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

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.