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Criminological characteristics of thefts committed with illegal entry into a dwelling in the Republic of Tyva

Ondar Aldyn-Kherel Ezir-oolovich

PhD in Law

Assistant Professor, Department of Criminal Law and Procedure, Tuva State University

667000, Russia, Republic of Tyva, Kyzyl, Rabochaya str., 4A, office 212

ALDYNXEREL.ONDAR@MAIL.RU
Other publications by this author
 

 
Mongush Aziyana Saryg-Oolovna

PhD in Law

Associate Professor, Department of Criminal Law and Procedure, Tuva State University

667000, Russia, Republic of Tyva, Kyzyl, Rabochaya str., 4a, office 212

aziana-tyva@mail.ru

DOI:

10.25136/2409-7543.2023.2.40533

EDN:

RDOIAX

Received:

15-04-2023


Published:

22-04-2023


Abstract: This article presents the characteristic features of thefts committed with illegal entry into the homes of citizens in the Republic of Tuva. In particular, regional peculiarities of the commission of thefts involving illegal entry into the home are noted. The methods of penetration into the dwelling are considered: by breaking the door, locking devices, door lock, penetration through the window, by exposing or breaking glass, selecting a key, etc. In the course of scientific research, general scientific methods, formal legal methods, and special research methods were used. Content analysis of documents, empirical research methods, questionnaires, interviewing, analysis, synthesis, etc.   In the first scientific article, an attempt was made to analyze the criminological characteristics of thefts committed with illegal entry into a dwelling in the Republic of Tyva. The main reasons and conditions under which thefts involving illegal entry into a dwelling in the Republic of Tyva are committed are listed. The peculiarities of the personality of a criminal encroaching on someone else's property in the Republic of Tyva are studied. Conclusions are drawn based on the results of an empirical study, in particular on the basis of a survey conducted in the territorial bodies of the Ministry of Internal Affairs of Russia in the Republic of Tyva. The authors refer to statistical data from open sources of information.


Keywords:

theft, statistical data, law enforcement, investigation of crimes, criminological characteristic, Tyva Republic, criminal experience, apartment thieves, trespass, dwelling

This article is automatically translated.

Crimes of a mercenary orientation have a centuries-old history. Criminal experience of committing various embezzlements has been accumulated and continues to accumulate in the criminal world, traditions, skills, methods of committing crimes, subculture and the system of views justifying them are being developed, strengthened and developed [2, 24]. It is associated with the activities of professionals in the criminal environment, i.e. professional crime, as well as many manifestations of organized crime. All categories of these crimes are characteristic of gangs and other organized criminal formations [4, 96-103].

The most common crime not only in ordinary mercenary crime, but also in the general array of crimes are theft. For example, in 2021, only 8483 crimes were committed on the territory of the Republic of Tyva, 3369 of them theft, i.e. 40% of the total array of crimes [6].

Thefts committed with illegal entry into a dwelling occupy a special place in the structure of general thefts, since, firstly, this type of crime category refers to serious crimes. Secondly, theft involves an encroachment on the constitutional right of citizens to inviolability of the home, which in itself forms an independent crime under Article 139 of the Criminal Code of the Russian Federation [1], however, when illegal entry into the home is carried out for the purpose of theft, criminal proceedings under Article 139 of the Criminal Code of the Russian Federation are not required.

In 2022, 230 thefts were registered on the territory of the Republic of Tyva, committed with illegal entry into a dwelling, of which 70 crimes were identified by the accused persons, and the investigation of these criminal cases was completed. At the same time, it should be noted that 95 persons have been identified who committed thefts involving illegal entry into the home, i.e. most of the crimes were committed as part of a group of persons [7].

A characteristic feature of thefts from homes in the Republic of Tyva is that almost 70% of apartment thefts are committed mainly in spring and summer. As evidenced by the results of the survey conducted by the employees of the internal affairs bodies in the Republic of Tyva engaged in the disclosure and investigation of the type of crimes under consideration (Fig. 1).

Figure 1.What is the reason for this, while it is difficult to predict, we believe that in winter and autumn, residents of Tuva most likely spend more time at home, since the severe weather and climatic conditions of the region do not allow citizens to stay out of their homes for a long time.

