Тип публикации: статья из журнала
Год издания: 2013
Ключевые слова: Crime, Law criminology, Law effectiveness, Organized crime, Organized criminal group
Аннотация: The article reveals problems that arise on the law-enforcement level when the court classifies a crime committed by an organized crime group (The Criminal Code of the Russian Federation, part 3, art. 35) and its distribution from crimes committed by group of persons in a preliminary collusion (The Criminal Code of the Russian FederПоказать полностьюation, part 2, art. 35). The article presents a correlation of two types of organized crime groups' featuresthose of organized group and of criminal association. The author defines features that describe an organized crime group: preliminary unifying for the purpose of criminal activity; its stability; organized structure; thorough preparation and crime planning; role structure. The author suggests that the organized nature of a crime group does not emerge in a particular crime commitment organization but in criminal structure formation and its sustentation for the purpose of considerable number of crimes. Organized crime group stability is suggested to be characterized through the specific nature of members' union. This nature is not only expressed as groups life-time but also as membership stability, number of crimes, invariability of criminal methods and forms and other circumstances that prove group's intention to commit criminal activity for more or less long period of time. The autor shows that an organized criminal group involves one more important formal feature. This feature is not provided by The Criminal Code of the Russian Federation, part 3, art. 35 but it shows the organized nature of this dangerous union. The required characteristic of an organized criminal group is its leaderthe organizer and head. Other members obey structural discipline and their leader's orders.
Журнал: Criminology Journal of Baikal National University of Economics and Law
Выпуск журнала: Is. 3
Номера страниц: 56-59