F. M. Dostoevsky’s novel “Crime and Punishment” is one of the most complex works not only in the writer’s work, but also in Russian literature as a whole. Today, when the habit of watching film adaptations of books “based on” and reading “diagonally” is strong, it is not easy to master a voluminous novel, to see its deep meaning, to follow the complex action, despite the sharp detective plot. But if you carefully read the work, you can understand that everything in it is subordinated to the revelation of the greatest humanistic idea author.
“Crime and Punishment” reflects a difficult time - the 60s of the 19th century. Progressive people of the era believed that a strong Personality, bright and extraordinary, could rise above society. Dostoevsky showed the ferment of minds, the search for one’s “I” and, as a result of this, the creation of theories that contrast man with the world around him. Ideas of Raskolnikov and Luzhin, life position Svidrigailova is not a fiction of the author, but actually existing views. Luzhin's economic theory almost completely coincides with Chernyshevsky's theory of reasonable egoism. But Raskolnikov has a real prototype - a man who committed a crime not because of money, but under the influence of his idea.
The third quarter of the 19th century was characterized by man's departure from God. People could not find an explanation for the terrible sins and atrocities that were happening on earth. But, according to Dostoevsky, a person chooses his own path. The Almighty can only show him the way, direct him along it.
It is these two lines: the debunking of theories that place one person above others, and the affirmation of the priority of Christian commandments and moral principles - the main ones in the novel. And their approval is subject to the plot, the system of images, and the composition of the work. The plot of the novel is based on a real fact - a murder committed by a young man under the influence of his ideas. The essence of the novel is a psychological analysis of the crime and its moral consequences. But “Crime and Punishment” is a socio-philosophical work, so the author also seeks to reveal the vices of society that pushes a person to crime.
The hero himself, an intelligent and honest person, perfectly sees the injustice of the world around him, sees that some, insignificant and stupid, live in magnificent mansions on the banks of the Neva, enjoying the coolness of Vasilyevsky Island in the summer, while others, fair, intelligent, sensitive, are forced to huddle in barracks on Sennaya, in the summer you can choke from the stench and stench of the main shopping area of St. Petersburg. And he understands that people are divided into two camps: “lower” and “higher,” “trembling creatures” and “those who have the right” to kill for the good. This division occurs not on a material basis, but on a moral basis: “...he who is strong and strong in mind and spirit is... the ruler!” The hero recognizes the right of one person to be above others, to administer justice, execute and pardon at his own discretion. He does not believe in God and believes that man can be a judge. The main thing that is opposed to Raskolnikov’s theory is the truth of Sonya Marmeladova, her position in life.
The image of Sonya is one of the most important in the novel; in it Dostoevsky embodied his idea of a “man of God”. Sonya lives according to Christian commandments. Placed in the same difficult conditions of existence as Raskolnikov, she retained living soul and that necessary connection with the world, which was broken main character who committed the most terrible sin - murder. Sonechka refuses to judge anyone and accepts the world as it is. Her credo: “And who made me the judge here: who should live and who should not live?” It is with Sonya that Raskolnikov’s path is connected, the path of repentance and resurrection.
To completely debunk Raskolnikov’s idea, Dostoevsky uses a technique that is widely used in Russian literature: he introduces doubles of the main character. These are Luzhin and Svidrigailov. At first glance, Luzhin’s economic theory has nothing in common with Raskolnikov’s ideas, but they are based on the same idea: one person stands above other people, universal laws were not created for him. Both Luzhin and Raskolnikov allow the shedding of blood, but if Raskolnikov can kill in the name of the future, in the name of the good of thousands of people, then Luzhin allows the shedding of blood in the name of personal gain. Svidrigailov lives by the principle of permissiveness. He believes that all the moral principles of society were not created for him. That is why a trail of crimes trails behind him. It is thanks to Luzhin and Svidrigailov that we can understand what Raskolnikov’s idea can transform into, how much evil it conceals.
The composition of the novel is also subordinated to the debunking of the hero theory. Only one part out of six is devoted to crime, the remaining five to punishment. But this is not physical, but moral punishment. Justice is served only at the end of the sixth part and in the epilogue.
The composition is also connected with the penetration of Christian doctrine into Raskolnikov’s soul. Three times in the story the parable of the resurrection of Lazarus is heard. The first time is when Porfiry Petrovich asks Rodion if he believes in the resurrection, the second time - Sonya reads it, the third - in the epilogue. This is how Dostoevsky shows the possibility of moral resurrection through painful long haul repentance. It is no coincidence that Sonya reads Raskolnikov’s parable in the fourth chapter of the fourth part of the novel. This figure takes on a symbolic meaning: it was four days later that Lazarus was resurrected.
The epilogue plays a huge role in the novel. In it, Dostoevsky shows the Apocalypse in his own understanding. People overwhelmed by pride, a world that is collapsing. Only faith can save the world.
More than a century separates us from the events described in the novel. It may seem that we are very far from that time. But today, when old laws and norms of behavior have been destroyed, and new ones have not yet been created, a person can (and does) commit a crime in the name of power over people. The novel “Crime and Punishment” is intended to prevent the repetition of past mistakes.
F. M. Dostoevsky’s novel “Crime and Punishment” is one of the most complex works not only in the writer’s work, but also in Russian literature as a whole. Today, when the habit of watching film adaptations of books “based on” and reading “diagonally” is strong, it is not easy to master a voluminous novel, to see its deep meaning, to follow the complex action, despite the sharp detective plot. But if you carefully read the work, you can understand that everything in it is subordinated to the disclosure of the author’s greatest humanistic idea.
“Crime and Punishment” reflects a difficult time - the 60s of the 19th century. Progressive people of the era believed that a strong Personality, bright and extraordinary, could rise above society. Dostoevsky showed the ferment of minds, the search for one’s “I” and, as a result of this, the creation of theories that contrast man with the world around him. The ideas of Raskolnikov and Luzhin, Svidrigailov’s life position are not the author’s invention, but actually existing views. Luzhin's economic theory almost completely coincides with Chernyshevsky's theory of reasonable egoism. But Raskolnikov has a real prototype - a man who committed a crime not because of money, but under the influence of his idea.
