Theoretical and Practical Aspects of Qualification of Various Forms of Participation in Publicly Demonstrated Crimes against the Person

Abstract

The article develops conceptual bases of criminal-legal qualification of socially dangerous acts of viewers online-broadcasts of crimes against personality. In the structure of the audience of destructive content, shown in real time, the author distinguishes three groups of persons: active sponsors, interactive viewers and passive («shadow») observers. It is concluded that streaming service users who materially incentivize the creator of prohibited online content in the form of donates should be held criminally liable as instigators of crime, participants of the virtual broadcast of the crime, showing user activity in the form of positive feedback, are considered as accomplices of socially dangerous assault, passive («shady») observers, increasing Internet coverage the transmission of unlawful acts, it is necessary to punish in criminal law for failure to report a crime against the person or for leaving in danger. In the present study it is proposed to restore the institution of touch to a crime in Russian legislation, to expand the subject-matter of criminal law rules on putting at risk, to include the feature of public demonstration of unlawful acts in article 125 CC. These changes are aimed at increasing the social responsibility of citizens and preventing criminal attacks against the person.