Baranova M.A. The Issues of Determining the Territorial Jurisdiction of Criminal Cases Regarding Extremist Crimes
DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.7
Marina A. Baranova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Procedure, Saratov State Academy of Law, Volskaya St., 1, 410056 Saratov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0159-7542
Introduction: extremism in modern Russia is becoming more sophisticated and veiled, and is widely spread among young people, including through the Internet, and therefore it is of great importance to detect and stop it in a timely manner. The purpose of the work is to examine the existing theoretical structures on the issue of determining the scene of an extremist crime using the information and telecommunications networks and, accordingly, the territorial jurisdiction of criminal cases, as well as to study the practical side of the issue. Methods: the methodological framework for this research is a set of methods of scientific knowledge: dialectical, system, analysis, logical. Results: the author’s well-founded position is based on the current legislation, explanations of the Plenum of the Supreme Court of the Russian Federation, current judicial practice, the position of scientists – processualists on determining the time and place of the crime in the global information network and the dependence of the criminal investigation on these factors. Conclusions: the study determined that extremist crimes committed using the information and telecommunications networks, including the Internet, are characterized by extraterritoriality and may be subject to the jurisdiction of several states. To correctly determine the jurisdiction of such criminal cases, it is necessary not to wait for the development of a single international act, but to follow the current provisions of Parts 3, 4 and 4.1 of Article 152 of the Criminal Procedure Code of the Russian Federation.
Key words: extremism, extraterritoriality, information and telecommunications networks, crime scene, alternative investigation.
Citation. Baranova M.A. The Issues of Determining the Territorial Jurisdiction of Criminal Cases Regarding Extremist Crimes. Legal Concept, 2020, vol. 19, no. 2, pp. 50-56. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.7
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