The third quarter of the 19th century was characterized by man's departure from God. People could not find an explanation for the terrible sins and atrocities that were happening on earth. But, according to Dostoevsky, a person chooses his own path. The Almighty can only show him the way, direct him along it.
It is these two lines: the debunking of theories that place one person above others, and the affirmation of the priority of Christian commandments and moral principles - the main ones in the novel. And their approval is subject to the plot, the system of images, and the composition of the work. The plot of the novel is based on a real fact - a murder committed by a young man under the influence of his ideas. The essence of the novel is a psychological analysis of the crime and its moral consequences. But “Crime and Punishment” is a socio-philosophical work, so the author also seeks to reveal the vices of society that pushes a person to crime.
The hero himself, an intelligent and honest person, perfectly sees the injustice of the world around him, sees that some, insignificant and stupid, live in magnificent mansions on the banks of the Neva, enjoying the coolness of Vasilyevsky Island in the summer, while others, fair, intelligent, sensitive, are forced to huddle in barracks on Sennaya, in the summer you can choke from the stench and stench of the main shopping area of St. Petersburg. And he understands that people are divided into two camps: “lower” and “higher,” “trembling creatures” and “those who have the right” to kill for the good. This division occurs not on material, but on moral grounds: “. whoever is strong and strong in mind and spirit is... and lord!” The hero recognizes the right of one person to be above others, to administer justice, execute and pardon at his own discretion. He does not believe in God and believes that man can be a judge. The main thing that is opposed to Raskolnikov’s theory is the truth of Sonya Marmeladova, her position in life.
The image of Sonya is one of the most important in the novel; in it Dostoevsky embodied his idea of a “man of God”. Sonya lives according to Christian commandments. Placed in the same difficult conditions of existence as Raskolnikov, she retained a living soul and that necessary connection with the world, which was broken by the main character, who committed the most terrible sin - murder. Sonechka refuses to judge anyone and accepts the world as it is. Her credo: “And who made me the judge here: who should live and who should not live?” It is with Sonya that Raskolnikov’s path is connected, the path of repentance and resurrection.
To completely debunk Raskolnikov’s idea, Dostoevsky uses a technique that is widely used in Russian literature: he introduces doubles of the main character. These are Luzhin and Svidrigailov. At first glance, Luzhin’s economic theory has nothing in common with Raskolnikov’s ideas, but they are based on the same idea: one person stands above other people, universal laws were not created for him. Both Luzhin and Raskolnikov allow the shedding of blood, but if Raskolnikov can kill in the name of the future, in the name of the good of thousands of people, then Luzhin allows the shedding of blood in the name of personal gain. Svidrigailov lives by the principle of permissiveness. He believes that all the moral principles of society were not created for him. That is why a trail of crimes trails behind him. It is thanks to Luzhin and Svidrigailov that we can understand what Raskolnikov’s idea can transform into, how much evil it conceals.
The composition of the novel is also subordinated to the debunking of the hero theory. Only one part out of six is devoted to crime, the remaining five to punishment. But this is not physical, but moral punishment. Justice is served only at the end of the sixth part and in the epilogue.
The composition is also connected with the penetration of Christian doctrine into Raskolnikov’s soul. Three times in the story the parable of the resurrection of Lazarus is heard. The first time is when Porfiry Petrovich asks Rodion if he believes in the resurrection, the second time is when Sonya reads it, the third time is in the epilogue. This is how Dostoevsky shows the possibility of moral resurrection through a painfully long path of repentance. It is no coincidence that Sonya reads Raskolnikov’s parable in the fourth chapter of the fourth part of the novel. This figure takes on a symbolic meaning: it was four days later that Lazarus was resurrected.
The epilogue plays a huge role in the novel. In it, Dostoevsky shows the Apocalypse in his own understanding. People overwhelmed by pride, a world that is collapsing. Only faith can save the world.
More than a century separates us from the events described in the novel. It may seem that we are very far from that time. But today, when old laws and norms of behavior have been destroyed, and new ones have not yet been created, a person can (and does) commit a crime in the name of power over people. The novel “Crime and Punishment” is intended to prevent the repetition of past mistakes.
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Punishment for crimes in the field of computer information Text of a scientific article on the specialty " State and law. Legal sciences»
Abstract of a scientific article on state and law, legal sciences, author of the scientific work - Tatyana Nikolaevna Bogdanova
The change in the types and sizes of punishments for crimes in the field of computer information over time is considered. The statistics of convictions for these crimes are analyzed from a qualitative and quantitative perspective. The court's approach in choosing punishments for the accused is assessed. Ways to improve the criminal law are proposed for the purpose of effectively influencing convicts.
Similar topics of scientific work on state and law, legal sciences, the author of the scientific work is Tatyana Nikolaevna Bogdanova,
PUNISHMENT FOR A CRIMEIN THE SPHERE OF COMPUTER INFORMATION
This article considers the amendments of types and sizes of punishment for a crime in the sphere of computer information over time. The qualitative and quantitative statistical aspects of convictions for these crimes are analyzed. The approach of the court in selecting sentences for the defendants is estimated. The ways to improve the criminal law for the purposes of effective influence on the compliment are suggested.
Academic research paper on topic "Punishment for crimes in the field of computer information"
Vestnik Chelyabinsk state university. 2013. № 17 (308).
Right. Vol. 37. pp. 48-53.
PUNISHMENT FOR COMPUTER INFORMATION CRIMES
Key words: computer crimes, punishment, number of convicts, type of punishment.
It is impossible not to take into account the fact that Russia has entered the era of the information society and is itself becoming an information society. Along with traditional material wealth, national wealth, the wealth of the state and individuals began to consist of information, including information related to high technology. The value of information possessed by individual legal entities or individuals is comparable to, and sometimes even exceeds, the value of the material wealth they own (let us name, for example, the main manufacturers of computer programs).
