Release:
2020, Vol. 6. № 4 (24)About the authors:
Liliya V. Ivanova, Cand. Sci. (Jur.), Associate Professor, Department of Criminal Law and Procedure, Institute of State and Law, University of Tyumen; l.v.ivanova@utmn.ru; ORCID: 0000-0001-5255-3182Abstract:
COVID-19 pandemic has challenged many countries. Restrictive measures to curb the spread of the new coronavirus infection included self-isolation of citizens, as well as working and studying online, which was possible thanks to the development of information technology. However, the digital space has always attracted criminal attention. The pandemic was no exception: the number of cybercrimes has increased significantly.
The digital space has no state borders, and locating the crime scene might be difficult. The concept of a “crime scene” is absent in criminal legislation that generates controversy in criminal legal science.
The authors consider digital space as a criminal concept, analyze scientific views on the problem of determining the crime scene, highlight the features of the digital crime scene, and reveal the main types of cybercrimes.
They conclude that the crime scene in the digital space is the place of information input and entrance into the information and telecommunication network with the subsequent implementation from this scene of the criminal act, regardless of the location of socially dangerous consequences.
The research methodology includes traditional for criminal law science. The comparative legal approach allowed identifying the features of scientific and legal definitions, to define the digital space as a crime scene. The statistical method, through the analysis of crime statistics in the Russian Federation, helped showing the dynamics of crimes committed in the digital space, including during a pandemic. Using the method of analysis, the authors have studied the cybercrime cases.
References:
Blum M. I. 1974. Action of the Soviet Criminal Law in a Space. Riga: Latviyskiy universitet. [In Russian]
Boitsov A. I. 2004. Extradition of criminals. St. Petersburg: Yuridicheskiy tsentr Press. [In Russian]
Braynin Ya. M. 1967. Criminal law and its application. Moscow: Yuridicheskaya literatura. [In Russian]
Durmanova N. D. 1967. Soviet criminal law. Moscow: Izdatelstvo Moskovskogo universiteta. [In Russian]
Esakov G. A. 2015. “Extraterritorial effect of criminal law: modern world trends”. Zakon, no. 8, pp. 82-89. [In Russian]
Ignatov A. N. 2008. “On the operation of the law in time and space”. Obshestvo i parvo, no. 1, pp. 124-126. [In Russian]
Kibalnik A. G. 2020. “Criminal law response to the coronavirus pandemic”. Zakonnost, 2020, no. 5, pp. 41-44. [In Russian]
Bozhenok S. A., Gracheva Yu. V., Zhevlakov E. N., Rarog A. I. (eds). 2017. Commentary on the Criminal Code of the Russian Federation. Moscow: Prospekt. [In Russian]
Kochetkova M. N. 2014. “Procedural problems of accepting a crime report on the Internet”. Aktualnye problemy gumanitarnyh i estestvennyh nauk, no. 7-2, pp. 30-32. [In Russian]
Malinin V. B., Parfenov A. F. 2004. The Objective Side of the Crime. St. Petersburg: Izd-vo Sankt-Peterburgskogo yuridicheskogo instituta. [In Russian]
Scientific and Technical Encyclopedic Dictionary. Accessed 10 September 2020. https://dic.academic.ru/contents.nsf/ntes/ [In Russian]
RF Federal Law of 1 April 2020 No. 100-FL “On amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation”. Collection of Legislation of the Russian Federation, no. 14 [In Russian]
RF President’s Decree of 9 May 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030”. Collection of Legislation of the Russian Federation, no. 20. [In Russian]
RF Ruling of the Plenum of the Supreme Court of 30 November 2017 No. 48 “On judicial practice in cases of fraud, misappropriation and embezzlement”. Rossiyskaya Gazeta, no. 280. [In Russian]
RF Federal Law of 27 July 2006 No. 149-FL “On information, information technology, and information protection”. Collection of Legislation of the Russian Federation, no. 31 [In Russian]
Eurasian Economic Union Decision of the Supreme Eurasian Economic Council of 11 October 2017 No. 12 “On the Main Directions for the Implementation of the Digital Agenda of the Eurasian Economic Union until 2025”. Accessed 20 October 2020. https://docs.eaeunion.org/docs/ru-ru/01415213/scd_10112017_12 [In Russian]
RF President’s Decree of 5 December 2016 No. 646 “On the approval of the Doctrine of information security of the Russian Federation”. Collection of Legislation of the Russian Federation, no. 50. [In Russian]
Lopasheenko N. A. (eds). 2011. The General Part Of Criminal Law: The State of Legislation and Scientific Thought. St. Petersburg: Yuridicheskiy tsentr Press. [In Russian]
Draft Concept of the Cybersecurity Strategy of the Russian Federation. Accessed 10 September 2020. http://council.gov.ru/media/files/41d4b3dfbdb25cea8a73.pdf [In Russian]
Rykov A. Yu. 2009. “Civil regulation of transactions in the global computer network Internet. Moscow”. Cand. Sci. (Jur.) diss. Moscow. [In Russian]
RF Ministry of Internal Affairs. “The state of crime in the Russian Federation”. Accessed 20 October 2020. https://мвд.рф [In Russian]
Tarbagaev A. N. 2009. “Crime scene”. Ugolovnoe pravo, no. 3, pp. 44-49. [In Russian]
Teleshina N. N. 2011.” Virtual space as an object of state control”. Cand. Sci. (Jur.) diss. Murom. [In Russian]
Terenteva L. V. 2018. “The concept of cyberspace and the delineation of its territorial contours”. Pravovaya informatika, no. 4, pp. 66-71. [In Russian]
RF Criminal Code of 13 June 1996 No. 63-FL. Collection of Legislation of the Russian Federation, no. 25. [In Russian]
Fedotov M. A. 2016. “Constitutional responses to the challenges of cyberspace”. Lex Russica, no. 3, pp. 164-182.
China’s online court heard its first case today. Accessed 20 October 2020. https://www.engadget.com/2017-08-18-chinas-online-court-first-case.html
INTERPOL report highlights impact of COVID-19 on child sexual abuse. Accessed 20 October 2020. https://www.interpol.int/News-and-Events/News/2020/INTERPOL-report-highlights-impact-of-COVID-19-on-...
