journals Criminal Law Characteristics of an Organized Group

Lex Russica ◽  
2021 ◽  
pp. 58-68
Author(s):  
S. D. Demchuk
Keyword(s):  
Criminal Group ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Close Relationship ◽  
Group Members ◽  
Stable Association ◽  
The Stability ◽  
Correct Understanding ◽  
Group Characteristics

The paper examines the content of the organized criminal group characteristics provided for under the law. The criminal activity of a stable association of persons poses an increased public danger. The identification of such facts and their investigation is fraught with significant difficulties that arise also due to the evaluative nature of the concept of "organized group". Therefore, its essence is analyzed not only on the basis of theoretical sources, but also in the context of judicial practice. The author compares and generalizes the signs listed in the relevant decisions of the Plenum of the Supreme Court of the Russian Federation and in court decisions on specific criminal cases. A correct understanding of the organized group characteristics is necessary for the competent qualification of crimes committed by its members, and the successful proof of their fault. The author summarizes that the sustainability of complicity is based on two complementary aspects. The first provides for a close, relatively long-term relationship between members of the group united by criminal motivation and goals (which ensures the stability of its main composition), as well as the recognition by ordinary participants of the decisions of their leader or the leading core of the group or decisions jointly made by the group as binding. The second aspect of sustainability provides for the implementation of effective criminal activity through the advance development of its plan and a clear distribution of role functions among the group members, ensuring the consistency of their actions, and the implementation of other measures necessary for the successful achievement of the intended goals. In cases where the conspiracy of the members of the group occurred immediately before the commission of the crime or took place in advance, but there was no close relationship and careful joint preparation for it we deal with a group of persons created by prior conspiracy due to the lack of stability of such an association.

Abandonment in Danger, Resulting in the Death of the Victim: Problems of Theory and Judicial Practice

2021 ◽  
pp. 82-92
Author(s):  
Vladimir N. Safonov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Theoretical Explanation ◽  
Point Of View ◽  
Criminal Cases ◽  
Dialectical Approach ◽  
Judicial Practice ◽  
The Stability

Problem Statement. The inconsistency of judicial practice in criminal cases of abandonment in danger remains an urgent theoretical, legal and practical problem that needs doctrinal coverage. The second premise of the study is the inconsistency of the established judicial practice in cases of this category with the principles of the criminal law-legality, justice, guilt. Goals and Objectives of the Study, Research Methods. The goal is to provide a theoretical explanation and practical suggestions for optimizing judicial practice in cases of this category. The study is carried out in the tradition of a dialectical approach to the content and essence of any social phenomenon, in the coordinates of which the state of the phenomenon under consideration is determined by the content and the ratio of the factors forming this phenomenon. From this point of view, the current practice of reviewing criminal cases on the most dangerous type of abandonment of an unauthorized person in danger, which resulted in his death, is subjected to research. The research methods are systematic, historical, logical, comparative, and proper – legal. Results and Summary Conclusions. The article presents a picture of the contradictory judicial practice in criminal cases of abandonment in danger, and provides a cross-section of theoretical views on the problem under consideration. The main focus is on the consideration of leaving the victim in danger, resulting in his death. It is argued that the reason for the different qualifications of abandonment in danger, associated with the onset of serious consequences (causing harm to the health or death of the victim), is due to the disregard by law enforcement officers of the understanding of this act as a single mechanism of criminal behavior, including the uniqueness of the objective signs of the act with their reflection in the consciousness of the perpetrator. The conclusion is made about the need for a systematic approach to the legal assessment of the phenomenon of abandonment in danger with the subsequent causing of death. In addition to the stability of judicial practice, the author believes that this would lead to a more precise adherence to the principles of criminal law: legality, justice, and guilt. The same principles would be more consistent with the qualification activities of law enforcement entities as a component of the State’s criminal law policy.

Use of a Lyophilized Reference Plasma to Compare Coagulation Test Procedures

1975 ◽  
Vol 34 (02) ◽  
pp. 426-444 ◽  
Author(s):  
J Kahan ◽  
I Nohén
Keyword(s):  
Oral Anticoagulant Therapy ◽  
Repeated Measurements ◽  
Test Procedures ◽  
Coagulation Activity ◽  
Close Relationship ◽  
Measured Activity ◽  
Test Materials ◽  
The Difference ◽  
The Stability ◽  
The One

