{"title":"Collective Criminal Liability in the Republic of Poland","authors":"A. Fedorov, Petr A. Litvishko","doi":"10.18572/1812-3783-2018-3-3-10","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-3-3-10","url":null,"abstract":"The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122092520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Modern French Laws on Criminal Liability of Legal Entities","authors":"A. Fedorov","doi":"10.18572/1812-3783-2018-2-68-76","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-2-68-76","url":null,"abstract":"The article surveys the French laws on criminal liability of legal entities including a review of legal entities as subjects of criminal liability and the types of crimes, which can result in bringing of legal entities to criminal liability. The author notes that bringing of legal entities to criminal liability in France does not exonerate natural persons acting as executors or accomplices in the actions related to the criminal actions of legal entities. At the same time, legal entities can be brought to criminal liability together with natural persons or on a standalone basis (separately from any natural persons). The article gives statistic data and examples of bringing legal entities to criminal liability. The author concludes that the review of the issues of criminal liability of legal entities abroad is relevant for the modern Russian legal science and legal practice.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133833590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The History of the Development of the French Laws on Criminal Liability of Legal Entities","authors":"A. Fedorov, M. V. Krichevtsev","doi":"10.18572/1812-3783-2018-1-46-56","DOIUrl":"https://doi.org/10.18572/1812-3783-2018-1-46-56","url":null,"abstract":"The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"330 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127573173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Liability of Legal Entities for Corruption-Related Crimes","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-24-11-15","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-24-11-15","url":null,"abstract":"The article contains theses of the speech at the International Scientific and Practical Conference: Liability for Corruption-Related Crimes. Prevention Measures, Legal Regulation Issues and Possible Solutions held in Moscow on April 6, 2017, by the Investigative Committee of the Russian Federation and the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia). The article draws attention to the fact that the specific matter of corruption combatting-related crimes using the criminal law means cannot be viewed separately from the more general issues related to the development of the Russian criminal laws in general. The author states the prospects of introduction of criminal liability of legal entities in the Russian Federation, justifies the objective dependence of establishment of criminal liability of legal entities for commitment of corruption-related offences. The article stresses that many countries of the world have already established criminal liability for legal entities, and the Russian interests are violated when foreign authorities have a right to bring Russian legal entities to criminal liability while the Russian law enforcement authorities can raise a question of bringing foreign legal entities to administrative liability only. Apart from that, the author notes that the need to introduce criminal liability of legal entities is driven by the membership of the Russian Federation in some international organizations and its being a party to some international conventions. The article gives reasons indicating insufficient efficiency of the institution of administrative liability of legal entities for corrupt practices, which exists in the Russian Federation. As a transitional stage to the establishment of criminal liability of legal entities, the author suggests keeping the existing liability types (criminal one for individuals and administrative one for legal entities), while abandoning different procedural models of bringing to liability in the event that interrelated acts are committed, i.e. reviewing such offences in the course of criminal proceedings.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126074381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"300 Years of the Russian Investigative Body System","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-23-3-7","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-23-3-7","url":null,"abstract":"The article is dedicated to the 300th anniversary of establishment of the Russian investigative body system — major investigative offices established on December 9, 1717, by typical instructions of Peter the Great. The article notes that the question of the time frame of the Russian investigative body establishment is interpreted differently in historical and legal research works; and reviews the existing approaches to definition of investigative bodies in the narrow sense (as independent state bodies specially authorized to investigate criminal cases at the pre-trial stage) and the broad sense (as all state bodies and their officials having investigated criminal cases at the pre-trial stage along with performance of other functions). The author justifies that the establishment of six investigative offices headed by the officers of the Preobrazhensky and Semenovsky Regiments in December, 1717, became the establishment of a system of the first Russian independent preliminary investigative bodies. Attention is paid to the need to study historical experience of the investigative body system structure. The author concludes that Peter the Great’s ideas concerning investigative body arrangement retained their relevance in the modern Russia and were implemented by creation of the Investigative Committee of the Russian Federation as an independent state body specially authorized to investigate criminal cases, which is governed by the head of the state like in the time of Peter the Great. The article lists the available areas to study history of the Russian investigative bodies; draws attention to the importance of review of lives of specific investigators of the past and the criminal cases they worked on as positive and negative examples for professional, patriotic and moral upbringing of investigators; points out the need to create an academic discipline — History of Russian Investigative Bodies.