Comparative characteristics of simple and complex participation

Depending on the functional roles performed by accomplices in the crime, two types of complicity :

• simple;
• complex.

Depending on the degree of cohesion of the accomplices, there are four forms of complicity :

• a group of persons without prior agreement;
• a group of persons by prior conspiracy;
• organized group;
• criminal community (criminal organization).

The division of complicity into types and forms is not mutually exclusive, and a number of cases of joint commission of a crime can be attributed to both one of the types of complicity and one of its forms.

Performer's kurtosis

The excess of the performer is the commission of acts that are included only in the intent of the performer.
In any type of combined crime, excess is possible. That is, the performer exceeds the limits within which he must act when implementing illegal actions. This entails the implementation of a more serious crime. A feature of excess is the absence of a causal connection between the intent of the accomplices and the illegal actions.

Types of excess:

1. Qualitative excess - a person who directly commits an offense, which is included in the intent of the other accomplices, commits another type of crime that was not covered by intent.
2. Quantitative excess – the actions of the performer led to more severe consequences. A different result of actions or in the case of a different method of carrying out the crime is also possible. In this case, exceeding the result required by the criminals does not entail an interruption of the crime.

If the crime turns out to be less serious, the perpetrator is provided with a waiver of the more serious crime (mitigates the sentence).

In the case of quantitative excess, accomplices are responsible either for the fact of an unfinished (for example, attempted) crime or a completed one, but part of their plans.

In case of qualitative excess, the punishment for the performer will be based on the totality of actions (both planned and executed).

Complicity begins to appear in legal sources of the Middle Ages. This suggests that this concept is one of the most ancient in the history of criminal law. Moreover, even modern legislation has not been able to eradicate this criminal institution. An example of this is the corruption system that has developed in Russia in recent years.

Harboring

Unlike complicity, concealment occurs after the unlawful act has been committed. According to the provisions of the Criminal Code, concealment of relatives and spouses is not punishable.

From the objective side, concealment is always an active action. There are 2 types of this assistance: intellectual and physical. Intellectual concealment is not punishable by law. However, there are exceptions - this is a false denunciation (Article 306) and false testimony, including the conclusions of specialists, translators, experts (Article 307), but according to the code they are separate illegal acts.

Physical concealment is divided into:

• hiding the culprit from the police (providing housing, fake documents, providing food, money);
• destruction of traces (elimination of evidence, concealment of a corpse);
• getting rid of tools (destruction, modification, concealment);
• purchase or sale of stolen property that was transferred to the concealer by criminals (Article 175).

The subjective side is only intent. The guilty person is punished only if he realizes that he is committing an unlawful act and the actions he takes are desirable for him.

General concepts and theories of complicity

The concept of Russian law recognizes group participation as one of the most complex institutions. At the same time, the question of the exact understanding of this concept remains debatable. In the version of the Criminal Code of Russia introduced in 1996, Chapter 7, which includes five articles, is allocated to the concept, forms, types, and signs of complicity in crimes.

If we consider the concept of culpability in a general sense, these are various types of cases of crimes committed by several people.

In a narrower sense, the definition of complicity includes the conscious common participation of several people in operations with criminal intent.

Analysis of the legal aspects of this concept points to two main theories:

1. The theory of the accessory nature of culpability.
2. Theory of independence of actions of accomplices.

Based on the first point of view, culpability has an additional, dependent character. The main criterion here is the actions of the performer. The actions of other participants act as auxiliary ones. Thus, during the legal assessment of the activities of the accomplices, there is a complete comparison with the actions of the performer.

If his actions are recognized as illegal and subject to punishment, then the accomplices will bear the same responsibility and the same sanctions should be applied to them. Accordingly, if the perpetrator cannot be brought in, then the accomplices will also not be punished.

And yet, some legal scholars are inclined to believe that if the perpetrator refuses to carry out the crime, the accomplices should be punished.

The essence of the second theory is the understanding of culpability as a separate form of crime. It follows that the accomplices are personally responsible for their crimes, and not for the behavior of the main criminal. In such a situation, each person individually is subject to criminal prosecution according to the relevant standards.

