Reasons and conditions for committing cybercrimes

Ihor Kharytonenko
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Abstract

The paper highlights the following main issues: determination of the main factors of criminalization of actions, features of cybercrimes, legal and social nature of crimes of this type are considered and divided. The provision has been developed that the majority of persons who commit crimes that have cyber features are persons for whom the method of committing a crime using electronic devices and devices and cyberspace is not decisive, but was chosen due to its real availability. It was established that the reason for committing cybercrimes is a complex of arbitrariness and illusions, which covers the stages from the formation of the complex under the influence of a number of circumstances to the direct commission of a cybercrime. Moreover, the conditions that contribute to the manifestation of a complex of willfulness and illusions can be almost any factors that affect the moment a person commits a cybercrime: receiving certain information, the corresponding emotional state, the appearance of the victim or relevant accomplices, etc. The classification of motives has also been established, taking into account both the legal and social nature of the motive for the crime. Within its limits, the motives for committing cybercrimes can be divided into: 1) antisocial, which include: self-interested motive (due to the desire to obtain material benefits); hooligan motive (caused by disrespect for society and social institutions as a whole); personal motive (due to the desire to harm a specific person); 2) asocial motives that are related to the satisfaction of a person's needs in a way prohibited by law, but which are not directly aimed at causing harm to specific persons); 3) pseudo-social – worldview-ideological motive (due to the desire to spread certain views or guidelines); socio-political motive (desire to influence the course of events in public life or state life) 6) research (due to interest in illegal or criminal direction); 4) protosocial, e.g., following an order, patriotic motives, etc. It was concluded that the cause of cybercrimes is a complex of arbitrariness and illusions, which covers four stages: from the formation of the complex under the influence of a number of circumstances (the availability of using the technical capabilities of electronic devices, the availability of knowledge and skills in their use, the feeling of anonymity and impunity of using cyberspace) to the direct committing a cybercrime.
实施网络犯罪的原因和条件
本文重点研究了以下几个主要问题:行为定罪的主要因素的确定、网络犯罪的特点、网络犯罪的法律性质和社会性质的考虑和划分。已经制定的规定是,大多数实施具有网络特征的犯罪的人是使用电子设备和设备以及网络空间实施犯罪的方法不是决定性的,而是由于其实际可用性而被选择的人。认定网络犯罪的原因是任意性和幻想性的综合体,涵盖了在多种情况影响下形成的综合体到直接实施网络犯罪的阶段。此外,导致任性和幻想情结表现的条件几乎可以是影响一个人实施网络犯罪的任何因素:接收某些信息、相应的情绪状态、受害者或相关帮凶的外表等。考虑到犯罪动机的法律性质和社会性质,也确定了动机的分类。在其范围内,实施网络犯罪的动机可以分为:1)反社会动机,包括:自利动机(由于渴望获得物质利益);流氓动机(对整个社会和社会制度的不尊重);个人动机(由于想要伤害特定的人);2)非社会动机,与以法律禁止的方式满足个人需求有关,但不是直接针对特定的人造成伤害);3)伪社会-世界观-意识形态动机(由于想要传播某些观点或准则);社会政治动机(希望影响公共生活或国家生活中的事件进程);6)研究(由于对非法或犯罪方向的兴趣);4)原社会,例如,服从命令,爱国动机等。结论是,网络犯罪的原因是任意性和幻想的综合体,包括四个阶段:从在多种情况(可使用电子设备的技术能力、可获得使用这些设备的知识和技能、匿名感和使用网络空间不受惩罚的感觉)的影响下形成情结,到直接实施网络犯罪。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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