NORDSCI Conference proceedings 2018, Book 2

Law

FORCED COMPLICITY AS A CIRCUMSTANCE EXCLUDING THE CRIME OF FINANCING TERRORISM

Prof. Dr.Uriy Truntsevsky

ABSTRACT

The financing of terrorism is an international crime. In recent years, Russia has stepped up its interdisciplinary research on countering the financing of terrorism. The main purpose of this article is to define the limits of criminal liability for the facilitation of terrorist activities in the form of financing of terrorism; evidence of the possibility of fixing the forced complicity in the form of financing of terrorism as a circumstance precluding the crime of the act. The objectives of this article were: a comparative analysis of anti-terrorist terms and definitions, identifying the content of the financing of terrorism on the basis of a functional approach. The financing of terrorism is a form of facilitating terrorist activities; a separate form of complicity and incitement. There are conditions under which such aiding and abetting is compulsory. For example, the ransom of hostages or the financing of the return of a relative from the territory of another state, if such relative is a member of a terrorist organization. It is proposed to recognize such an act as an independent circumstance excluding the crime of the act. Circumstances forced complicity and incitement-a set of conditions under which human behavior is aimed at achieving a positive goal-to provide financial assistance in the release of the hostage (a member of a terrorist organization). A person is forced to cause harm, as provided for in Art. 205.1 of the Criminal Code. Such harm is considered socially appropriate (permissible) or socially acceptable, and such coercive actions aimed at achieving a socially useful purpose are not a crime, taking into account the observance of the conditions of their legality financing of terrorism, ransom, hostage - taking, forced complicity.

KEYWORDS

financing of terrorism, ransom, hostage - taking, forced complicity

REFERENCE

NORDSCI Conference Proceedings 2018, Conference Proceedings, ISSN 2603-4107, ISBN 978-619-7495-01-0, FORCED COMPLICITY AS A CIRCUMSTANCE EXCLUDING THE CRIME OF FINANCING TERRORISM, 317-323 pp, DOI paper 10.32008/nordsci2018/B2/V1/45