Even in the absence of grounds for punishing the perpetrator (For example, if the offender repented or voluntarily refused to commit the crime) or unforeseen circumstances (death of the perpetrator), the accomplices will bear the independent burden of responsibility.

The concept and forms of complicity. Simple complicity

Complicity in a crime is the intentional joint participation of two or more persons in the commission of an intentional crime.

The first objective sign presupposes the participation in the crime of two subjects who are capable of bearing criminal responsibility for the crime committed, i.e., sane and have reached the legal age. The use by a fit (in the sense of criminal liability) subject of an insane person or a minor who has not reached the age of criminal responsibility does not constitute complicity. For example, an adult criminal uses a twelve-year-old teenager to commit theft from an apartment (the latter, for example, enters the apartment through the window). In this case, only an adult criminal can be held criminally liable as the perpetrator of a crime who used a minor as an instrument to commit a crime.

Interaction, in turn, as an integral characteristic of any cooperation, certainly requires the presence of a two-way connection between the persons involved in the process, which is determined not only by the awareness of the community of accomplices, but also by the desire to achieve a common criminal result for them. Therefore, interaction can be defined as an organization, in whatever form it may be, of joint actions that allow a specific association of people - the subjects of a crime - to implement activities common to its members.

Collaboration, in addition to interaction, is characterized by the presence of a certain relationship - the actions of one accomplice are a necessary condition for the actions of the other. Thus, if an instigator persuades another person to commit a crime, this does not at all mean that its commission is inevitable. The perpetrator, having agreed with the instigator, may subsequently change his decision. The causal connection between the actions of the accomplices and the resulting result is a necessary element of complicity.

At the same time, the establishment of a causal relationship depends on the specifics of the objective side of the crime being committed, on whether the crime is committed with a formal or material element. In the first case, when the objective side of a jointly committed crime is expressed only in a socially dangerous action or inaction, a causal relationship is established between the actions of the accomplice and the actions committed by the perpetrator. For example, the perpetrator committed a robbery. An accomplice gave him a pistol for these purposes. Although, for example, the victim did not have the alleged money or property, the crime, on the one hand, will be considered completed from the moment of the attack on the victim, and on the other, committed in complicity. In this case, the objective side of complicity lies in the causal connection between the actions of the accomplice who gave the perpetrator a firearm, and the perpetrator who used this weapon to attack the victim (only actions, and not the consequences of the performer’s actions).

In crimes with material elements, a causal relationship is established between the actions of the accomplice and the consequences resulting from the actions of the perpetrator. Let's say that an accomplice gave the gun to the perpetrator so that he could commit the murder. In this case, the objective side lies in the causal connection between the transfer of firearms and the death of the victim, which followed from the shot of the perpetrator at the victim, made by him from this weapon.

The criminal activity of accomplices is most often expressed by action, however, complicity is also possible through inaction, when, for example, a lilo does not fulfill the duties assigned to him, making it easier for other accomplices, by mutual agreement, to achieve a criminal result.

The subjective sign of complicity consists of two parts: intentionality of participation; complicity in the commission of an intentional crime.

Intentionality of complicity means that all persons jointly committing a crime act with either direct or indirect intent (see commentary to Article 25 of the Criminal Code). A person committing a crime as an accomplice is aware not only of the socially dangerous nature of his act (which is typical for a person acting alone), but also of the fact that he is not acting alone. This mental attitude towards joint criminal activity is inherent in all accomplices. If one criminal did not know about the joining activities of the other, then complicity is excluded, since the two-way communication that characterizes interaction, as well as jointness, is excluded. In this case, responsibility, according to the principle of subjective imputation, should be distributed as follows: the performer is responsible for what he actually did, and another subject (for example, an instigator), acting covertly, without clearly revealing his intentions, those. without interacting with the perpetrator - as for an attempt (or preparation) to commit the same crime in complicity.

Complicity is possible blunder. in a crime, the subjective side of which involves intent (direct or indirect). If in the article of the Special Part of the Criminal Code the subjective side of a criminal act presupposes both the presence of intent and negligence (for example, Part 1 of Article 215 of the Criminal Code of the Russian Federation), it can be qualified as committed in complicity only if intentional guilt is established.

