Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation

In the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved

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Publication Details

Journal
JURNAL CITA HUKUM
Published
2024-08-31
DOI
https://doi.org/10.15408/jch.v12i2.39698
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation

Galina Yurievna Volkova, Sergey Polyakov, Dmitriy Ivanov, Vera Batyukova et al.
JURNAL CITA HUKUM
Legal and Policy Issues
article

Classification of Circumstances that Contributed to the Commission of a Crime in the Legislation of the Russian Federation

Galina Yurievna Volkova, Sergey Polyakov, Dmitriy Ivanov, Vera Batyukova, Vitaly Vasyukov
article en

Abstract

In the article, the authors consider the most pressing issues related to the classification of circumstances that contributed to the commission of a crime in Russian legislation. It is established that the factors that make it possible to classify the above circumstances are: the identity of the suspect (accused); the living conditions and upbringing of the person who committed the crime; the circle of communication of the person who committed the crime; the circumstances of the origin of criminal intent; the circumstances that made it possible to achieve criminal goals; circumstances of an objective nature, the totality of which allows you to commit a specific crime; the absence of preventive measures and preventive work in the presence of appropriate conditions. The authors substantiate the position that the considered factors, according to which the classification of the circumstances under study was carried out, are conditional and are not exhaustive in their essence. At the same time, the classification of the circumstances under consideration by the authors allows the head of the investigative body and the investigator to correctly and competently plan their daily activities aimed at identifying, proving and eliminating them. In conclusion, the authors conclude that the classification of circumstances that contributed to the commission of a crime is necessary to build an algorithm of actions to identify, prove and eliminate them at all stages of pre-trial proceedings in criminal cases. Only when all three dominants are achieved (identification, proof, elimination) will the goals of criminal proceedings be achieved

JURNAL CITA HUKUMVol. 12(2)
Moscow State Institute of International Relations (RU), Government of Russia (RU), Ministry of Internal Affairs of the Russian Federation (RU), Moscow University of the Ministry of Internal Affairs of Russia, Novosibirsk State Technical University (RU)
Openalex Percentile: Top 64%
Legal and Policy Issues
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