A Crime Organizer in the General Part of the Criminal Code of the Russian Federation and Special Rules on Complicity of the Special Part

A paper provides a comprehensive study of the role of the organizer in crimes without compulsory complicity and in crimes prohibited by special provisions on complicity of the Special Part of the Criminal Code of the Russian Federation (Under the special rules on complicity in this work we understand two types of norms of the Criminal Code of the Russian Federation: 1) rules establishing responsibility for combining several persons into a criminal group — Art. 209, 210 and others; 2) establishing responsibility for instigators, organizers, accomplices and other accomplices directly in the Special Part of the Criminal Code of the Russian Federation — Art. 205.1, etc.). The paper considers the issues of distinguishing the role of the organizer from the role of the instigator to the commission of a crime and an accomplice in the commission of a crime. In judicial practice, errors are often encountered both in the form of excessive (when the instigator is recognized as the organizer) and in the form of insufficient qualifications (when the organizer is recognized only as an instigator or accomplice). Such a variant of over-qualification is also possible, when the organizer is recognized as both an accomplice and an instigator to committing a crime, although the role of the organizer should absorb these functions. The paper considers the issues of qualification of the actions of the organizer and other accomplices of the crime, when, in the process of directing the commission of the crime, the organizer changes the direction of the actions of the accomplices in comparison with the original plan of action. The Plenum of the Supreme Court of the Russian Federation in some decisions recommends not to take into account the role of the organizer when committing a crime as part of an organized group (to recognize him as a co-executor of the crime). In the educational literature, this is considered as a universal rule for qualifying crimes committed by an organized group. The Criminal Code of the Russian Federation does not provide grounds for such a qualification. In judicial practice, there is no uniformity on this issue. The role of the organizer in crimes without obligatory complicity distinguishes from the role of the organizer in organized groups and criminal communities (special rules on complicity) in that in the first situation the organizer is subject to responsibility only if preparations for a specific crime are started, and in the second situation, regardless of the crime preparation commencement, but from the moment the corresponding organized group or criminal community was created.

The Problem of Deheroization of the Image of a Terrorist in Mass Media Publications

In the era of globalization, the problem of terrorism in all of its forms and aspects is one of the most important issues for the global society. This article reviewed the problem of deheroization of the image of a terrorist in modern mass media. Since the media today operate in a constantly updated digital space, the authors have tried to develop an algorithm of deheroization. In this regard, the sequence of creative operations is analyzed and presented, for a journalist or another subject of information activity is able to deprive a terrorist or a criminal group of a hero halo and any other aspects of solidarity with them. The theoretical and methodological basis of the research was scientific works devoted to the problems of counter-terrorism activities and the role of the mass media in its implementation. The empirical basis of the study was the thematic monitoring of 112 texts that covered the resonant terrorist acts of 2016–2021. Comparative analysis and secondary data analysis were used as well. Using concrete examples, it is proved that the algorithm of deheroization of the image of a terrorist, developed on the basis of legislative and ethical aspects of journalistic activity, should be characterized by discreteness, certainty, effectiveness, and should also contain some properties of the heuristic process. It is noted that the structural-thematic, socio-psychological, lexical and semantic characteristics of the broadcast texts both increase and remove their uncertainty, which ultimately determines the effectiveness of the media activity. The proposed recommendations, an analysis of techniques and methods of deheroization, can contribute not only to counter-terrorism activities, but also could be applicable in other information situations. The developed algorithm is useful for a wide range of journalists, media managers and students of creative study programs.

Criminal Law Characteristics of an Organized Group

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.

Criminal Liability for Organization of Illegal Migration

The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.

