CRIMES INVOLVING THE DEMONSTRATION OF THE PROCESS (MECHANISM) OF THEIR COMMISSION
Denis NekrasovThe article proposes a criminal legal understanding of the general characteristics of crimes associated with a demonstration of the process of their commission, as a special, independent category that requires separate scientific and practical attention and conceptual justification. The problem of the criminal law phenomenon is posed, which with a certain degree of convention can be called a «criminal presentation», which has an increased degree of social danger, including those associated with signs of harm that are of a substructural nature, associated with its cognition, and a special influence on other persons. The main features of crimes of this type are argued and outlined, including those that make it possible to distinguish from related crimes committed in public. The main ones by the author include: in the form of presentation, they contain a visual display (illustration) of the mechanism of commission in real time; ensured public visual display; have a purposeful demonstration, due to the presence of base motives in the subject and the intention to show a socially dangerous act, and not just convey general information about it. Visualization of the act being performed acts as a system-forming feature in them. Problematic issues related to the existing signs of these crimes are touched upon. One of the main problems, according to the author, includes errors in the qualification of facts of criminal demonstration carried out in recording mode (delayed time), and not directly in the process of committing the corresponding actions prohibited by criminal law. Corresponding changes to the Criminal Code of the Russian Federation are proposed, including the introduction of a new article numbered 207.4 “Demonstration of the act of committing a crime.” The problem is raised of the need for a separate norm providing for liability for persons who provide only the broadcast of criminal content, as well as not only its visual transmission, but also other forms of broadcasting.