In the structure of crime, the proportion of its organized forms is a rather high percentage. At the present stage, this trend is a serious problem. According to statistics, the criminal world quickly moved from disparate groups to technically equipped, close-knit communities. Their high public danger is indicated by a large number of acts classified as especially grave. Let us consider in more detail the concept of a criminal community .
General information
The organization of the criminal community was criminalized only in 1996. In this regard, this composition is considered relatively new, requiring analysis and reflection. It is now recognized that the criminal communities of Russia are one of the most dangerous types of criminal activity. They encroach primarily on the moral, legal, political and economic spheres of life. For a long time it was believed that such a form of crime did not exist and could not exist in the state. Accordingly, for a long time it was not the subject of study by experts. In this regard, neither in theory nor in practice the country was ready for its development.
Definition
Currently, the doctrine has not developed a clear and universal concept of the criminal community. The elements that make up the definition are heterogeneous. However, despite this, the essence of the term is assimilated by all in the same way. In accordance with international experience, domestic practical experience, an analysis of the criminal situation, a general definition can be formulated. The organization of a criminal community is an association of stable, manageable groups of people involved in committing unlawful acts as a business, creating through corruption a system of protection against public control.
Danger
The organization of a criminal community is a great threat to society. Moreover, the degree of danger is not always really evaluated even by those who are fighting it. The threat is expressed not so much the number of thefts, extortions or robberies. The danger in the first place is an encroachment on the authorities and governing bodies. The organization of a criminal community is the introduction of corruption in state structures. It contributes to the decomposition of the system of power, spiritual impoverishment. Organized crime has a particular impact on young people.
Signs of a criminal community
The key characteristics of this phenomenon are:
- Focus on the commission of systematic unlawful acts.
- Continuous income.
- Formation of a specific area of influence or control or territory, managerial, industrial and industrial sector.
These features are interdependent and interconnected. The wrongfulness of the goal of constantly earning income entails the systematic commission of acts. To achieve success, in turn, a certain industry or field of activity is monopolized.
Specificity
There are a number of criteria by which organized crime differs from other criminal forms. These include:
- Intentional and preplanned illegal behavior.
- The union of actors who commit acts, the distribution of roles between them. In this case, a hierarchical system of relations is formed.
- The purposeful development of measures to protect against exposure, holding individuals accountable under the Criminal Code of the Russian Federation.
- The organization of the criminal community involves the creation of management structures within the association. At the same time, the so-called higher echelon stands out. Its representatives (the leader of the criminal community and persons close to him) exercise leadership functions, not directly related to specific illegal actions. This ensures their impunity.
- The presence of uniform standards of behavior and responsibility within the association.
- General cash funds. Funds are invested in various criminal areas, used to bribe, material support for participants. The presence of capital provides a combination of the general criminal and the mercenary orientation of acts.
- Monopolization, expansion of the scope of illegal activities, cooperation of communities in various industries, introduction of services and goods to the black market.
- Creation and stabilization of factors leading to economic deficit.
- The use of legal channels for the "laundering" of funds obtained illegally.
- Active dissemination of criminal ideology, including in places of detention.
- Providing material and moral support to community members in prisons and colonies.
- Distraction of society to secondary (relative to the criminal situation) problems.
- Formation of illegal ties with the sectors of economic management and law and order.
These signs illustrate quite clearly the difference between banditry and the organization of a criminal community.
Features of existence
Organized crime is manifested in the actions of criminal communities. At the same time, experts note the heterogeneity of the phenomenon. In a minimal form, it is a comprehensive result of the functioning of communities of thieves, smugglers, and others. Each such association functions separately. In the maximum form, the phenomenon is represented by large syndicates, community systems. In such structures, equivalent associations that have a certain relationship can act. In systems, in many cases, there are communities that control their own kind. In these structures, the interaction is carried out vertically.
Internal cohesion
It may be based on different beliefs and ideas. In this sense, organized crime is considered universal. It covers a huge number of different types of illegal acts. Complex organizational and hierarchical relationships, the presence of large sums of money in circulation, and connections with law enforcement and administrative bodies serve as evidence of a high degree of cohesion. From the provisions of Article 35 (part 4) of the Criminal Code it follows that an organized group is created as a criminal community, which is created to commit acts that are considered serious or especially serious, as well as an association of such organizations formed for the same purpose.