In total, more than 40 respondents were interviewed in the territorial bodies of the Ministry of Internal Affairs of Russia in the Republic of Tyva during an empirical study, of which 71% are criminal investigation officers and 29% are investigators of investigative bodies directly involved in the disclosure and investigation of thefts from homes. Also, 45% of respondents have service experience in their position from 1 to no more than 5 years, of which 53% of employees specialize in the disclosure and investigation of thefts from homes.

The conducted research showed that in the Republic of Tyva, the most common way of entering a dwelling is to break into a door or locking devices or a lock, 35% of respondents answered this way. The second most popular method of penetration is breaking or exposing the window glass, so 25% of respondents answered. Further, 18% of respondents leaned towards the answer "by free access", 3% answered "through an open balcony", -2% of respondents answered by selecting a key. Based on this, it is necessary to conclude that the physical security of citizens' homes in the Republic of Tyva, especially the entrance doors to the premises, is not strong enough. The owners of residential premises do not pay due attention to strengthening or equipping doors with more reliable locking devices or locks, which is the reason for the frequent illegal entry into the dwelling of apartment thieves in this way.

In most cases, household appliances, televisions, computers, etc. become the subject of criminal encroachment of thefts from homes, 45% of respondents who took part in the survey answered this way. 36% of respondents answered that money and precious metals are most often stolen. And only 19% of respondents answered that mobile phones, smartphones, tablets and other means of communication become the subject of criminal encroachment (Fig. 2).

Figure 2.Taking into account what has been studied, we believe that persons engaged in thefts from homes do not intend to risk stealing mobile cellular communication devices, through which law enforcement agencies can identify a subscriber using this portable device and detect its location.

This fact shows their high awareness of the capabilities of the bodies involved in the disclosure of crimes, as well as their readiness to actively counteract their activities to solve crimes.

Also during the survey, it became known that thefts from homes are mainly committed from private homes in the city (38%), 38% of respondents answered from suburban communities. Fewer people are being abducted from apartment buildings, 20% of respondents said. At the same time, 65% of respondents chose the answer "in the afternoon from 8 to 18 o'clock" as the time of committing burglaries. It is obvious that during the daytime the owners of the apartments are not in their homes, and therefore, criminals take advantage of their absence and realize their selfish goals.

The age of criminals committing burglaries varies from 18 to 25 years, the majority of respondents (78%) answered this way. According to 20% of respondents, this type of crime is committed by persons aged 26 to 35 years, and only 2% of respondents believe that the age of apartment thieves is 35 and above. In addition, it should be noted that 49% of respondents believe that thefts with illegal entry into the home are most often committed by persons who have only previously been convicted of committing apartment theft. And 46% of respondents answered that they were also previously convicted persons, but regardless of what crime, and only 5% of respondents inclined to the answer "not convicted persons". Consequently, it follows from this that the contingent committing thefts from homes in the Republic of Tyva has a high level of criminal professionalism, has experience in criminal activity. In our opinion, this circumstance is one of the reasons for the large number of crimes in Tuva, including mercenary orientation, based on statistical data, according to which for several years the Republic of Tuva has been among the leaders in the number of identified minors who committed crimes, most of which are for embezzlement. Some legal scholars believe that the lack of proper parental control over the behavior of a minor is the reason for this negative manifestation. In many ways, the criminal behavior of these individuals is due to the unfavorable conditions of their formation. Many apartment thieves at a minor age periodically missed lessons, engaged in vagrancy and escapes from home, spent a lot of time on the street and tended to communicate with their own kind [3, 19].

Another characteristic feature of apartment thefts in the Republic of Tyva, according to 61% of respondents, is its group nature, which is confirmed by statistical data. Most of the crimes of this type are committed mainly as part of a group of persons, and only 39% of respondents believe that thefts from homes are committed by individuals. Consequently, it is concluded from this that persons involved in thefts involving illegal entry into a dwelling have high sociability, coherence of their actions, the ability to distribute responsibilities among themselves in a criminal group, which, in fact, is a sign of organization and criminal professionalism of these persons.

