Criminalistics classification of criminal offences in the field of economic activity
Abstract
The article determines that the group of criminal offences in the field of economic activity is numerous, and despite a number of common features, it is still quite diverse both in terms of the specifics of the object of the offence and the methods of commission, as well as other features. In addition, the study analyses the typical approaches of criminal law scholars to the classification of crimes in the field of economic activity.
Based on the generalisation of theoretical approaches to the forensic classification of criminal offences, it is justified that there is a need to apply an approach which, in terms of studying legal phenomena through the use of the classification method of cognition, provides for simultaneous consideration of criminal law features which are considered to be basic and forensically significant features.
The generalisation of scientific approaches to the forensic classification of certain groups of criminal offences in the field of economic activity has made it possible to identify the basic grounds for their differentiation. With this in mind, the main classification criteria for criminal offences in the field of economic activity include: 1) the type of economic interests that have been harmed; 2) the status of the entity (in the field of economic relations) in respect of which the criminal offence was committed; 3) the type of tools and means used; 4) the type of economic activity and industry in which the entity is engaged; 5) the form of complicity of the perpetrators of the crime 6) characteristic features of the perpetrator's personality; 7) a method of commission; 8) the characteristics of the object of the offence and the social relations to which the damage is caused; 9) the amount of damage caused; 10) the type of violence used; 11) the legal regime during which the criminal offence was committed; 12) the type of consequences that occurred. Additional criteria are proposed to include the purpose and motives of the perpetrator or a group of persons involved in the commission of a criminal offence, the existence of preparatory actions, etc.
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