The influence of the sign of publicity on the criminalization of acts and the differentiation of criminal responsibility

Abstract

In the conditions of general turbulence of almost all groups of public relations, including their international level, and the resulting needs of the state, at least to prevent further instability, the publicity of socially dangerous behavior, entailing an uncontrolled increase in crime, is extremely dangerous. The engaging nature of the public behavior of the culprit, its precarious nature, which excites the slightest deviations on the part of the undefined mass of citizens, act as a direct threat to the existing order. Unfortunately, the aggravation of these processes today is due to the growth of technological progress, which facilitates the commission of crimes by certain groups. In contrast, the legislator has increasingly begun to use such a qualifying feature as "with the use in a public speech, a publicly displayed work, mass media or information and telecommunication networks (including the Internet) in order to differentiate criminal responsibility". The frequency and dynamics of its appearance in the Criminal Code of the Russian Federation in recent years cannot ignore, in turn, requiring appropriate theoretical justification.