Functionality of Kenya Prisons Service in Managing Terrorist Prison Criminal Group Activities at Kamiti Maximum Prison, Nairobi Kenya

Prisons all over the world have become the ‘epicenter’ of terrorist groups' activities that include violent extremism, radicalization and recruitments into terrorist prison criminal groups. Although many scholars, especially in Kenya, have not scratched this area, the fact remains that prisons have become a center of terrorist recruitment, strengthening, interconnecting, organizing, and conducting terrorist actions with subjects outside of prison. This study, therefore, was designed to evaluate the Kenya Prisons Service's functionality in managing Terrorist Prison criminal group Activities at Kamiti Maximum Prison. Three objectives focused this study; to examine the nature of available Terrorist Prison Criminal Groups Management strategies at the institution; to identify the anti-Terrorist Prison Criminal Groups Management gaps, and finally, to identify activities associated with Terrorist Prison Criminal Groups at Kamiti Maximum Prison. The paper employed a descriptive research design and a hybrid methodology where qualitative and quantitative data were obtained. Results showed that the most embraced terrorist management techniques were separation/isolation as it allows for close supervision and use of risk assessment instruments amongst other measures. Results also showed that clandestine use of the internet while in prison was associated with the recruitment of other prisoners into terrorist groups, Islamist militant prison radicalization, and external influences. The study findings showed that the main ways to mitigate the Terrorist Prison Criminal Group activities in Kenya included creating employment opportunities for the youth, creating rehabilitation programs for terror convicts, and offering education to the public. Amongst other measures, this was perceived as mitigation to reduce terrorist groups. The study recommended judges and magistrates to only incarcerate the most serious criminals and prefer non-custodial sentences for petty offenders. This will better manage the radicalization of petty prisoners. Key words: Inmates, terrorist criminals, Prison, Isolation, Concentration, Separation.

Recruitment into Organized Crime: An Agent-Based Approach Testing the Impact of Different Policies

Objectives We test the effects of four policy scenarios on recruitment into organized crime. The policy scenarios target (i) organized crime leaders and (ii) facilitators for imprisonment, (iii) provide educational and welfare support to children and their mothers while separating them from organized-crime fathers, and (iv) increase educational and social support to at-risk schoolchildren. Methods We developed a novel agent-based model drawing on theories of peer effects (differential association, social learning), social embeddedness of organized crime, and the general theory of crime. Agents are simultaneously embedded in multiple social networks (household, kinship, school, work, friends, and co-offending) and possess heterogeneous individual attributes. Relational and individual attributes determine the probability of offending. Co-offending with organized crime members determines recruitment into the criminal group. All the main parameters are calibrated on data from Palermo or Sicily (Italy). We test the effect of the four policy scenarios against a baseline no-intervention scenario on the number of newly recruited and total organized crime members using Generalized Estimating Equations models. Results The simulations generate realistic outcomes, with relatively stable organized crime membership and crime rates. All simulated policy interventions reduce the total number of members, whereas all but primary socialization reduce newly recruited members. The intensity of the effects, however, varies across dependent variables and models. Conclusions Agent-based models effectively enable to develop theoretically driven and empirically calibrated simulations of organized crime. The simulations can fill the gaps in evaluation research in the field of organized crime and allow us to test different policies in different environmental contexts.