In addition, during the survey it was found that apartment thefts are often of a multi-episode nature, i.e. several (2 or more) crimes are committed by the same person or group of persons in a certain period of time. According to I. Y. Kuznetsov, "the professionalism of the "apartment" thief presupposes his repeated theft from his home, during which he acquires the necessary skills in this "craft"" [3, 24]. This circumstance allows us to assert that the high level of professionalism of "apartment" thieves in the Republic of Tyva is one of the reasons for the increase in the number of thefts associated with illegal entry into the dwelling. Since the multiplicity of crimes shows the degree of preparedness of persons engaged in the commission of apartment thefts, from the point of view of the skills and abilities of apartment thieves, it is unhindered and with a low probability of being exposed, to commit thefts from homes. In addition, it should be noted that 69% of respondents indicated that apartment thefts are most often committed by persons who have a vehicle in use, while 85% of respondents indicate that thefts with illegal entry into the dwelling are committed by persons who do not have a permanent source of income, nevertheless, having at their disposal by car. Consequently, this circumstance indicates the level of preparedness of apartment thieves, which shows how high their criminal specialization is.

Thus, thefts committed with illegal entry into a dwelling in the Republic of Tyva are characterized as follows, firstly, apartment thefts as a type of crime are an asocial phenomenon occurring in society, which indicates some deviations of this society and the negative processes occurring in it that determine the appearance of apartment thefts. Secondly, there are many correlating factors to this negative manifestation, and therefore, one of the reasons should be called the criminal experience of the contingent, transmitted to generations, traditions, subculture and a system of views that justifies such destructive behavior. Thirdly, there is a high level of criminalization of the population, especially in rural areas. Certain elements of the criminal environment affect the formation of the personality of adolescents whose parental control is weakened, and their upbringing is not at the proper level, since in villages children are often left to themselves and their location and pastime are not controlled by their guardians. In this connection, this omission on the part of parents and persons replacing them, helps minors to fall under the influence of criminal ideological influence of persons previously convicted, honoring thieves' traditions and foundations.

References
1. "Criminal Code of the Russian Federation" dated 06/13/1996 N 63-FZ (as amended on 04/03/2023). — Text: electronic // ConsultantPlus: [website]. — URL: https://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 04/08/2023).
2. Egorov, S. F. Thefts: criminological characteristics and warning: specialty 12.00.08 “criminal law and criminology; penal law." : abstract of the dissertation for the degree of candidate of legal sciences / Egorov Sergey Fedorovich ; Omsk Academy of the Ministry of Internal Affairs of Russia.-Omsk, 2004.-24 p. — Text : direct.
3. Kuznetsov, I. Yu. Theft from home / I. Yu. Kuznetsov.-2.-Moscow: Russian Criminological Association, 2006.-64 p. — Text : direct.
4. Pirogov, P. P. Criminological features of theft associated with illegal entry into a home / P. P. Pirogov, Yu. A. Yurchenko.-Text: direct // Problems of crime prevention.-2018.-No. 1.-S. 97-103.
5. Ivashchenko, A. V. Personal characteristics of apartment thieves / A. V. Ivashchenko.-Text: electronic // Legal Psychology: [website]. — URL: http://yurpsy.com/files/xrest/2/223.htm (date of access: 04/08/2023).
6. Crime in the Republic of Tyva.-Text: electronic // To be precise: [website]. — URL: https://tochno.st/problems/crime/regions/tyva (date of access: 04/08/2023).
7. Statistical data of the Information Center of the Ministry of Internal Affairs for the Republic of Tyva.-Text: electronic // Ministry of Internal Affairs for the Republic of Tyva: [website]. — URL: https://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 04/08/2023)

Peer Review

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The list of publisher reviewers can be found here.

