Email this article Problematic Issues of Determining Some Signs of an Organized Criminal Group
- Authors: Gunkin Y.I.1
-
Affiliations:
- Investigative Committee of the Russian Federation for the Rostov Region
- Issue: Vol 16, No 8 (2023)
- Pages: 192-197
- Section: Criminal Law Sciences
- URL: https://journals.rcsi.science/2072-3164/article/view/251417
- EDN: https://elibrary.ru/PGAUQQ
- ID: 251417
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Abstract
The purpose of the research. The article discusses the problematic issues of determining some signs of an organized criminal group. The factors that make it possible to distinguish the forms of an organized criminal group from other forms of complicity are analyzed, and to properly qualify crimes related to the activities of organized criminal groups. The purpose of the study is to identify the essential features of the organization and their definition, which is essential for proper qualification.
Results. As a result of the conducted research, the author comes to the conclusion that in criminal law and judicial practice, the concept of an organized group and a criminal community (criminal organization) is absent, and therefore it is advisable to give a legal definition of these forms of complicity. Considering the issues of the quantitative composition of organized criminal groups, the author believes that the number of participants in an organized group should be at least two, and the criminal community (criminal organization) - at least four. Exploring the concept of such a feature of an organized criminal group as stability, the author believes it is possible to understand by such the duration of the existence of the corresponding criminal association, due to the presence of stable interaction of its participants.
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##article.viewOnOriginalSite##About the authors
Yuri I. Gunkin
Investigative Committee of the Russian Federation for the Rostov Region
Author for correspondence.
Email: yuriy_gunkin@list.ru
SPIN-code: 2613-8984
Senior Investigator-Criminologist of the Criminalistics Department of the Investigative Department
Russian Federation, Rostov-on-DonReferences
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