Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Specific Features of Criminal Law Characteristics of Organized Crime

Author(s): Sergey A Voronin

Considering the relevance of studying the peculiarities of criminal-legal characteristics of organized crime, it should be noted that, due to real threats from powerful criminal groups in the 60-ies of the last century, the Federal Bureau of investigation, the U.S. gave the characteristics of an organized criminal group as any group of persons having established kind of formalized structure whose main purpose seems to be receiving proceeds from unlawful activities and which maintains its position through use of violence and threats of violence, as well as through the development of corrupt relationships with public officials, extortion and bribery, have, as a rule, the impact on the population of a certain territory until the country as a whole. In Russian criminal law organized crime is considered as a special form of complicity. In part 3 of article 35 of the criminal code provide a definition of an organized group. This is a stable group of persons (two or more people) who combined beforehand to commit one or more crimes. The main feature of this is its sustainability. In a General sense, sustainability refers to the desire of enterprises to self-preservation, the ability to withstand impact from the outside, preserving its internal structure and inherent relationships of the constituent elements (in this case group members). The penal code does not give a specific definition of the term "sustainability". In the legal literature also has not developed a unified understanding of this characteristic of an organized group. Litigation, however, highlights a number of specific characteristics, indicating the stability of the group. The paper proposes a direct solution to the problem.