从立法变化看刑法对流氓罪的反制

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY Russian Journal of Criminology Pub Date : 2023-05-26 DOI:10.17150/2500-4255.2023.17(2).156-163
Vasilii Veklenko, Vladislav Shchepelkov
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引用次数: 0

摘要

最新版的流氓行为刑事责任规范已经生效两年了。现在有必要评估打击这一罪行的刑事情况和执行《俄罗斯联邦刑法典》第213条的做法。为了进行这一评估,作者监测了上述条款的执行情况,并研究了俄罗斯联邦法院对2021年1月10日之后犯下的罪行发布的100份公开判决书。监测于2022年11月至12月进行,采用连续抽样。对官方统计数据的研究表明,在打击应受刑事处罚的流氓行为方面发生了积极的变化。对监测法院判决结果的明确分析使作者能够在流氓行为的犯罪学指数的动态中确定一些有趣的规律。法院判决的刑法研究表明,在俄罗斯联邦刑法第213条于2020年底修订后,旧的执法问题(认定行为为严重违反公共秩序,确定流氓行为的动机)因新的问题(确定武装流氓行为的特征,确定流氓行为与危害人身罪的资格)而加剧。由于监测的目的是揭露执法方面的矛盾,因此,发件人仅限于查明问题,并在这方面提请注意俄罗斯联邦最高法院必须作出特别澄清。
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Criminal Law Counteraction to Hooliganism in View of Changes to Legislation
The latest edition of the norm on criminal liability for hooliganism has been in force for two years. It is now necessary to assess the criminological situation of counterac­ting this crime and the practice of enforcing Art. 213 of the Criminal Code of the Russian Federation. In order to conduct this assessment, the authors monitored the enforcement of the abovementioned Article and studied 100 publicly available verdicts that were issued by the courts of the Russian Federation for the crimes committed after January 10, 2021. The monitoring was carried out in November–December 2022 using continuous sampling. The study of official statistics showed that there are positive changes in counteracting criminally punishable hooliganism. The express analysis of the results of monitoring court verdicts allowed the authors to identify a number of interesting regularities in the dynamics of criminological indices of hooliganism. The criminal law research of court verdicts showed that, after Art. 213 of the Criminal Code of the Russian Federation was amended at the end of 2020, the old law enforcement problems (qualifying an action as a gross violation of public order, identifying the motive for hooliganism) were aggravated by the new ones (establishing the features of armed hooliganism, qualification of hooliganism in conjunctions with crimes against a person). Since the goal of the monitoring consisted in uncovering the contradictions in law enforcement, the authors limited themselves to identifying the problems and, in this connection, drew the attention to the necessity of special clarifications from the Supreme Court of the Russian Federation.
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来源期刊
Russian Journal of Criminology
Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
14
期刊介绍: Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.
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