Conceptual Apparatus in the Doctrine of Criminal Community and Criminal Organization: Searching for a Compromise
- 10.2991/assehr.k.200321.083How to use a DOI?
- complicity, criminal community, criminal organization, term, hermeneutics, type of accessory
The article deals with the issue of correlation between the concepts of “criminal community” and “criminal organization”. First, the author analyses the existing views on the stated problem. Further, using legal hermeneutics as the research methodology, the author deduces the authentic meanings of the terms “criminal community” and “criminal organization”. The article also reveals the signs of a criminal community and outlines its definition. In the text of the study it is proved that the concept of “criminal community” is not a part of the institute of complicity, therefore this term should be excluded from the general conditions of the Criminal Code of the Russian Federation, at the same time providing for criminal liability for ordering the activities of a criminal community within its particular conditions. The author claims, however, that in the current criminal legislation of the Russian Federation, the legislator unconsciously separated the criminal community and the criminal organization, although he did not formalize it in terms of terminology. The article also provides practical situations that confirm the results of the study.
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - V.A. Popov PY - 2020 DA - 2020/03/24 TI - Conceptual Apparatus in the Doctrine of Criminal Community and Criminal Organization: Searching for a Compromise BT - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020) PB - Atlantis Press SP - 51 EP - 56 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200321.083 DO - 10.2991/assehr.k.200321.083 ID - Popov2020 ER -