The public danger of illegal actions in the field of electronic technology and information technologies is expressed in the fact that they can lead to disruption of activities automated systems management and control of various objects, serious disruption of information and telecommunication networks, unauthorized actions to destroy, modify, distort, copy information and information resources, other forms of illegal interference in information systems that can cause serious and irreversible consequences associated not only with property damage, but also physical harm to people and even, no matter how incredible it may sound, murder.
Here we recall a well-known case from US criminal practice, where the victim during an assassination attempt did not die from bullets, but was only seriously wounded. Once under the witness protection program, the man was placed in a guarded room by the police. But the criminals, via the Internet, entered the network of the clinic where he was lying, and, as they say, “got” him with the help of
advanced technologies: by changing the program of the heart stimulation device, the attackers finished off the victim1.
The increase in the number of computer crimes is a negative consequence of the computerization of society as a whole.
With this development of social relations, the problem of applying penalties for crimes in the field of computer information undoubtedly becomes important. Today it is more relevant than ever. A law is effective only if it contains an optimal mechanism for its implementation. One of the most important elements of the mechanism for implementing the law is the institution of legal responsibility.
Within the framework of this article, an attempt has been made to analyze the practice of sentencing for crimes in the field of computer information.
It should be noted that according to Art. 15 of the Criminal Code (Criminal Code) of the Russian Federation2 acts provided for in Parts 1, 2 of Art. 272 and part 1 of Art. 274, belong to the category of minor gravity, provided for in Part 3 of Art. 272, part 1 art. 273 and part 2 of Art. 274.- of medium gravity, and the acts provided for in Part 4 of Art. 272, parts 2 and 3 art. 273 of the Criminal Code of the Russian Federation are serious crimes.
Changes in the Criminal Code of the Russian Federation concerning the sanctions of the articles under consideration reflect the general trend towards an increase in crimes in the field of computer information, specification of the size of fines and an increase in their upper limits.
Until the end of 2003, the fines established by the Criminal Code of the Russian Federation were calculated as a multiple of the minimum wage (minimum wage), which, in accordance with the Federal Law of June 19, 2000 No. 82-FZ “On the minimum wage,
yes”3 was determined based on the base amount equal to 100 rubles.
Since the end of 2003, thanks to changes introduced by Federal Law of December 8, 2003 No. 162-FZ “On Amendments and Additions to the Criminal Code Russian Federation»4, the sanctions of the relevant norms provide for fixed amounts of fines.
Comparing different editions of the Criminal Code of the Russian Federation - in force on January 1, 2001 (as amended by the Federal Law of July 9, 1999 No. 158-FZ5) and today (as amended by the Federal Law of December 30, 2012 No. 312-FZ6), - it is possible It should be noted that the maximum amount of the fine has increased in monetary terms: under Part 1 of Art. 272 and part 1 of Art. 273 of the Criminal Code of the Russian Federation - 4 times (from 500 minimum wage to 200 thousand rubles), according to Part 2 of Art. 272 of the Criminal Code of the Russian Federation - 3.75 times (from 800 minimum wage to 300 thousand rubles). At the same time, the maximum amount of the fine, expressed in the amount of wages or other income of the convicted person for a certain period, increased: for the same parts of the articles, respectively, 3.6 times (from 5 to 18 months) and 3 times (from 8 months to 2 years).
The minimum amount of the fine provided for in Part 2 of Art. 272 of the Criminal Code of the Russian Federation: 2 times in monetary terms (from 500 minimum wage to 100 thousand rubles) and 2.4 times in the form of wages or other income of the convicted person for a certain period (from 5 months to 1 year).
On the other hand, according to Part 1 of Art. 272 and part 1 of Art. 273 of the Criminal Code of the Russian Federation has excluded the minimum limit for the amount of a fine, which is now, in accordance with Part 2 of Art. 46 of the Criminal Code of the Russian Federation is established in the amount of 5 thousand rubles. or in the amount of wages or other income of the convicted person for a period of two weeks.
Increasing the upper limits of the fine indicates that the legislator does not diminish the public danger of crimes in the field of computer information. At the same time, eliminating the minimum fine allows the courts to fully take into account both the nature and degree of social danger of the crime, as well as the personality of the perpetrator, his property status, and take a more flexible approach to the amount of the imposed punishment.
According to the Judicial Department of the Supreme Court of the Russian Federation, during the period from 2009 to 2011, 926 people were convicted of crimes in the field of computer information (table).
Number of people convicted of crimes in the field of computer information
Article of the Criminal Code of the Russian Federation Year
Part 1 art. 272 160 137 100
Part 2 Art. 272 20 14 22
Part 1 art. 273 165 170 136
Part 2 Art. 273 2 0 0
Part 1 art. 274 0 0 0
Part 2 Art. 274 0 0 0
Total for ch. 28 “Crimes in the field of computer information” 347 321 258
By a court decision, 62.7% of people were sentenced to imprisonment, including 43% with a fine as an additional form of punishment, 29.9% were sentenced to a fine as the main type of punishment, 3.1% - to compulsory labor, 2.7 % - to correctional labor. The majority of persons (61.1%) were given a suspended sentence: of those sentenced to imprisonment - 96.1%, of those sentenced to other types of punishment - 2.9%. Only 23 people (2.4%) were sentenced to actual imprisonment.
Among the 23 sentenced to real imprisonment, 4 people committed crimes of minor gravity (part 1, 2 of article 272 of the Criminal Code of the Russian Federation), 18 - of moderate gravity (part 1 of article 273 of the Criminal Code of the Russian Federation), 1 - a serious crime (part 2 of article 273 of the Criminal Code of the Russian Federation).
For crimes provided for in Part 1 of Art. 272 of the Criminal Code of the Russian Federation, 397 people were convicted, or 42.9% of the total number of persons convicted of committing crimes in the field of computer information during the period under study. Imprisonment for this type of crime was assigned to 131 convicts (33%). 15 people (3.7%) were sentenced to correctional labor. A fine was imposed on 219 convicts (55.2%).
