Criminal law response to property crimes in the modern context

This article analyzes key aspects of the criminal law response to property crimes in light of the development and integration of information and telecommunication technologies into various spheres of human activity. The author emphasizes that a significant proportion of crimes are now committed using these technologies, with property crimes- specifically theft and fraud-being the most prevalent. This shift is accompanied by notable changes in the structure of recorded property offenses. Official statistics indicate a substantial increase in recorded fraud cases alongside a certain decrease in recorded thefts. The emergence of new methods and means for committing property crimes necessitates scientifically and criminologically grounded amendments to the law. One legislative measure aimed at countering property crimes in the modern context has been the introduction of the qualifying feature "from a bank account, or with respect to electronic money." This has led to heightened criminal liability for theft and fraud involving computer information. However, law enforcement practice encountered difficulties in distinguishing between offenses under Part 3 (g) of Article 158 and Article 159.3 of the Criminal Code, which were subsequently resolved by the nation's highest judicial authority. A contemporary trend in criminal law involves moving beyond an exclusively tangible concept of property subject to theft, expanding it to include intangible objects of value. This expansion raises several practical questions for law enforcement. The legal nature and types of digital assets are diverse, a fact that must be considered when determining their properties as subjects of theft or other property crimes. A separate issue requiring attention is the determination of the value of such digital objects, as the pricing mechanism in this sphere remains insufficiently regulated. The author declares no conflicts of interests.

Keywords

Authors

References