SummaryIn 4 collaborative trials, involving a varying number of hospital laboratories in the Stockholm area, the coagulation activity of different test materials was estimated with the one-stage prothrombin tests routinely used in the laboratories, viz. Normotest, Simplastin-A and Thrombotest. The test materials included different batches of a lyophilized reference plasma, deep-frozen specimens of diluted and undiluted normal plasmas, and fresh and deep-frozen specimens from patients on long-term oral anticoagulant therapy.Although a close relationship was found between different methods, Simplastin-A gave consistently lower values than Normotest, the difference being proportional to the estimated activity. The discrepancy was of about the same magnitude on all the test materials, and was probably due to a divergence between the manufacturers’ procedures used to set “normal percentage activity”, as well as to a varying ratio of measured activity to plasma concentration. The extent of discrepancy may vary with the batch-to-batch variation of thromboplastin reagents.The close agreement between results obtained on different test materials suggests that the investigated reference plasma could be used to calibrate the examined thromboplastin reagents, and to compare the degree of hypocoagulability estimated by the examined PIVKA-insensitive thromboplastin reagents.The assigned coagulation activity of different batches of the reference plasma agreed closely with experimentally obtained values. The stability of supplied batches was satisfactory as judged from the reproducibility of repeated measurements. The variability of test procedures was approximately the same on different test materials.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

CRIMINOLOGICAL FEATURES OF CORRUPTION-RELATED CRIMES IN THE FUEL AND ENERGY COMPLEX

2020 ◽  
pp. 23-27
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Energy Complex ◽  
Significant Damage ◽  
Study Results ◽  
Wide Range ◽  
Illegal Activities ◽  
High Level

В представленной статье авторами рассматриваются вопросы уголовно-правовой охраны топливно-энергетического комплекса Российской Федерации от преступных проявлений, в том числе от коррупционной противоправной деятельности должностных лиц. Такие действия причиняют значительный ущерб нормальному функционированию предприятий топливно-энергетического комплекса. Авторами приводятся результаты исследования некоторых криминологических характеристик должностных лиц, совершивших преступления коррупционного характера. Дан анализ причин и условий, способствующих совершению вышеуказанных противоправных действий. Определена типовая модель преступника для данной категории преступлений и его характеристики: в первую очередь, это высокий уровень компетентности, специальное образование и т. д. Авторами отмечается высокий уровень латентной преступности в данной отрасли. Предложены некоторые пути профилактики данной категории правонарушений. Исследование проводилось на основе анализа конкретных уголовных дел, возбужденных следственными органами по результатам оперативно-розыскной деятельности правоохранительных органов. In the article the authors consider the issues of criminal and legal protection of the fuel and energy complex of the Russian Federation from criminal activity including corrupt illegal practices of officials. The authors cite the results of some criminological characteristics study of the fuel and energy complex staff committed corruption crimes. As a result of these illegal actions significant damage is caused to the normal functioning of the fuel and energy enterprises. Such officials` actions determine not only a wide range of other illegal activities, but also lead to public outcry and discredit the industry as a whole. The analysis of the reasons and conditions contributing to the above illegal actions commission is given. A typical model of a criminal for a given crime category and its characteristics are determined. First of all it is a high level competence, special education, etc. A high level of latent crime in this industry is shown. The study results are presented on the example of specific criminal cases initiated by the investigating authorities based on the results of the operation detection activities of law enforcement agencies. Some ways of preventing this category of offenses are proposed.

What are dental professionals posting on Facebook? A cross-sectional content analysis

2021 ◽  
pp. 146531252110333
Author(s):  
Keelin Fox ◽  
Parmjit Singh
Keyword(s):  
Content Analysis ◽  
Communication Strategies ◽  
Median Number ◽  
Cross Sectional ◽  
Case Presentation ◽  
Plain Text ◽  
The Past ◽  
Group Members ◽  
Group Characteristics ◽  
Product Promotion

Objective: To profile the posts on open orthodontic Facebook groups and identify which communication strategies and media modalities generate the most engagement from users. Design: A cross-sectional content analysis. Setting: Facebook Internet-based search. Methods: Post data were collected over a one-month period from the 10 largest public orthodontic Facebook groups. Evaluation of group characteristics included membership levels, number of administrators, time each group had been in existence and growth rate of each group. The number of posts, the numbers and types of engagement (likes, emojis, comments, shares) and engagement rate were calculated. The communication strategies (e.g. case presentation, course promotion, etc.) and media modalities (e.g. plain text, photograph, etc.) were recorded. Results: The study identified 190,268 Facebook members from the 10 largest orthodontic Facebook groups (median 17,811; interquartile range [IQR] 11,977). The median time the groups had existed was six years (median 2175 days; IQR 2311 days) and the median number of new group members in the past month was 1257 (IQR 2773). The median number of new group members in the past month was 1257 (IQR 2773). There were 227 postings during the study period with 2546 engagements. The overall median number of engagements was 196 (IQR 445) and the engagement rate of posts was 1.3% overall. Posts relating to course promotion (n = 63, 28%) followed by product promotion (n = 42, 19%) were the most common. Case presentation style posts accounted for 15% (n = 35). The level of engagement was greater for posts that had a clinical component compared to posts that did not ( P < 0.001). For media modality, posts that included a photograph had greater engagement ( P < 0.001). Conclusion: There are frequent posts on course and product promotion in orthodontic Facebook groups; however, these are associated with low levels of engagement. Posts that are clinically orientated and include photographs have higher levels of engagement.