For crimes provided for in Part 2 of Art. 272 of the Criminal Code of the Russian Federation, 56 persons (6%) were convicted. 36 convicts (64.3%) were sentenced to imprisonment for this type of crime. One person (1.8%) was sentenced to correctional labor. A fine was imposed on 14 convicts (25%).
When assigning punishments for committing crimes under Art. 272 of the Criminal Code of the Russian Federation, the courts show a sufficient degree of humanism. Thus, by the verdict of Dolgoprudnensky
City Court of the Moscow Region dated December 6, 2011 in case No. 1-175/11 to citizen P. for committing each of the six crimes provided for in Part 1 of Art. 272 of the Criminal Code of the Russian Federation, a fine of 5,000 rubles was imposed, which, by virtue of Art. 46 of the Criminal Code of the Russian Federation is the minimum possible fine. The final punishment in accordance with Part 2 of Art. 69 of the Criminal Code of the Russian Federation was assigned by partial addition and amounted to 20,000 rubles7
By the verdict of the Kalininsky District Court of Chelyabinsk in case No. 1-373/2010, citizen T. was found guilty of committing a crime under Part 1 of Art. 272 of the Criminal Code of the Russian Federation, he was sentenced to correctional labor for a period of 6 months with the deduction of 5% of his salary as state income8. Taking into account the current version of Art. 272 of the Criminal Code of the Russian Federation (as amended by Federal Laws of December 8, 2003 No. 162-FZ9 and May 6, 2010 No. 81-FZ10), the court imposed a punishment in the form of correctional labor for a minimum period with the deduction of part of the salary in the minimum amount.
For crimes provided for in Part 1 of Art. 273 of the Criminal Code of the Russian Federation, 471 persons were convicted, which is 50.9% of the total number of convicted persons. Imprisonment for this type of crime was imposed on 411 convicts (87.3%), a fine - on 45 convicts (9.5%).
For crimes under Part 2 of Art. 273 of the Criminal Code of the Russian Federation, 2 people were convicted (0.2% of the total). One of the convicts was given a real imprisonment, the other a suspended sentence.
When assigning punishments for committing crimes under Art. 273 of the Criminal Code of the Russian Federation, the courts show similar humanity.
By the resolution of the Presidium of the Moscow City Court dated May 21, 2010 in case No. 44u-142/10, the verdict of the Babushkinsky District Court of Moscow dated March 2, 2007 in relation to K. was changed. The supervisory court reclassified K.’s actions from Part 1 of Art. 273 of the Criminal Code of the Russian Federation (53 episodes) under Part 1 of Art. 273 of the Criminal Code of the Russian Federation. The final sentence imposed was imprisonment for a period of 2 years 6 months on the basis of Art. 73 of the Criminal Code of the Russian Federation, the court ordered it to be considered conditional11.
Noteworthy is the fact that for crimes under Art. 274 of the Criminal Code of the Russian Federation, not a single person was convicted.
A large number of criminal cases during the period under review were dismissed due to
zi with reconciliation of the parties on the basis of Art. 25 of the Criminal Procedure Code of the Russian Federation. In just three years, from 2009 to 2011, this basis 440 criminal cases were dismissed, which is almost half (47.5%) of the total number of convictions for the same period.
At the same time, the court is not always bound by the opinion and desire of the parties to terminate criminal prosecution, and therefore there are various cases of resolving cases when reconciling the accused with the injured party.
Thus, by a resolution of the Ozersky City Court of the Chelyabinsk Region dated March 14, 2011, in case No. 1-77/2011, a criminal case was opened against Z., accused of committing 47 crimes under Part 1 of Art. 272 of the Criminal Code of the Russian Federation, was terminated under Art. 76 of the Criminal Code of the Russian Federation, art. 25 of the Code of Criminal Procedure of the Russian Federation for reconciliation of the parties12.
At the same time, by a resolution of the Timiryazevsky District Court of Moscow dated August 1, 2011, the victim’s request to terminate the criminal case against the accused of committing a crime under Part 1 of Art. 272 of the Criminal Code of the Russian Federation, after reconciliation of the parties. This resolution was left unchanged by the cassation ruling of the Judicial Collegium for Criminal Cases of the Moscow City Court dated September 5, 2011 in case No. 22-1106113. The cassation court pointed out that the criminal case for a crime under Art. 272 part 1 of the Criminal Code of the Russian Federation is not a matter of private prosecution and therefore is not subject to unconditional termination at the request of the victim.
This position of the court seems justified, since in accordance with Art. 25 of the Code of Criminal Procedure of the Russian Federation, the court only has the right, but is not obliged, on the basis of a statement from the victim to terminate a criminal case in connection with the reconciliation of the parties.
In addition, bringing the person guilty of committing a crime to justice will help achieve the goals of punishment to correct the convicted person and prevent the commission of new crimes by both himself and other persons.
Often, the commission of crimes in the field of computer information is associated with the commission of other criminal acts, in particular such as violation of copyright and related rights (Article 146 of the Criminal Code of the Russian Federation), theft (Article 158), causing property damage by
mana or abuse of trust (Article 165), fraud (Article 159).
An illustrative example of such a set of crimes is the verdict of the Central District Court of Chelyabinsk dated March 30, 201114, by which citizen A. A. Postnikov was found guilty of committing crimes under Part 1 of Art. 272, parts 1 and 3 art. 159 of the Criminal Code of the Russian Federation. The specified citizen received information
about logins and passwords provided to commercial organizations. Possessing knowledge in the field of computer technology, the attacker, by sending payment orders to the bank on behalf of legal entities to transfer funds to the accounts of fictitious companies under non-existent agreements, took possession of the funds through their subsequent cashing. Based on the results of the court's consideration of the criminal case, A. A. Postnikov was sentenced to imprisonment for a term of 2 years for a combination of crimes.
6 months, no fine, to be served in penal colony general mode.
