Proving leadership in the criminal hierarchy

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The problems of proving the occupation of the highest position in the criminal hierarchy are considered. It is established that the event of the occupation of the highest position in the criminal hierarchy and the method of committing this crime are characterized by certain actions. Their list includes the acquisition by a person of a privileged position in a criminal organization (community), the nomination of a candidate for the acquisition of the status of a criminal leader, the holding of a thieves’meeting, the notification of interested persons, the performance by a person of the functions of the highest leader of the criminal hierarchy. Criminal subculture is considered as the basis for the emergence and strengthening of the criminal hierarchy in a criminalized society. The influence of criminal subculture on the acquisition of leadership status in the criminal hierarchy is shown. On the basis of the norms and rules of the criminal subculture, representatives of the highest position in the criminal hierarchy are identified - a thief in law, a layman, a lookout. The main features of these leaders in the criminal hierarchy are considered. The importance of the activities of such leaders for strengthening and spreading the criminal subculture is emphasized. The moment when a person begins to occupy a higher position in a criminal diocese is defined as the acquisition of a privileged position in a criminal organization (community). The end of the specified crime is determined by the performance of leadership functions in the criminal organization (community). The reasons contributing to the occupation of a leadership position in the criminal hierarchy are specified. These include the shortcomings of state policy in the field of economy, culture, and ideology. The social prerequisites for the occupation of the highest position in the criminal hierarchy are the conditions for the spread of criminal subculture in society. The list of circumstances to be proved in the investigation of the occupation of the highest position in the criminal hierarchy is supplemented with functional, status and attribute signs. The circumstances of the performance of organizational and administrative, regulatory, judicial, punitive functions by a person, the circumstances of the acquisition of status attributes, as well as the optional circumstances of the acquisition of attribute attributes by a person are subject to proof.

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Circumstances to be proved, the highest position in the criminal hierarchy, functional, status, attributive signs, main and optional signs, preventive circumstances

Короткий адрес: https://sciup.org/14120382

IDR: 14120382   |   DOI: 10.47629/2074-9201_2021_2_51_57

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