Does crossing the road in a group influence pedestrians’ gaze behavior?

2020 ◽  
Vol 64 (1) ◽  
pp. 1938-1942
Author(s):  
Mirjam Lanzer ◽  
Martin Baumann
Keyword(s):  
Group Size ◽  
Situational Factors ◽  
Gaze Behavior ◽  
The Road ◽  
Road Users ◽  
Gender Influence ◽  
Vulnerable Road Users ◽  
Group Members ◽  
And Gender ◽  
Group Characteristics

So far, research on pedestrians’ gaze behavior while crossing roads has mainly focused on individual pedestrians rather than groups. However, pedestrians often travel in groups especially in downtown areas. This observational study investigated how group characteristics (group size and movement of the group), situational factors (presence of traffic), and demographic variables (age and gender) influence pedestrians’ gaze behavior towards traffic during road crossing. A total of N = 197 pedestrians were observed of whom n = 24 traveled alone, n = 128 traveled in groups of two or three, and n = 45 traveled in groups of four or more. Results indicated that with increasing group size, the odds to observe traffic decreased. Diffusion of responsibility among group members might explain this effect. Finally, pedestrians’ group characteristics should be considered when developing automated vehicles that interact with vulnerable road users.

scholarly journals Stability and Instability in the Lysogenic State of Phage Lambda

2010 ◽  
Vol 192 (22) ◽  
pp. 6064-6076 ◽  
Author(s):  
John W. Little ◽  
Christine B. Michalowski
Keyword(s):  
Intrinsic Rate ◽  
Growth Conditions ◽  
Emergent Properties ◽  
Regulatory Circuits ◽  
Stability And Instability ◽  
Natural Range ◽  
Analysis Of Stability ◽  
Stable Association ◽  
The Stability ◽  
Gene Regulatory Circuits

ABSTRACT Complex gene regulatory circuits exhibit emergent properties that are difficult to predict from the behavior of the components. One such property is the stability of regulatory states. Here we analyze the stability of the lysogenic state of phage λ. In this state, the virus maintains a stable association with the host, and the lytic functions of the virus are repressed by the viral CI repressor. This state readily switches to the lytic pathway when the host SOS system is induced. A low level of SOS-dependent switching occurs without an overt stimulus. We found that the intrinsic rate of switching to the lytic pathway, measured in a host lacking the SOS response, was almost undetectably low, probably less than 10−8/generation. We surmise that this low rate has not been selected directly during evolution but results from optimizing the rate of switching in a wild-type host over the natural range of SOS-inducing conditions. We also analyzed a mutant, λprm240, in which the promoter controlling CI expression was weakened, rendering lysogens unstable. Strikingly, the intrinsic stability of λprm240 lysogens depended markedly on the growth conditions; lysogens grown in minimal medium were nearly stable but switched at high rates when grown in rich medium. These effects on stability likely reflect corresponding effects on the strength of the prm240 promoter, measured in an uncoupled assay system. Several derivatives of λprm240 with altered stabilities were characterized. This mutant and its derivatives afford a model system for further analysis of stability.

scholarly journals On the Stability of Social Preferences in Inter-Group Conflict: A Lab-in-the-Field Panel Study

2021 ◽  
pp. 002200272199408
Author(s):  
Robert Böhm ◽  
Jürgen Fleiß ◽  
Robert Rybnicek
Keyword(s):  
Field Study ◽  
Presidential Election ◽  
Social Preferences ◽  
Panel Study ◽  
Future Research ◽  
Group Conflict ◽  
Considerable Heterogeneity ◽  
Specific Preference ◽  
Group Members ◽  
The Stability

Despite the omnipresence of inter-group conflicts, little is known about the heterogeneity and stability of individuals’ social preferences toward in-group and out-group members. To identify the prevalence and stability of social preferences in inter-group conflict, we gather quota-representative, incentivized data from a lab-in-the-field study during the heated 2016 Austrian presidential election. We assess social preferences toward in-group and out-group members one week before, one week after, and three months after the election. We find considerable heterogeneity in individuals’ group-(in)dependent social preferences. Utilizing various econometric strategies, we find largely stable social preferences over the course of conflict. Yet, there is some indication of variation, particularly when the conflict becomes less salient. Variation is larger in social preferences toward in-group members and among specific preference types. We discuss the theoretical implications of our findings and outline potential avenues for future research.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

scholarly journals ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

2021 ◽  
Vol 37 (1) ◽  
pp. 117-122
Author(s):  
E.V. Bykadorova ◽  
◽  
N.V. Manilkin ◽  
N.V. Boldyrev ◽  
◽  
...  
Keyword(s):  
Final Part ◽  
Criminal Case ◽  
Crime Statistics ◽  
Guilty Verdict ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Moment ◽  
Court Of First Instance

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.

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