The punishment imposed in this case on A. A. Postnikov in the form of actual imprisonment appears to be motivated, applied taking into account the circumstances of the commission of the crimes and the social danger of the acts committed.
But taking into account the fact that criminal procedural legislation requires compliance with formalities, the cassation ruling of the Judicial Collegium for Criminal Cases of the Chelyabinsk Regional Court dated June 3, 2011 in case No. 22-3903/201115 changed the sentence in question.
So, in accordance with Art. 15 of the Criminal Code of the Russian Federation, crimes provided for in Part 1 of Art. 159 and part 1 of Art. 272 of the Criminal Code of the Russian Federation are crimes of minor gravity. According to the provisions of paragraph “a” of Part 1 of Art. 78 of the Criminal Code of the Russian Federation, a person is exempt from criminal liability if two years have passed from the date of commission of a minor crime.
The cassation court took into account that A. A. Postnikov committed crimes under Part 1 of Art. 159 and part 1 of Art. 272 of the Criminal Code of the Russian Federation, in the period from May 3 to May 27, 2009 and two years from the date of commission of the crimes expired after the verdict was passed by the court of first instance on March 30, 2011, but before the verdict entered into legal force. Therefore, based on clause 3
Part 1 Art. 24 of the Code of Criminal Procedure of the Russian Federation A. A. Postnikov was subject to release from punishment due to the expiration of the statute of limitations for bringing to criminal responsibility for the crimes committed under Part 1 of Art. 159 and part 1 of Art. 272 of the Criminal Code of the Russian Federation.
The rest of the sentence is the same regarding the conviction of A. A. Postnikov under Part 3 of Art. 159 of the Criminal Code of the Russian Federation (as amended by Federal Law No. 26-FZ16 of March 7, 2011) to two years of imprisonment without a fine and without restriction of freedom, with the sentence being served in a general regime correctional colony, was left unchanged.
Although the offender was released from the punishment imposed for committing a crime in the field of computer information, the example considered shows the connection between fraud and the crimes that are the subject of this study.
In this case, it is impossible not to note the following.
Federal Law No. 207-FZ of November 29, 2012 “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”17 of the Criminal Code of the Russian Federation supplemented Art. 159.1-159.6, providing for differentiated types of fraud depending on the sphere of economic activity in which it is committed, the method of committing the crime, as well as the special subject of the attack.
Fraud in the field of computer information is identified as an independent crime (Article 159.6 of the Criminal Code of the Russian Federation), when the theft or acquisition of rights to someone else’s property involves overcoming the computer protection of property (property rights) and is carried out by entering, deleting, modifying or blocking computer information or other interference with the functioning of means of storing, processing or transmitting computer information or information and telecommunication networks.
Such crimes are committed not by deception or abuse of trust of a specific subject, but by gaining access to a computer system and performing the above actions, which result in the theft of someone else’s property or the acquisition of rights to someone else’s property.
According to the explanations given in paragraph 12 of the Resolution of the Plenum Supreme Court RF
dated December 27, 2007 No. 51 “On judicial practice in cases of fraud, misappropriation and embezzlement”18, when committing fraudulent actions with unlawful introduction into someone else’s information system or with other unlawful access to legally protected computer information of credit institutions or with the deliberate creation malicious programs for electronic computers, making changes to existing programs, using or distributing malicious programs for computers, such actions were classified under a set of crimes as fraud (Article 159 of the Criminal Code of the Russian Federation) and a corresponding crime in the field of computer information (Chapter 28 of the Criminal Code of the Russian Federation) .
It appears that currently, since the introduction of Art. 159.6 of the Criminal Code of the Russian Federation (came into force
December 10, 2012) such classification of crimes in aggregate in these cases will no longer be required.
In relation to the example discussed above in relation to A. A. Postnikov, we can safely say that when he committed similar acts during the operation of Art. 159.6 of the Criminal Code of the Russian Federation they would be qualified under this article (fraud in the field of computer information).
It is noted that the maximum severity of punishment that can be imposed for committing one crime under Art. 159.6 of the Criminal Code of the Russian Federation - less than the permissible sanction when imposing punishment for a set of crimes provided for in Art. 158 and 272 of the Criminal Code of the Russian Federation.
Over the three-year period under review, the resolution of criminal cases involving crimes in the field of computer information, there has been a tendency to reduce the number of people convicted of committing crimes in this category. However, given this situation, it can hardly be argued that the number of crimes committed, provided for in the articles of Ch. 28 of the Criminal Code of the Russian Federation.
Currently, the importance and use of computers in many fields of activity is constantly increasing. The computerization of society is increasing. The interbank electronic payment system is becoming more widespread. Regulatory legal acts are adopted establishing the possibility of obtaining state and municipal services, complete
carrying out other legally significant actions in electronic form.
Thus, Federal Law No. 210-FZ of July 27, 2010 “On the organization of the provision of state and municipal services”19 introduced the possibility of an individual obtaining a universal electronic card, which, by virtue of Art. 22 of the law is a document certifying the identity of a citizen, the rights of the insured person in compulsory insurance systems, other rights of a citizen, as well as a document certifying the citizen’s right to receive state, municipal and other services.
One can only guess about the possible adverse consequences for users of electronic cards as a result of unauthorized access to the information contained on them, their destruction, blocking or modification.
An inevitable consequence of the emergence and spread of new social relations are violations in this area, including in the form of crimes that pose a real threat to the normal development and flow of public life.
The process of computerization of society undoubtedly leads to an increase in the number of computer crimes. Moreover, material losses from this type of crime are constantly increasing.
Thus, the indicated decrease in the number of persons convicted of committing crimes under Art. 272-274 of the Criminal Code of the Russian Federation, indicates only the problems of detecting such crimes.
As an analysis of judicial practice shows, courts recognize that the vast majority of crimes in the field of computer information do not pose a high social danger, and the correction of those convicted of committing them is possible without isolation from society.
However, in our opinion, this position does not entirely correspond to modern realities. The growing threat of committing crimes in the field of computer information in modern conditions requires adequate criminal legal measures from the state.
