Mercenariness

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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Mercenariness

 

(koryst’) a concept in Soviet criminal law.

Soviet criminal law views any mercenary motive in the com-mission of a crime as a factor aggravating responsibility. Material incentive, greed, cupidity, and other vile motives under-line the immorality of crime and are evidence of the special danger of the guilty party. Mercenariness is a necessary aspect of certain types of crime (for example, counterfeiting, embezzlement, and speculation, including speculation in foreign currencies and securities). For certain crimes, mercenariness emerges as a possible qualifying attribute; that is, such crimes may be committed both for mercenary and other motives (for example, murder is considered to have been committed under aggravating circumstances if such factors as mercenary motives, hooligan motives, or particular cruelty were involved). In all other cases, when the law does not specifically refer to this motive, committing a crime for mercenary motives is a factor aggravating the responsibility of the guilty party (see, for example, art. 39 of the Criminal Code of the RSFSR).

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Article 47 of Additional Protocol I (dealing with international conflict) states that a mercenary shall not have the right to be a combatant or to prisoner of war status; such a person is therefore just a common criminal under the national law of the country in which they are caught.
This builds upon Additional Protocol I and contains an additional definition of a 'mercenary': as a person using violence to try to overthrow a government or undermine the territorial integrity of a country, is motivated by private gain, is neither a national nor a resident of the state against which the act is directed, has not been sent by a state on official duty and is not a member of the armed forces of the state on whose territory the act is undertaken.
First, as the PNG crisis showed, the problem of mercenary deployment can suddenly arise at any time, even in areas where there was no previous tradition of mercenary deployment.
For example, Mike Hoare ('Mad Mike'), a veteran of the Congo mercenary operation, in November 1981 arrived with 44 others in the Seychelles (population: 72,000) to attempt a coup d'etat, which was foiled by alert security staff.
The purpose of the Mercenary Activities (Prohibition) Act 2003 is said to be 'to implement in New Zealand law New Zealand's obligations under the Mercenaries Convention' and the reason that New Zealand would want to do this is that,
The definition used in the Convention (and Protocol) and in the Mercenary Activities Bill is so complex as to present insuperable problems in its application.
The definition of 'mercenary', as amended in the select committee process, follows exactly that of the 1989 Mercenaries Convention, which distinguishes two categories of mercenary, depending on whether 'a concerted act of violence' is involved.
This is important since it constitutes one of the two grounds that the Convention provides for opposing mercenary activity.
The origin of the problem was the proliferation of mercenary companies in the Italian peninsula during the fourteenth century.
From the beginning and increasingly after the 1370s, Siena's lands were also prey of Italian mercenary companies.
The options were basically two: either to meet the mercenary threat with a bribe or to defeat them on the battlefield.
Caferro's book does not dwell on the tactical or strategical aspects of mercenary warfare.

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