The impact of digitalization on the differentiation of criminal liability of accomplices in crime

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A group method of committing a crime and committing a crime using information technology are circumstances that increase the degree of public danger of the crime. The article examines the relationship between the qualifying characteristics of committing an act in a group and committing the same act using information and telecommunication networks. It is noted that the legislator has different approaches to assessing the degree of public danger of given circumstances, which is reflected in the prescribed punishment in the form of imprisonment for a certain period. In some articles of the criminal law, committing an act individually, but with the use of information technology, and committing an act in a group are assessed by the legislator in the same way. In other articles, a group crime is assessed by the legislator as a more socially dangerous act. In the third type of crimes, the use of information and telecommunication networks is considered a more dangerous crime compared to one committed by several persons. The conclusion is made about the need for a uniform approach to assessing the degree of public danger of the same circumstances, enshrined in different articles of the Criminal Code of the Russian Federation, which will contribute to the proper differentiation of the responsibility of the perpetrators of the crime and, as a result, the imposition of a fair punishment.

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Complicity, digitalization, differentiation, responsibility, group

Короткий адрес: https://sciup.org/147244268

IDR: 147244268   |   DOI: 10.14529/law240302

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