The subject of the research in the article submitted for review is, as its name implies, the criminological characteristics of thefts committed with illegal entry into a dwelling in the Republic of Tyva. The stated boundaries of the study are fully respected by the author. The methodology of the research is not disclosed in the text of the article, but it is obvious that the author used universal dialectical, logical, statistical, formal and legal research methods. The relevance of the research topic chosen by the author is beyond doubt and is justified by him as follows: "The most common crime not only in ordinary mercenary crime, but also in the general array of crimes are theft"; "Thefts committed with illegal entry into a home occupy a special place in the structure of general thefts ..." In addition, "For In 2022, 230 thefts committed with illegal entry into housing were registered in the territory of the Republic of Tyva, of which 70 crimes were identified by the accused persons, and the investigation of these criminal cases was completed." Additionally, the author needs to list the names of the leading scientists involved in the study of the problems raised in the article, as well as reveal the degree of their study. What is the scientific novelty of the study, the article does not explicitly say. In fact, it manifests itself in a number of the author's conclusions made as a result of his research ("In total, more than 40 respondents were interviewed in the territorial bodies of the Ministry of Internal Affairs of Russia in the Republic of Tyva during an empirical study, of which 71% are criminal investigation officers and 29% are investigators of investigative bodies directly involved in the disclosure and investigation of thefts from homes. Also, 45% of the respondents have service experience in their position from 1 to no more than 5 years, of which 53% of the employee specialize in the disclosure and investigation of thefts from homes"). The scientist analyzed the statistical data on this crime and carried out a sociological study, which allowed him to introduce new data into scientific circulation, clarifying the criminological characteristics of thefts committed with illegal entry into a dwelling in the Republic of Tyva. The author has established the most typical ways of committing a crime, compiled a "rating" of the objects of encroachment, clarified its time and place, and described the criminological portrait of the criminal. The article certainly makes a certain contribution to the development of domestic criminology and deserves the attention of the readership. The scientific style of the research is fully sustained by the author. The structure of the work is quite logical. In the introductory part of the article, the author substantiates the relevance of his chosen research topic. In the main part of the article, the scientist offers readers an updated criminological description of thefts committed with illegal entry into a dwelling in the Republic of Tyva, developed on the basis of an analysis of the latest statistical data on the Republic and materials of sociological research obtained during a survey of criminal investigation officers and investigators of investigative bodies (more than 40 people). The final part of the work contains general conclusions based on the results of the study. The content of the article fully corresponds to its title and does not cause any particular complaints, however, there is a general comment. The author identifies the causes and conditions conducive to the commission of burglaries in the Republic of Tyva, but does not make recommendations on improving appropriate preventive work. Meanwhile, these recommendations, taking into account the available empirical research base, could be of great value for both practitioners and theorists. The bibliography of the study is presented by 7 sources (normative legal act, dissertation, monograph, scientific article, analytical and statistical materials). From a formal and factual point of view, taking into account the nature of the subject of the study, this is enough. The available empirical base of the work allowed the author to clarify the criminological characteristics of burglaries in the Republic of Tyva and raise a number of acute social problems. The appeal to opponents is purely general in nature. The author does not enter into a scientific discussion with specific scientists. The provisions of the work are sufficiently reasoned and illustrated with drawings. Conclusions based on the results of the study are available ("... firstly, apartment thefts as a type of crime are an antisocial phenomenon occurring in society, which indicates some deviations of this society and the negative processes occurring in it that determine the appearance of apartment thefts. Secondly, there are many correlating factors to this negative manifestation, and therefore, one of the reasons should be called the criminal experience of the contingent, transmitted to generations, traditions, subculture and a system of views that justifies such destructive behavior. Thirdly, the high level of criminalization of the population, especially in rural areas", etc.) and deserve the attention of the readership. However, in his conclusions based on the results of the study, the author only states the presence of factors contributing to the commission of the type of crimes under study, but does not give recommendations on how to combat them. Meanwhile, as you know, one of the most important goals of the science of criminology is to prevent the commission of crimes. In this regard, the author's conclusions need to be supplemented. The article needs additional proofreading. It contains punctuation, syntactic, and stylistic errors. The interest of the readership in the article submitted for review can be shown primarily by specialists in the field of criminal law, criminology, criminal procedure, criminalistics, provided that it is finalized: additional justification of the relevance of the chosen research topic, disclosure of its methodology, clarification of certain provisions of the work and conclusions based on the results of the study, elimination of violations in the design of the work.