The number of people conditionally sentenced to imprisonment suggests that it is much more effective in influencing the convicted person and more rational for the state, from an economic point of view.
point of view, to impose as a punishment not suspended imprisonment, but a fine for persons engaged in labor activities, or correctional labor for persons who do not have a main place of work.
The main conclusion that the study of the practice of imposing punishment for the creation, use and distribution of malicious computer programs leads to is the need to expand the sanctions of Part 1 of Art. 273 of the Criminal Code of the Russian Federation by introducing alternative types of punishment. It is proposed to state this sanction in the following wording: “. shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by correctional labor for a term of one to two years, or by restriction of liberty for a term of up to four years, or by forced labor for a term of up to four years, or imprisonment for a term of up to four years with a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months.”
1 See: Borisov, T. Hackers stopped the heart. Crime on the Internet has reached the point of physically eliminating people - right over the wires // Ros. gas. 2005. February 8.
2 See: Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ // Collection. legislation of the Russian Federation. 1996. No. 25. Art. 2954.
3 See: the federal law dated June 19, 2000 No. 82-FZ “On the minimum wage” // Ross. gas. 2000. June 21.
4 See: Federal Law of December 8, 2003 No. 162-FZ “On Amendments and Additions to the Criminal Code of the Russian Federation” // Ross. gas. 2003. 16 Dec.
5 See: Federal Law of July 9, 1999 No. 158-FZ “On introducing additions to the Criminal Code of the Russian Federation and additions and changes to Article 126 of the Criminal Procedure Code of the RSFSR” // Ross. gas. 1999. July 14.
6 See: Federal Law of December 30, 2012 No. 312-FZ “On Amendments to Article 322 of the Criminal Code of the Russian Federation and Articles 150 and 151 of the Criminal Procedure Code of the Russian Federation” // Ros. gas. 2013. 11 Jan.
7 Judicial decisions.RF: a unified database of decisions of courts of general jurisdiction of the Russian Federation [Electronic resource]. IR: Y!r://judicial decisions. rf/bsr/case/1015561
8 Search for decisions of courts of general jurisdiction [Electronic resource]. IR: http://www.gcourts.ru/
9 Federal Law of December 8, 2003 No. 169-FZ “On amendments to certain legislative acts of the Russian Federation, as well as on the recognition of legislative acts of the RSFSR as invalid” // Ros. gas. 2003. 16 Dec.
10 Federal Law of May 6, 2010 No. 81-FZ “On Amendments to the Criminal Code of the Russian Federation regarding the imposition of punishment in the form of compulsory labor” // Ros. gas. 2010. May 11.
11 ConsultantPlus: reference and legal system [Electronic resource]. URL: http://www.consultant.ru/
12 Unified database of decisions of courts of general jurisdiction of the Russian Federation [Electronic resource]. "gab: http://www.judicial decisions.rf/bsr/case/2892309
13 ConsultantPlus: reference and legal system [Electronic resource]. URL: http://www.consultant.ru/
14 Search for decisions of courts of general jurisdiction [Electronic resource]. URL: http://www.gcourts.ru
15 Website of the Chelyabinsk Regional Court. Bank of judicial acts [Electronic resource]. IR: http:// www.chel-oblsud.ru/index.php?html=bsr&mid=14316 Federal Law of March 7, 2011 No. 26-FZ “On Amendments to the Criminal Code of the Russian Federation” // Ros. gas. 2011. March 11.
17 Federal Law of November 29, 2012 No. 207-FZ “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” // Ros. gas. 2012. 3 Dec.
18 Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2007 No. 51 “On judicial practice in cases of fraud, misappropriation and embezzlement” // Bulletin. Supreme Court of the Russian Federation. 2008. No. 2.
19 Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services” // Ross. gas. 2010. July 30.
School literature lessons did me a disservice: everything that had to be read according to the program caused me rejection. With all my love for classical literature and to Dostoevsky in particular, it turned out that I am re-reading “Crime and Punishment” for the second time in my life right now, twenty years later. At the same time, I think that this novel is not worth taking in grades 8-9, because it is too complicated. It is complicated not by form, but by content.
At first glance, everything is simple, as it seems to people who have not read Dostoevsky, namely this: poor student Rodion Raskolnikov killed an old woman for money, and then suffered from repentance for a long time. If it were so simple, then it would hardly be possible to call Dostoevsky a genius.
Rodion Raskolnikov, a poor student who dropped out of his studies and now spends his days lying on a tattered bed or hanging around the city, thinks. He should give him lessons (after all, he did before) but he doesn’t want to. They pay coppers there, but he needs a lot at once. His clothes are already thin and his boots are in crappy condition, and he himself hasn’t eaten for two days and hasn’t paid rent, he thinks. A mother living in the provinces takes out loans to pay for her pension, sister Dunya works for employers she hates, and the unfortunate women collect their last pennies and send them to dear Rhoda in St. Petersburg, while they themselves eke out a living. And Rodya thinks. He suffers and suffers too, and seems to feel sorry for his mother and sister, but he takes money.
And if you think a lot and do nothing, then different thoughts and theories come into your head. And Raskolnikov will come up with the idea that not all people are the same. The majority are a gray mass, living according to laws that establish “those who have the right.” These latter have the right to do everything - kill, rob, rape. No law is written to them - they write the laws themselves. But the main thing is that their conscience never torments them and they do not experience any regrets about what they have done. After this thought, the question arises in Raskolnikov’s head: “Who am I? Am I a trembling creature or do I have the right? But who wants to be a creature? And he doesn't want to. And if so, then you need to test your theory - kill the most unnecessary and vile creature in the world, thereby confirming your chosenness and at the same time cleanse the world of evil in the form of this old woman.
But, as they like to say today, something went wrong. And one action leads to another, the chain reaction leads to the death and suffering of other people, and not at all to liberation. Evil cannot defeat evil. It only multiplies it. And Raskolnikov himself is only a man.