Przerzut migrantów przez polską wschodnią granicę – studium przypadku

Celem artykułu jest przedstawienie mechanizmu działania zorganizowanych grup przestępczych, które podejmują się ułatwiania przekraczania granicy państwa wbrew przepisom. Rozważania oparto o analizę dokonaną na podstawie studium przypadku sprawy karnej, w której sprawcy zostali skazani za organizowanie innym osobom przekraczania wschodniej granicy Polski wbrew przepisom, podjęte w ramach zorganizowanej grupy przestępczej. Zweryfikowano, czy zgodnie z doniesieniami Straży Granicznej oraz Komisji Europejskiej w analizowanym przypadku mamy do czynienia z działaniem międzynarodowej transgranicznej grupy przestępczej, czy jedynie siatki lokalnych grup przestępczych funkcjonujących na obszarze poszczególnych państw i współpracujących ze sobą. Na podstawie przyjętej metody badawczej ukazano strukturę oraz sposób działania grupy. Część rozważań poświęcono reakcji prawnokarnej na zjawisko głównie w oparciu o wysokość orzeczonych kar przez wymiar sprawiedliwości. Dokonano analizy orzeczonych kar w przedmiotowej sprawie i porównano je z polityką karną polskiego wymiaru sprawiedliwości w zakresie art. 264 § 32 i 2583 kk. Wysokość orzeczonych kar zestawiono z postulatami wynikającymi z implementacji prawa Unii Europejskiej. Migrant Smuggling Through Poland’s Eastern Border – the Case Study The aim of the article is to present a mechanism for the operation of organised crime groups which undertake to facilitate the crossing of a state border against the rules. The deliberations were based on an analysis made on the basis of a case study of a criminal case in which the perpetrators were convicted of organising the crossing of Poland’s eastern border by other people in contravention of regulations, undertaken as part of an organised criminal group. It was verified whether, according to reports from the Border Guard and the European Commission, we are dealing with the activity of international cross-border criminal group or only with network of local criminal groups operating on the territory of individual countries and cooperating with each other. On the basis of the research method adopted, the structure of the group, its mode of operation and the characteristics of foreigners were shown. Part of the deliberations was devoted to the criminal law reaction to the phenomenon mainly based on the level of penalties imposed by the justice system. The penalties imposed in the case in question were analysed and compared with the criminal policy of the Polish justice system within the scope of Article 264 § 3 and 258 of the Criminal Code. This was juxtaposed with the postulates resulting from the implementation of European Union law.

THE PLACE OF NATIONAL CRIMINOLOGY IN THE SYSTEM OF SCIENCES

The article substantiates the approach of domestic criminology to social and legal sciences. The authors analyze other approaches, according to which criminology is a part of criminal law and is the result of the application of sociological methods in criminal-legal research, or is a branch of knowledge beyond the legal sciences. The difference in the subject of criminal law and criminology is stated. It lies primarily in the fact that criminal law does not study crime, and the study of crime is carried out mainly as a legal phenomenon; criminal law examines the prevention of crimes carried out by the measures of criminal-legal policy (punishment, probationary conviction, etc.). Criminology studies mainly criminality but crime is studied as a social phenomenon and as a private expression of criminality; criminology examines crime prevention by measures that make up the content of criminological policy (control, assistance, educational impact, etc.). It is noted that despite the use of basically unified terminology both in criminal law and criminology, the content of the same terms e.g. “crime”, "criminal identity," "prevention," "criminal group" etc. is different. The authors believe that the use of methods and approaches developed by other sciences e.g. sociology, social psychology, etc. in criminological studies does not turn criminology into the branch of knowledge beyond the legal sciences. Using the borrowed methods and approaches criminology studies criminality as not only a social phenomenon, but a criminal-legal one, consisting of acts recognized as crimes in criminal law. The socio-legal nature of criminality, which is the main subject of criminology, the use in criminological research of methods of other social sciences and approaches developed by them, enable the authors to conclude that criminology is a complex social and legal science.

Occupation of the highest position in the criminal hierarchy: features of criminal law qualifications

We consider the features of criminal law qualification of occupying the highest position in the criminal hierarchy. We analyze the provisions of Article 210.1 of the Criminal Code of the Russian Federation, as well as the points of view of legal scholars about the specifics of establishing the highest criminal status of a person. As a result of this study, it is concluded that the establishment of the place of a specific subject in the criminal hierarchy is possible in those cases when the person confirms his criminal status or the persons involved as witnesses confirm that this person has a higher position in the criminal hierarchy. We believe that when determining the subject of a given crime, it is necessary to establish such signs as the subject’s opinion regarding this status; the opinion of the persons who were part of this criminal organization regarding the position of this person in it; his possession of “powers” of an administrative nature in relation to members of this criminal group or other persons adhering to “thieves’ concepts”; the opinion of other persons with the highest position in the criminal hierarchy regarding the criminal status of the subject. At the same time, it should be recognized that there is an urgent need for a judicial interpretation of the issues of quali-fication of a crime provided for in Article 210.1 of the Criminal Code of the Russian Federation, which necessitates the preparation of an appropriate resolution of the Plenum of the Supreme Court of the Russian Federation.