Forms of complicity: organized group and criminal community (criminal organization.)

Complicity in a crime is the intentional joint participation of two or more persons in the commission of an intentional crime. A form of complicity is a type of joint activity of several persons in the process of committing a crime, which is determined by the way the accomplices interact and the presence of collusion between them.

An organized group and a criminal community (criminal organization) are a complex complicity. Complex complicity also includes complicity with a division of roles (organizer, performer, instigator or accomplice).

An organized group is a partnership, the distinctive feature of which is the presence of stability. Stability is the unification of members of an organized group for the purpose of jointly committing a crime multiple times (both identical and heterogeneous) over a long period of time. As a general rule, even in a group of 2 people there must be a leader (organizer). Characterized by careful planning of the crime, distribution of roles, and good technical equipment. Group members can be perpetrators of crimes committed, but can only be organizers and accomplices, which differs from the legal assessment - from the point of view of criminal law - all participants are perpetrators.

A criminal organization is the most complex and dangerous form of complicity. This is a cohesive organized group created to commit grave or especially grave crimes, or representing an association of criminal groups created for the same purposes. Distinctive features of a criminal community: 1) a significantly higher degree of stability and cohesion of its members than in an organized group; 2) a much more complex internal structure; 3) focus on committing grave and especially grave crimes; 4) the head of the community is a person with authority in the criminal environment.

An association of organized groups created for the purpose of committing grave and especially grave crimes is a criminal community consisting of relatively autonomous stable groups that were specially created as structural units or arose at different times, but were then united.

The creation of a criminal organization is considered a completed crime.

Criminal liability for complex complicity:

A person who created an organized group or criminal community (criminal organization) or led them is subject to criminal liability for their organization and management in cases provided for by the relevant articles of the special part of the Criminal Code, as well as for all crimes committed by an organized group or criminal community (criminal organization). , if they were covered by his intent. Other participants in an organized group or criminal community (criminal organization) bear criminal liability for participation in them in cases provided for in the relevant articles of the special part of the Criminal Code, as well as for the crime in the preparation or commission of which they participated.

Failed complicity occurs when the organizer or instigator, for reasons beyond his control, failed to persuade another person to commit a crime. Criminal liability arises for preparation of a crime.

The joint commission of a crime imposes special features on the voluntary refusal of accomplices: The organizer and instigator are not subject to criminal liability if these persons, by timely reporting to the authorities or other measures taken, prevented the perpetrator from completing the crime. An accomplice is not subject to criminal liability if he has taken all measures within his power to prevent the commission of a crime. If the actions of the organizer or instigator did not lead to the prevention of the commission of a crime by the perpetrator, then the measures taken by them may be recognized by the court as mitigating circumstances when imposing punishment.

The creation of a criminal organization is considered a completed crime.

Criminal liability for complex complicity:

Failed complicity occurs when the organizer or instigator, for reasons beyond his control, failed to persuade another person to commit a crime. Criminal liability arises for preparation of a crime.

OPS. What to do?

From the experience of the participation of lawyers of the ExCorp-Zashchita Bar in this category of cases, we can come to the following conclusions.
The stability of a criminal group should be evidenced by the constancy of the forms and methods of criminal activity, the distribution of functions between its members, the stability of the group’s composition and the duration of its existence. At the same time, the created criminal group must have all the characteristics characteristic of an organized group.

If signs of a more complex internal structure, increased cohesion, stability, stability of composition and coordination of actions that a criminal community should have in comparison with an organized group, investigative bodies or the court are not established, then the act cannot be qualified under Article 210 of the Criminal Code of the Russian Federation.

In the case, convincing evidence must be presented that the person(s), when committing crimes as part of an organized group, was aware of their belonging to a criminal community, which, among others, is a mandatory sign of participation in a criminal community.

In addition, it is worth mentioning that the admission of guilt under Article 210 of the Criminal Code of the Russian Federation during the preliminary investigation by one of the participants in the crime cannot in itself serve as a basis for qualifying the actions of other persons under the same article.

OPS. Punishment

Punishment for committing a crime under Part 1 of Art. 210 of the Criminal Code of the Russian Federation, is imprisonment for a term of twelve to twenty years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a period of one to two years years.
For committing a crime under Part 2 of Article 210 of the Criminal Code of the Russian Federation, for participation in a criminal community (criminal organization), imprisonment for a term of five to ten years is provided with a fine of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for the period up to three years or without it and with restriction of freedom for up to one year.
Acts provided for in parts one or two of Article 210 of the Criminal Code of the Russian Federation and committed by a person using his official position are punishable by imprisonment for a term of fifteen to twenty years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for the period up to five years or without it and with restriction of freedom for a period of one to two years.
Punishment for the acts provided for in the first part of this article and committed by a person occupying a higher position in the criminal hierarchy is provided in the form of imprisonment for a term of fifteen to twenty years or life imprisonment.

OPS. Exemption from punishment

For some types of crimes, the legislator provides mechanisms that motivate criminals to refuse to commit a crime and cooperate with law enforcement agencies. Thus, according to the note to Article 210 of the Criminal Code of the Russian Federation, a person is exempt from criminal liability:

upon voluntary termination of participation in a criminal community (criminal organization) or a structural unit included in it or a meeting of organizers, managers (leaders) or other representatives of organized groups;
when actively contributing to the detection or suppression of these crimes;

If you have questions or need protection in a criminal case involving the organization of a criminal community (criminal organization), contact the lawyers of the Specialized Moscow Bar Association "EkCorp-Zashchita", and you will receive qualified legal assistance in a high-quality and prompt manner.