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133646586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Alcohol and Tobacco Smuggling Articles","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-22-3-13","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-22-3-13","url":null,"abstract":"The article is dedicated to the issues related to determination of the alcohol and tobacco smuggling subject as a crime stipulated by Article 2002 of the Criminal Code of the Russian Federation (CC RF). The author reviews the correlation between the “crime subject” and the “smuggling article” notions from the criminal law theory standpoint, points out the difference in their content and concludes that a new criminal law notion is formed — “smuggling article”, which defines the goods (items) listed in Articles 200¹, 200², 226¹ and 229¹ of the CC RF, where criminal liability is established for their illegal transfer across the customs (state) border. The author indicates the blanket character of Article 200¹ of the CC RF and analyzes the “alcohol product” and “tobacco good” notions considering international agreements, supranational acts of the EAEC and the EAEU and Russian laws and regulations. The alcohol product and tobacco good types are listed and briefly characterized. The notions of falsified, undue quality and counterfeited alcohol products and tobacco goods are given. The author reviews some issues related to classification of illegal transfer of falsified, undue quality and counterfeited alcohol products and tobacco goods across the customs border of the Customs Union; describes approaches to determination of large-scale smuggling of alcohol products and tobacco goods, analyzes the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 27, 2017, No. 12 On Judicial Practice in Smuggling Cases on this issue.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116586169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Public Danger and the Object of Alcohol and Tobacco Smuggling","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-21-3-9","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-21-3-9","url":null,"abstract":"The article reviews the issues related to determination of public danger and the object of alcohol and tobacco smuggling as a crime stipulated by Article 2002 of the Criminal Code of the Russian Federation (CC RF). The author pays attention to the fact that illegal circulation of alcohol and tobacco constitutes a menace to the citizens’ health and normal development of market relations, economic interests of the Russian Federation as a member of the Eurasian Economic Union (EAEU). Public danger of illegal transfer of alcohol and tobacco across the customs border of the EAEU (customs border of the Eurasian Economic Community) is primarily related to infliction of damage to the market economic relations developing in the EAEU area forming a common customs territory. The article states that additional direct objects of the crimes defined in the CC RF as smuggling performed by illegal transfer of smuggling objects across the customs border of the Customs Union within the EAEC (Articles 200¹, 200², 226¹ and 229¹ of the CC RF) are public relations related to the established procedure of good (item) transfer across the customs border of the Customs Union within the EAEC, while the main direct objects of these crimes differ; so they are included in separate chapters of the CC RF. Based on the fact that the main indirect object of alcohol and tobacco smuggling is derived from the generic object of crimes included in Chapter 22 of the CC RF and the results of the performed analysis, the author concludes that on the current stage of EAEU functioning and theoretical comprehension of the influence of appearance of this international organization of regional economic integration on determination of public relations protected by criminal law, it is optimal to acknowledge public relations securing compliance with the market economy and good faith competition principles at carrying out of international economic activities between the EAEU member states and other states (non-EAEU members) as the main direct object of alcohol and tobacco smuggling.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121037308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Smuggling Volume as Qualifying Attribute of Constituent Elements of Crime Stipulated by Article 2001 of the Criminal Code of the Russian Federation","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-20-3-10","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-20-3-10","url":null,"abstract":"The article reviews the provisions of Article 200¹ of the Criminal Code of the Russian Federation (CC RF) stipulating liability for smuggling of cash and (or) cash instruments referring to determination of the crime subject and the smuggling volume, taking into account the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 27, 2017 No. 12 On Judicial Practice in Smuggling Cases. The author reviews the content of the “cash” and “cash instrument” notions characterizing the crime subject, considering the provisions of the Russian civil legislation and the EAEU customs legislation. The smuggling volume is viewed as a qualifying attribute and an attribute demarcating the acts stipulated by Article 200¹ of the CC RF and Article 16.4 Failure to Declare or Inaccurate Declaration of Cash and (or) Cash Instruments by Individuals of the Administrative Offence Code of the Russian Federation.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"780 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134562088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Smuggling: Completed Crime and Criminal Attempt","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-19-3-17","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-19-3-17","url":null,"abstract":"The article reviews the issues related to the definition of smuggling as a completed crime and a criminal attempt, liability for which is stipulated by articles 200¹, 200², 226¹ and 229¹ of the Criminal Code of the Russian Federation, taking into account the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 27, 2017 No. 12 On Judicial Practice in Smuggling Cases. The author singles out the peculiarities of definition of smuggling at illicit transfer of smuggled items across the customs border of the Customs Union within the EAEC (EAEU customs border) and the state border of the Russian Federation with the Customs Union member states within the EAEC (EAEU member states), at import and export of the smuggled items to and from the EAEU customs territory.","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130271466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Smuggling of Same Items Committed on Numerous Occasions as Single and Cumulative Crime","authors":"A. Fedorov","doi":"10.18572/1812-3783-2017-18-3-10","DOIUrl":"https://doi.org/10.18572/1812-3783-2017-18-3-10","url":null,"abstract":"The author analyzes articles 200¹, 200², 226¹ and 229¹ of the Criminal Code of the Russian Federation stipulating liability for smuggling taking into account the clarifications of the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 27, 2017 No. 12 On Judicial Practice in Smuggling Cases. Special attention is paid to consideration of issues related to definition of smuggling as a single and cumulative crime committed by means of illicit transfer of the same items of smuggling across the customs border of the Customs Union within the EAEC (EAEU customs border) and the state border of the Russian Federation with the Customs Union member states within the EAEC (EAEU member states).","PeriodicalId":367842,"journal":{"name":"Russian investigator","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123292193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}