Dostoevsky's other heroes are typical, wandering from one of his works to another. The titular adviser Marmeladov is a bitter drunkard. He drinks, repents and plays the fool: that’s what I am, I’m bad, it’s not enough to kill me. But he still drinks. His family is poor, his wife is sick with consumption, his children are as thin as matchsticks. And he had a chance, he returned to the service but didn’t last long - he stole money from the house and went on a binge for five days. Then he repents and cries. What's the point? The worst thing is that he created such a fate for himself. And his wife, dying of consumption, is so proud that she pushes away the hand offering help, not thinking about herself or the children. And only the eldest daughter Sonechka Marmeladova feels sorry for both the children and her careless family. She becomes a prostitute to feed her children, because she can’t do otherwise. Like Raskolnikov, she crosses the moral line. Only he is for himself, and she is for the sake of others.
There is also our own “Parfen Rogozhin” (“Idiot”) - Svidrigailov with the same painful passion for a woman. For all his depravity, it was he who ultimately did the most good. However, if we talk about everyone, then there won’t be enough time. Everyone is different, torn apart by internal contradictions, restless from good to evil, except perhaps Sonechka. She is perfect and yet seems unreal. Do such things really exist? And survive in our cruel world?
But still, this is a novel about the salvation of a person, about his rebirth. After all, if there is something good in a person, then he himself is capable of being reborn. The path to rebirth is not easy; it goes through suffering and pain. Only another person can save a person. Or love. Or faith in God. Or himself. Or everything taken together, the main thing is that he himself wants to become better. And it’s much easier to create hell both for yourself and for others. And evil, no matter how good intentions it hides behind, invariably gives birth to even greater evil.
F. M. Dostoevsky’s “Crime and Punishment” is one of the most complex works not only in the writer’s work, but also in Russian literature as a whole. Today, when the habit of watching film adaptations of books “based on” and reading “diagonally” is strong, it is not easy to master a voluminous novel, to see its deep meaning, to follow the complex action, despite the sharp detective plot. But if you carefully read the work, you can understand that everything in it is subordinated to the disclosure of the author’s greatest humanistic idea.
Crime and Punishment reflects a difficult time - the 60s of the 19th century. Progressive people of the era believed that a strong Personality, bright and extraordinary, could rise above society. Dostoevsky showed the ferment of minds, the search for one’s “I” and, as a result of this, the creation of theories that contrast man with the world around him. The ideas of Raskolnikov and Luzhin, Svidrigailov’s life position are not the author’s invention, but actually existing views. Luzhin's economic theory almost completely coincides with Chernyshevsky's theory of reasonable egoism. But Raskolnikov has a real prototype - a man who committed a crime not because of money, but under the influence of his idea.
The third quarter of the 19th century was characterized by man's departure from God. People could not find an explanation for the terrible sins and atrocities that were happening on earth. But, according to Dostoevsky, a person chooses his own path. The Almighty can only show him the way, direct him along it.
It is these two lines: the debunking of theories that place one person above others, and the affirmation of the priority of Christian commandments and moral principles - the main ones in the novel. And their approval is subject to the plot, the system of images, and the composition of the work. The plot of the novel is based on a real fact - a murder committed by a young man under the influence of his ideas. The essence of the novel is a psychological analysis of the crime and its moral consequences. But “Crime and Punishment” is a socio-philosophical work, so the author also seeks to reveal the vices of society that pushes a person to crime.
The hero himself, an intelligent and honest person, perfectly sees the injustice of the world around him, sees that some, insignificant and stupid, live in magnificent mansions on the banks of the Neva, enjoying the coolness of Vasilyevsky Island in the summer, while others, fair, intelligent, sensitive, are forced to huddle in barracks on Sennaya, in the summer you can choke from the stench and stench of the main shopping area of St. Petersburg. And he understands that people are divided into two camps: “lower” and “higher,” “trembling creatures” and “those who have the right” to kill for the good. This division occurs not on a material basis, but on a moral basis: “...he who is strong and strong in mind and spirit is... the ruler!” The hero recognizes the right of one person to be above others, to administer justice, execute and pardon at his own discretion. He does not believe in God and believes that man can be a judge. The main thing that is opposed to Raskolnikov’s theory is the truth of Sonya Marmeladova, her position in life.
The image of Sonya is one of the most important in the novel; in it Dostoevsky embodied his idea of a “man of God”. Sonya lives according to Christian commandments. Placed in the same difficult conditions of existence as Raskolnikov, she retained a living soul and that necessary connection with the world, which was broken by the main character, who committed the most terrible sin - murder. Sonechka refuses to judge anyone and accepts the world as it is. Her credo: “And who made me the judge here: who should live and who should not live?” It is with Sonya that Raskolnikov’s path is connected, the path of repentance and resurrection.
To completely debunk Raskolnikov’s idea, Dostoevsky uses a technique that is widely used in Russian literature: he introduces doubles of the main character. These are Luzhin and Svidrigailov. At first glance, Luzhin’s economic theory has nothing in common with Raskolnikov’s ideas, but they are based on the same idea: one person stands above other people, universal laws were not created for him. Both Luzhin and Raskolnikov allow the shedding of blood, but if Raskolnikov can kill in the name of the future, in the name of the good of thousands of people, then Luzhin allows the shedding of blood in the name of personal gain. Svidrigailov lives by the principle of permissiveness. He believes that all the moral principles of society were not created for him. That is why a trail of crimes trails behind him. It is thanks to Luzhin and Svidrigailov that we can understand what Raskolnikov’s idea can transform into, how much evil it conceals.
The composition of the novel is also subordinated to the debunking of the hero theory. Only one part out of six is devoted to crime, the remaining five to punishment. But this is not physical, but moral punishment. Justice is served only at the end of the sixth part and in the epilogue.
