SOME ISSUES OF INVOLVEMENT IN THE REALIZATION OF THE GOALS PURSUED BY A GROUP WITH A CRIMINAL SUBCULTURE

Authors

DOI:

https://doi.org/10.46991/S&L/2023.95.118

Keywords:

group with a criminal subculture, thieves' world, to be involved in the realization of the goals pursued by a group with a criminal subculture, implementation of professional functions, fulfilling the requirements of the law or other legal acts, criminal-legal compromise, incentive norm exempting from criminal liability, imposing punishment

Abstract

The article is devoted to some issues of involvement in the realization of the goals pursued by a group with a criminal subculture. In particular, the author of the article discussed the lack of need to provide a special norm excluding criminal liability for the above-mentioned act, when the participation of a person, who is not a member of such a group, with any role in the realization of the group's goals was manifested by performing actions considered permissible by the legislation. In addition, reference was made to the need to provide a separate article for the responsibility for the act under discussion, to establish a special incentive norm exempting the persons who committed the crime and demonstrated positive post-criminal behavior from criminal liability.

As a result, the author proposed to provide responsibility for the above-mentioned crime in a separate article and establish more lenient punishment, as well as provide a special incentive norm exempting from criminal responsibility for the persons involved in the realization of the goals pursued by such a group, if the latter contributed to the disruption of the group's activities.

Author Biography

Arman Babakhanyan, Yerevan State University

Ph.D Student, Lecturer at YSU Chair of Criminal Law,

Assistant to the Judge of the Criminal Chamber of the RA Cassation Court

Published

2022-05-31