Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet
This article examines the criminal-legal, criminological, and forensic characteristics, as well as specific investigative aspects, of “trash streams” – online broadcasts that display the commission of crimes. These streams contain criminologically significant information and promote unlawful behavio...
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| Format: | Article |
| Language: | Russian |
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Omsk Law Academy
2024-11-01
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| Series: | Сибирское юридическое обозрение |
| Subjects: | |
| Online Access: | https://www.siberianlawreview.ru/jour/article/view/1989 |
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| _version_ | 1839628927955369984 |
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| author | Yu. S. Pestereva S. E. Timoshenko |
| author_facet | Yu. S. Pestereva S. E. Timoshenko |
| author_sort | Yu. S. Pestereva |
| collection | DOAJ |
| description | This article examines the criminal-legal, criminological, and forensic characteristics, as well as specific investigative aspects, of “trash streams” – online broadcasts that display the commission of crimes. These streams contain criminologically significant information and promote unlawful behavior, making the actions of individuals involved in such broadcasts subject to criminal and forensic analysis. It is concluded that current criminal law does not establish separate liability for trash streams; within the framework of existing legislation, there has only been an intensification of criminal responsibility for already established crimes against individuals. In attempts to impose specific liability for trash streams, legislators have not adequately addressed the criminal motives of the perpetrators or the role of “viewers” of these streams. However, complicity provisions allow law enforcement to consider these viewers as accomplices or instigators. The Authors argue that in cases of live broadcasting of illegal actions as specified under Articles 105, 111, 112, 117, 119, 126, 127, 1271 , and 1272 of the Criminal Code of the Russian Federation, it is appropriate to consider the context of the crime’s commission. Meanwhile, the broadcast of recordings of these crimes should be treated as criminalized post-crime behavior. In both scenarios, public morality serves as an auxiliary object of this category of crimes. |
| format | Article |
| id | doaj-art-3da8bcd7ab3f456193e3b7155f9f84b4 |
| institution | Matheson Library |
| issn | 2658-7602 2658-7610 |
| language | Russian |
| publishDate | 2024-11-01 |
| publisher | Omsk Law Academy |
| record_format | Article |
| series | Сибирское юридическое обозрение |
| spelling | doaj-art-3da8bcd7ab3f456193e3b7155f9f84b42025-07-15T08:04:17ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102024-11-0121459660810.19073/2658-7602-2024-21-4-596-6081799Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the InternetYu. S. Pestereva0S. E. Timoshenko1Synergy UniversitySiberian Law UniversityThis article examines the criminal-legal, criminological, and forensic characteristics, as well as specific investigative aspects, of “trash streams” – online broadcasts that display the commission of crimes. These streams contain criminologically significant information and promote unlawful behavior, making the actions of individuals involved in such broadcasts subject to criminal and forensic analysis. It is concluded that current criminal law does not establish separate liability for trash streams; within the framework of existing legislation, there has only been an intensification of criminal responsibility for already established crimes against individuals. In attempts to impose specific liability for trash streams, legislators have not adequately addressed the criminal motives of the perpetrators or the role of “viewers” of these streams. However, complicity provisions allow law enforcement to consider these viewers as accomplices or instigators. The Authors argue that in cases of live broadcasting of illegal actions as specified under Articles 105, 111, 112, 117, 119, 126, 127, 1271 , and 1272 of the Criminal Code of the Russian Federation, it is appropriate to consider the context of the crime’s commission. Meanwhile, the broadcast of recordings of these crimes should be treated as criminalized post-crime behavior. In both scenarios, public morality serves as an auxiliary object of this category of crimes.https://www.siberianlawreview.ru/jour/article/view/1989trash streamtrash contentviolent crimecrimethe internetinvestigationvirtual tracesqualification of crimes against the personpublic demonstration |
| spellingShingle | Yu. S. Pestereva S. E. Timoshenko Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet Сибирское юридическое обозрение trash stream trash content violent crime crime the internet investigation virtual traces qualification of crimes against the person public demonstration |
| title | Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet |
| title_full | Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet |
| title_fullStr | Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet |
| title_full_unstemmed | Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet |
| title_short | Criminal-Legal, Criminological, and Forensic Aspects of the Public Demonstration of Crimes Against Individuals on the Internet |
| title_sort | criminal legal criminological and forensic aspects of the public demonstration of crimes against individuals on the internet |
| topic | trash stream trash content violent crime crime the internet investigation virtual traces qualification of crimes against the person public demonstration |
| url | https://www.siberianlawreview.ru/jour/article/view/1989 |
| work_keys_str_mv | AT yuspestereva criminallegalcriminologicalandforensicaspectsofthepublicdemonstrationofcrimesagainstindividualsontheinternet AT setimoshenko criminallegalcriminologicalandforensicaspectsofthepublicdemonstrationofcrimesagainstindividualsontheinternet |