Committing a crime with public demonstration as a novel in criminal law

Relevance. The introduction into the criminal law as an aggravating circumstance and a qualifying feature for certain types of crimes related to the commission of a crime involving public demonstration, including in the media or information and telecommunications networks (including the Internet), is an important, albeit somewhat delayed step by the legislator in countering trash streams, annually increasingly gaining popularity on the web.

The purpose of the study is to establish criteria for the term "demonstration" that have criminal legal significance, as well as a criminal legal assessment of the actions of all those involved in a crime accompanied by a public demonstration in the media or information and telecommunications networks.

Objectives: to determine the legal content of the wrong concept of "trash stream"; to establish signs of demonstration; to give a criminal legal assessment of the actions of all participants in trash streams.

The methodology is based on general scientific methods such as analysis, synthesis, as well as formal logic and interpretation methods.

The results of the study show that increasing responsibility for the co-commission of a crime accompanied by a public demonstration, including in the media or information and telecommunication networks (including the Internet) is a timely decision by the legislator. The legal features of destructive content and the term "demonstration", which have a criminal legal meaning, are identified. An algorithm is proposed for the criminal assessment of the actions of all those involved in the commission of a crime, accompanied by a demonstration in the media or information and telecommunication networks.

Conclusions. The authors propose to understand trash streams as a demonstration of not only criminal, but also immoral or humiliating actions against another person. The demonstration assumes the possibility of transmitting data without the possibility of subsequent use, i.e. only online or performing actions in the presence of an indefinite circle of people. The person committing the violent act and the person making the video are co-executors. The idea of the need to introduce an independent criminal tort against those persons who view destructive content, expressing approval or paying for the conduct of this "spectacle" is expressed.

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