How to identify the person holding the highest position in the criminal hierarchy?

Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika. 2014;(4(30)):50-58

 

Journal Homepage

Journal Title: Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika

ISSN: 1998-6963 (Print)

Publisher: Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation

LCC Subject Category: Law: Law in general. Comparative and uniform law. Jurisprudence: Private international law. Conflict of laws

Country of publisher: Russian Federation

Language of fulltext: English, Russian

Full-text formats available: PDF, XML

 

AUTHORS

Grigoryev D.A. (Tyumen State Academy of World Economics, Management and l aw)
Morozov V.I. (Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation)

EDITORIAL INFORMATION

Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 12 weeks

 

Abstract | Full Text

The current version of the resolution of the RF Supreme Court Plenum of June 10, 2010 N 12, clarifying the provisions of the law on liability for crimes committed by a person holding the highest position in the criminal hierarchy (Part 4 of Article 210 of the RF Criminal Code), is criticized. Evaluative character of the considered aggravating circumstance doesn’t allow to develop clear criteria for identifying the leaders of the criminal environment. Basing on the theory provisions and court practice, the authors suggest three criteria. The first criterion is specific actions including: establishment and leadership of the criminal association (criminal organization); coordinating criminal acts; creating sustainable links between different organized groups acting independently; dividing spheres of criminal influence, sharing criminal income and other criminal activities, indicating person’s authority and leadership in a particular area or in a particular sphere of activity. The second is having money, valuables and other property obtained by criminal means, without the person’s direct participation in their acquisition; transferring money, valuables and other property to that person systematically, without legal grounds (unjust enrichment); spending that money, valuables and other property to carry out criminal activities (crimes themselves and conditions of their commission). The third is international criminal ties manifested in committing one of the crimes under Part 1 of Article 210 of the RF Criminal Code, if this crime is transnational in nature; ties with extremist and (or) terrorist organizations, as well as corruption ties. The court may use one or several of these criteria.