Criminological Portrait of a Person Occupying the Highest Position in the Criminal Hierarchy: Based on the Analysis of Verdicts that Entered Into Force Under Part 4, Article 210 and Article 210.1 of the Criminal Code of the Russian Federation

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY

Russian Journal of Criminology Pub Date : 2023-09-18 DOI:10.17150/2500-4255.2023.17(4).361-371

Alexey Morozov

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Abstract

The topic of the presented research is the features of the subject of crime under Part 4, Art. 210 and Art. 210.1 of the Criminal Code of the Russian Federation (person occupying the highest position in the criminal hierarchy). The research is based on the analysis of all guilty verdicts that entered into force and are executed by the institutions of the penal system under Part 4, Art. 210 of the CC of the RF and Art. 210.1 of the CC of the RF. The goal of the research consisted in identifying the currently relevant characteristics of criminal leaders, which are supported by the law enforcement materials rather than sociological studies, i.e. the characteristics of persons occupying the highest positions in the criminal hierarchy de-jure, and not de-facto. The research used the methods of analysis, synthesis, the formal legal method, and the statistical method. As a result, the author identified the currently relevant characteristics of persons occupying the highest positions in the criminal hierarchy, and pointed out how they changed due to the transformations of the criminal subculture’s norms. The obtained results can be used when studying (teaching) the discipline «Criminal Subculture», in the practical work of bodies of investigation when qualifying crimes under Part 4, Art. 210 of the CC of the RF and Art. 210.1 of the CC of the RF, and in the practice of penitentiary institutions to prevent crimes among persons on preventive registration for being leaders and active participants of dangerous groups. It is concluded that the criminological characteristics of a person occupying the highest position in the criminal hierarchy have undergone considerable changes: certain features that were taboo in the past (having a family, children, official residence registration, military service registration, official job, etc.) are no longer relevant.

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占据犯罪等级最高位置者的犯罪学特征：基于根据《俄罗斯联邦刑法典》第 4 部分第 210 条和第 210.1 条做出的生效判决分析

本研究的主题是第 4 部分第 210 条和第 210 条规定的犯罪主体的特征。第 210 条和第 210.1 条规定的犯罪主体的特征。本研究的主题是《俄罗斯联邦刑法典》第 4 部分第 210 条和第 210.1 条规定的犯罪主体（在犯罪等级中占据最高地位的人）的特征。研究基于对刑法系统机构根据《俄罗斯联邦刑法典》第 4 部分第 210 条和第 210.1 条做出的所有生效和执行的有罪判决的分析。俄罗斯联邦刑法典》第 210 条和《俄罗斯联邦刑法典》第 210.1 条。俄罗斯联邦刑法典》第 210.1 条。研究的目的在于确定犯罪头目目前的相关特征，这些特征得到了执法材料而非社会学研究的支持，即在法律上而非事实上占据犯罪等级制度最高职位的人员的特征。研究采用了分析、综合、正式法律方法和统计方法。结果，作者确定了目前占据犯罪等级最高位置的人员的相关特征，并指出了这些特征是如何随着犯罪亚文化规范的转变而发生变化的。所获得的结果可用于 "犯罪亚文化 "学科的研究（教学）、调查机构在根据《俄罗斯联邦刑法典》第 4 部分第 210 条对犯罪进行定性时的实际工作中，以及在根据《俄罗斯联邦刑法典》第 4 部分第 210 条对犯罪进行定性时的实际工作中。俄罗斯联邦刑法典》第 210 条和《俄罗斯联邦刑法典》第 210.1 条。俄罗斯联邦刑法典》第 210.1 条第 4 部分对犯罪进行定性时的实际工作中，以及监狱机构在对危险团体的领导者和积极参与者进行预防性登记以防止其犯罪的实践中。由此得出的结论是，犯罪等级最高者的犯罪学特征发生了很大变化：过去所忌讳的某些特征（有家庭、子女、正式户籍、兵役登记、正式工作等）已不再适用。

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来源期刊

Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-

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期刊介绍： Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.