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Problematic Issues of Establishing the Signs of an Organized Group for Crimes Committed Using Information and Telecommunication Technologies
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Problematic Issues of Establishing the Signs of an Organized Group for Crimes Committed Using Information and Telecommunication Technologies
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900027800-4
Publication type
Article
Status
Published
Authors
Aleksey Bessonov 
ORCID: 0000-0002-5616-3373
Occupation: Rector
Affiliation: Sukharev Moscow Academy of the Investigative Committee of the Russian Federation
Address: Moscow, Russia
Edition
Volume 28 No. 1
Pages
108-119
Abstract

Every fourth crime today is connected with the use of information and telecommunication technologies or committed in the field of computer information. Most of them are committed by organized groups, but not all participants in such criminal associations are brought to criminal responsibility, and about 70% of the acts in this category remain unsolved at all. One of the reasons for this state of things is the difficulty of proving the fact that an offence was committed by an organized group. At the same time, in law enforcement practice and the theory of criminal law, there is still no unified approach to the concept of “organized group” and its constituent elements.

The purpose of the study is to study the practice of qualifying acts related to the use of information and telecommunication technologies or computer information on the basis of their commission by an organized group. Research objectives: to study sentences and other final decisions of courts of various instances in criminal cases of such crimes, scientific publications on the problems of complicity in general and organized group in particular, to determine on this basis the mandatory and optional features of this kind of group.

In the process of research, the author of the article used the general scientific, frequent-scientific and special methods of cognition, primarily methods of analysis and synthesis, logical, system-structural, comparative, functional, formal-legal and statistical methods. The author of the article studied 52 verdicts and definitions of appeal and cassation court instances, as well as scientific publications on the problems of complicity in crime.

According to the results of the study, the mandatory signs of an organized group are formulated and its definition is given, recommendations are given on proving the fact of committing crimes using information and telecommunication technologies or in the field of computer information by an organized group.

Keywords
hierarchy of a criminal group, qualification of cybercrime, computer crime, organized group, complicity in crime, stability of a criminal group
Date of publication
19.01.2024
Number of purchasers
6
Views
125
Readers community rating
0.0 (0 votes)
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Additional sources and materials

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