Internal structure
The criminal community is seen as a manifestation of the highest level of organized crime. It has a complex internal structure. The community includes organizational and managerial, auxiliary and directly executive links. The first includes two blocks of strategic and current management. The functions of the latter consist in introducing specific methods and techniques of criminal activity, accounting for assets and finding channels for their investment, monitoring compliance with informal norms, recruiting new people, solving personnel problems, etc. Strategic management involves developing a common area of activity. This unit is involved in developing tactics for committing a crime, concentrating funds, controlling their receipt and spending. He also formulated measures to counter law enforcement bodies.
Auxiliary link
It serves to ensure the safety and effective functioning of the community. First of all, this link carries out counterintelligence. To solve the tasks involved professional criminals are repeatedly convicted. An auxiliary link establishes corrupt communications. They ensure the leak of information on operational-search measures of law enforcement agencies, the seizure or destruction of certain procedural documents or criminal cases in general, the receipt of information about witnesses and victims in order to exert pressure on them. In addition, the auxiliary link carries out reconnaissance. It consists in searching for objects of encroachment, checking potential victims.
Performers
They perform the following tasks:
- Leading groups and committing specific acts.
- Protection, transportation, sale of items that were obtained illegally.
- The activities of communications and intermediaries.
- Direct preparation and execution of illegal actions.
Art. 210 of the Criminal Code: the organization of the criminal community
The Criminal Code provides for liability for persons who have created and entered into a criminal association. It will not matter if she committed any illegal acts or not. In this norm, liability is established:
- For the creation of a criminal association for the commission of acts of an especially grave or grave nature, the management of it or the structural units included in it, the formation of a group of leaders or other representatives to develop plans for the implementation of illegal encroachments.
- Participation in the criminal community . In particular, this refers to joining a criminal association, its management structure or other unit.
- The commission of the above acts using the subject of his official position.
Explanations
The formation of an association involves the recruitment of individuals, the establishment of criminal goals. In some cases, formal membership fixation takes place by pledging allegiance. The management of the community and its constituent entities consists of developing criminal activity plans, distributing roles and responsibilities among members, and determining objects of abuse. It also involves giving tasks and directions to ordinary members. The creation of an association of leaders or other representatives of groups to increase their efforts, integrate activities, and develop plans for joint criminal activities is considered the highest form of manifestation of the phenomenon under consideration. The entry into it also covers article 210 of the Criminal Code of the Russian Federation (part 1).
Nuances
The organization of a criminal community or participation in it involves giving consent to become a member of the association, to attend meetings and meetings, while developing plans for committing acts, and performing tasks received from leaders. Social security acts as the general object of the encroachment, and relations in the framework of which the protection of the individual, society, state, and property are directly involved. Organization of a criminal community or participation in it using official status is punished in accordance with part three of the above norm. This structure involves an encroachment on, inter alia, the government, the interests of the civil service, the activities of territorial government bodies, municipal and state institutions, and work in commercial and other structures.
Association Creation Activities
Community formation is carried out by:
- The acquisition of weapons, communications, uniforms, vehicles, documents.
- Development of the internal structure, action plans.
- The distribution of roles between members of the association in the preparation and direct commission of acts.
- The introduction of strict discipline and penalties for violations.
- Formation of the mechanism of financial, material and technical support.
- Establishment of strong communication channels between participants and structural units of the community.
- Organization of bribery of officials (employees of law enforcement agencies in the first place).
Difficulties in qualifying
In investigative practice, problems often arise related to the prosecution of direct community organizers who commit crimes. It is worth saying that today in the activities of authorized investigation bodies and courts there is no single approach to the issue of qualification of such acts. Meanwhile, there are explanations of the Armed Forces in a number of cases of banditry. It seems that these explanations can be attributed to the indicated qualification issues. Entering the criminal community, the subject understands that he becomes a member of it, is ready to participate in crimes and strives for this. If the association began its activity and the persons committed the planned assaults, the behavior of citizens is qualified according to the totality of norms. In particular, article 210 of the Criminal Code of the Russian Federation and the provisions of the code covering specific acts apply.
Important point
The difference from the gang, in addition to the above characteristics, also lies in the fact that for recognizing the community as a criminal, the criterion of armament is not required. Meanwhile, a number of important points must be taken into account. First of all, it should be taken into account that in Art. 210 refers to the criminal community, in Art. 209 to an armed group. Suppose that for the development of general plans and subsequent unlawful activities, the leaders of illegal groups have come together. Their behavior must be qualified according to the 210th article (part 1) of the Criminal Code. When considering the specific acts of the members of the united groups, it should be established that the members of one group were aware of the fact of coordinated, joint activity with persons from another group.