The composition is also connected with the penetration of Christian doctrine into Raskolnikov’s soul. Three times in the story the parable of the resurrection of Lazarus is heard. The first time is when Porfiry Petrovich asks Rodion if he believes in the resurrection, the second time is when Sonya reads it, the third time is in the epilogue. This is how Dostoevsky shows the possibility of moral resurrection through a painfully long path of repentance. It is no coincidence that Sonya reads Raskolnikov’s parable in the fourth chapter of the fourth part of the novel. This figure takes on a symbolic meaning: it was four days later that Lazarus was resurrected.
The epilogue plays a huge role in the novel. In it, Dostoevsky shows the Apocalypse in his own understanding. People overwhelmed by pride, a world that is collapsing. Only faith can save the world.
More than a century separates us from the events described in the novel. It may seem that we are very far from that time. But today, when old laws and norms of behavior have been destroyed, and new ones have not yet been created, a person can (and does) commit a crime in the name of power over people. The novel “Crime and Punishment” is intended to prevent the repetition of past mistakes.
Review of F. Dostoevsky's novel “Crime and Punishment.”
F. M. Dostoevsky’s novel “Crime and Punishment” is one of the most complex works not only in the writer’s work, but also in Russian literature as a whole. Today, when the habit of watching film adaptations of books “based on” and reading “diagonally” is strong, it is not easy to master a voluminous novel, to see its deep meaning, to follow the complex action, despite the sharp detective plot. But if you carefully read the work, you can understand that everything in it is subordinated to the disclosure of the author’s greatest humanistic idea.
“Crime and Punishment” reflects a difficult time - the 60s of the 19th century. Progressive people of the era believed that a strong Personality, bright and extraordinary, could rise above society. Dostoevsky showed the ferment of minds, the search for one’s “I” and, as a result of this, the creation of theories that contrast man with the world around him. The ideas of Raskolnikov and Luzhin, Svidrigailov’s life position are not the author’s invention, but actually existing views. Luzhin's economic theory almost completely coincides with Chernyshevsky's theory of reasonable egoism. But Raskolnikov has a real prototype - a man who committed a crime not because of money, but under the influence of his idea.
The third quarter of the 19th century was characterized by man's departure from God. People could not find an explanation for the terrible sins and atrocities that were happening on earth. But, according to Dostoevsky, a person chooses his own path. The Almighty can only show him the way, direct him along it.
It is these two lines: the debunking of theories that place one person above others, and the affirmation of the priority of Christian commandments and moral principles - the main ones in the novel. And their approval is subject to the plot, the system of images, and the composition of the work. The plot of the novel is based on a real fact - a murder committed by a young man under the influence of his ideas. The essence of the novel is a psychological analysis of the crime and its moral consequences. But “Crime and Punishment” is a socio-philosophical work, so the author also seeks to reveal the vices of society that pushes a person to crime.
The hero himself, an intelligent and honest person, perfectly sees the injustice of the world around him, sees that some, insignificant and stupid, live in magnificent mansions on the banks of the Neva, enjoying the coolness of Vasilyevsky Island in the summer, while others, fair, intelligent, sensitive, are forced to huddle in barracks on Sennaya, in the summer you can choke from the stench and stench of the main shopping area of St. Petersburg. And he understands that people are divided into two camps: “lower” and “higher,” “trembling creatures” and “those who have the right” to kill for the good. This division occurs not on a material basis, but on a moral basis: “...he who is strong and strong in mind and spirit is... the ruler!” The hero recognizes the right of one person to be above others, to administer justice, execute and pardon at his own discretion. He does not believe in God and believes that man can be a judge. The main thing that is opposed to Raskolnikov’s theory is the truth of Sonya Marmeladova, her position in life.
The image of Sonya is one of the most important in the novel; in it Dostoevsky embodied his idea of a “man of God”. Sonya lives according to Christian commandments. Placed in the same difficult conditions of existence as Raskolnikov, she retained a living soul and that necessary connection with the world, which was broken by the main character, who committed the most terrible sin - murder. Sonechka refuses to judge anyone and accepts the world as it is. Her credo: “And who made me the judge here: who should live and who should not live?” It is with Sonya that Raskolnikov’s path is connected, the path of repentance and resurrection.
To completely debunk Raskolnikov’s idea, Dostoevsky uses a technique that is widely used in Russian literature: he introduces doubles of the main character. These are Luzhin and Svidrigailov. At first glance, Luzhin’s economic theory has nothing in common with Raskolnikov’s ideas, but they are based on the same idea: one person stands above other people, universal laws were not created for him. Both Luzhin and Raskolnikov allow the shedding of blood, but if Raskolnikov can kill in the name of the future, in the name of the good of thousands of people, then Luzhin allows the shedding of blood in the name of personal gain. Svidrigailov lives by the principle of permissiveness. He believes that all the moral principles of society were not created for him. That is why a trail of crimes trails behind him. It is thanks to Luzhin and Svidrigailov that we can understand what Raskolnikov’s idea can transform into, how much evil it conceals.
The composition of the novel is also subordinated to the debunking of the hero theory. Only one part out of six is devoted to crime, the remaining five to punishment. But this is not physical, but moral punishment. Justice is served only at the end of the sixth part and in the epilogue.
The composition is also connected with the penetration of Christian doctrine into Raskolnikov’s soul. Three times in the story the parable of the resurrection of Lazarus is heard. The first time is when Porfiry Petrovich asks Rodion if he believes in the resurrection, the second time - Sonya reads it, the third - in the epilogue. This is how Dostoevsky shows the possibility of moral resurrection through a painfully long path of repentance. It is no coincidence that Sonya reads Raskolnikov’s parable in the fourth chapter of the fourth part of the novel. This figure takes on a symbolic meaning: it was four days later that Lazarus was resurrected.
The epilogue plays a huge role in the novel. In it, Dostoevsky shows the Apocalypse in his own understanding. People overwhelmed by pride, a world that is collapsing. Only faith can save the world.
More than a century separates us from the events described in the novel. It may seem that we are very far from that time. But today, when old laws and norms of behavior have been destroyed, and new ones have not yet been created, a person can (and does) commit a crime in the name of power over people. The novel “Crime and Punishment” is intended to prevent the repetition of past mistakes.
