媒体与社交网络中越轨行为的刑法处理

Y. Gracheva, S. Malikov, A. Chuchaev
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引用次数: 1

摘要

很难想象没有信息和电信网络的现代社会,包括促进经济、教育、医学等发展的媒体和社会网络。媒体和社交网络是重要的沟通手段,尤其是在冠状病毒封锁期间;然而,参与网络空间的人越多,犯罪就越多。本研究的主题是媒体和社交网络上的越轨行为,目的是识别越轨行为的主要类型,确定用于损害受刑法保护的公共关系的技术,评估现行刑法中防止互联网越轨行为的措施,并提出可能需要的新措施。一般的科学方法(辩证的、逻辑的、系统的)和特殊的法律方法(比较法、形式法、法律建模)的应用。俄罗斯超过80%的网络犯罪涉及利用现代社会工程技术进行网络钓鱼的盗窃行为。虽然俄罗斯联邦最高法院另有建议,但这些盗窃行为在刑法理论和司法实践中被视为不同的一类。实现执法统一的方法之一是将特殊类型的欺诈行为从俄罗斯联邦刑法中排除。另一种占有他人财产的常见方法是使用计算机程序冻结系统,直到一定数量的钱被转移到特定账户。指出了刑法在处理这类行为方面存在的差距,并提出了消除这一差距的方法。2020年的大流行凸显了互联网在传播各种假新闻方面的作用;2020年4月1日颁布的第100-FZ号联邦法是对《刑法》第207.1条和第207.2条的有效和及时的回应。媒体和社交网络经常被用作煽动、准备和/或组织犯罪或其他犯罪的平台。对网络恐怖主义的研究表明,没有必要为此类行为引入一个独立的标准。网络犯罪还包括对隐私的攻击,这篇文章通过描述不同类型的网络骚扰以及对它们的法律回应,详细探讨了网络骚扰。修改刑法第一百三十七条措辞的建议被认为是合理的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal law treatment of deviant behavior in media and social networks
It would be difficult to imagine modern society without information and telecommunication networks, including media and social networks that promote the development of the economy, education, medicine, etc. Media and social networks are an important means of communication and especially so during the coronavirus lockdown; however, the more people are involved in cyberspace, the more crimes are committed there. The subject of this study is deviant behavior on media and social networks with the objectives of identifying the main types of deviant behavior, ascertaining the techniques used to impair public relations protected by criminal law, assessing the existing measures in criminal law that prevent deviant behavior on the internet, and proposing new measures that may be necessary. General scientific (dialectical, logical, systematic) and special legal (comparative legal, formal legal, legal modeling) methods are applied. More than 80% of cybercrime in Russia involves theft using modern social engineering technology for phishing. Although the Supreme Court of the Russian Federation has recommended otherwise, these thefts are treated as a different class in the theory of criminal law and judicial practice. One of the ways to achieve uniformity in law enforcement is to exclude special types of fraud from the Criminal Code of the Russian Federation. Another common way of taking possession of someone else’s property is to use a computer program to freeze a system until a certain amount of money has been transferred to a particular account. A gap in the treatment of such acts by criminal law is identified and ways to eliminate it are proposed. The 2020 pandemic highlighted the role of internet in spreading various pieces of fake news; Federal Law No. 100-FZ of April 1, 2020, which supplemented Articles 207.1 and 207.2 of the Criminal Code, was an effective and timely response. Media and social networks are often used as a platform forinciting, preparing and/or organizing the commission of a crime or other offenses.The study of cyberterrorism shows that there is no need to introduce an independentstandard for such acts. Cybercrime also includes attacks on privacy, and the articleexplores internet harassment in detail by delineating different types of it and the legalresponse to them. A proposal to amend the wording of Article 137 of the CriminalCode is judged sound.
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