Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet

Autor: Yu. S. Pestereva, S. E. Timoshenko
Jazyk: ruština
Rok vydání: 2024
Předmět:
Zdroj: Сибирское юридическое обозрение, Vol 21, Iss 4, Pp 596-608 (2024)
Druh dokumentu: article
ISSN: 2658-7602
2658-7610
DOI: 10.19073/2658-7602-2024-21-4-596-608
Popis: This article examines the criminal-legal, criminological, and forensic characteristics, as well as specific investigative aspects, of “trash streams” – online broadcasts that display the commission of crimes. These streams contain criminologically significant information and promote unlawful behavior, making the actions of individuals involved in such broadcasts subject to criminal and forensic analysis. It is concluded that current criminal law does not establish separate liability for trash streams; within the framework of existing legislation, there has only been an intensification of criminal responsibility for already established crimes against individuals. In attempts to impose specific liability for trash streams, legislators have not adequately addressed the criminal motives of the perpetrators or the role of “viewers” of these streams. However, complicity provisions allow law enforcement to consider these viewers as accomplices or instigators. The Authors argue that in cases of live broadcasting of illegal actions as specified under Articles 105, 111, 112, 117, 119, 126, 127, 1271 , and 1272 of the Criminal Code of the Russian Federation, it is appropriate to consider the context of the crime’s commission. Meanwhile, the broadcast of recordings of these crimes should be treated as criminalized post-crime behavior. In both scenarios, public morality serves as an auxiliary object of this category of crimes.
Databáze: Directory of Open Access Journals