(6) Complicity is possible not only in a completed crime, but also in any stage of an unfinished crime.

FORMS OF PARTICIPATION.

On the first basis, two forms of complicity in a crime are distinguished: 1) simple complicity (it is also called complicity without division of roles or co-execution) and 2) complex complicity (complicity with division of roles or complicity in the strict sense of the word). Simple complicity occurs when each of the participants in the crime fulfills through their actions the objective side of the crime being committed jointly. For example, two persons beat a victim, causing harm to his health to a certain degree of severity. Complex complicity is a form of complicity when roles are distributed between individual participants in the crime: in addition to the perpetrator who directly carries out the objective side of the crime, other accomplices also participate - the organizer, instigator or accomplice (both all and any of them).

SIMPLE PARTICIPATION.

Complicity without prior agreement is the joint participation of two or more persons in the commission of a crime without prior agreement. Such complicity can be expressed, for example, in causing bodily harm or committing murder in a collective fight, in rape, etc. In these cases, accomplices usually join the perpetrator, who has already begun to carry out the objective side of the crime. Other accomplices also “manage” to fully or partially fulfill the objective side of the crime being committed.

2. COMPLEX PARTICIPATION AND ITS TYPES:

a) Performance:

The perpetrator of a crime is a person who directly committed a crime or directly participated in its commission together with other persons (co-perpetrators), as well as a person who committed a crime through the use of other persons who are not subject to criminal liability due to age, insanity or other circumstances provided for by the Criminal Code (Part 2 of Article 33 of the Criminal Code of the Russian Federation). The direct commission of a crime means the direct execution of the objective side of the corresponding crime.

b) Organization:

An organizer is a person who organized the commission of a crime or supervised its execution, as well as a person who created an organized group or criminal community or supervised them (Part 3 of Article 33 of the Criminal Code of the Russian Federation). An organizer is the initiator or leader of the preparation for committing a crime. He selects the participants in the crime and distributes roles between the accomplices. It should be noted that among all accomplices, the organizer is the most dangerous criminal, which is taken into account when assigning punishment to him (the content of the concepts of an organized group and a criminal community will be disclosed when presenting the issue of forms of complicity in a crime).

c) Incitement:

An instigator is a person who persuaded another person to commit a crime by persuasion, bribery, threat or other means (Part 4 of Article 33 of the Criminal Code of the Russian Federation). To induce means to generate in another accomplice the intent to commit a crime. Incitement is, in principle, possible in relation to any accomplice, but most often the instigator persuades the perpetrator to commit a crime. Methods of incitement can be very diverse: persuasion, promises, bribery, deception, inciting base feelings (envy, revenge, etc.).

Sometimes a performer acts under the influence of another person’s mental influence on him, but he himself is not aware of it.

d) Aiding:

An accomplice is recognized as a person who assisted in the commission of a crime by advice, instructions, provision of information or means of committing a crime or by removing obstacles, as well as a person who promised in advance to hide the criminal, the instruments or means of committing the crime, traces of the crime or objects obtained by criminal means, and equal to a person who promised in advance to purchase or sell such items (Part 5 of Article 33 of the Criminal Code of the Russian Federation).

The objective side of complicity is expressed in providing assistance to the perpetrator of a crime in committing a crime or in a promise given in advance to provide various assistance in concealing the crime. Complicity can be physical and intellectual. Physical complicity is expressed in the commission of actions that facilitate (help) the perpetrator to carry out the objective side of the crime. 9.10.14 These actions consist of providing means of committing a crime (for example, providing firearms or bladed weapons, burglary tools, providing transport for committing theft on a large scale) or in removing obstacles (for example, turning off an alarm). Intellectual complicity consists of providing assistance in committing a crime by giving advice, instructions, providing information (for example, about the time of absence of the owners of the apartment that they intend to rob), as well as in a pre-given promise to hide the criminal, weapons or other means of committing a crime, or items obtained by criminal means, or purchase or sell such items.

Intellectual complicity, expressed in assisting the performer with advice and instructions, brings him closer to instigation.

3. COMMITMENT OF A CRIME BY A CRIMINAL ORGANIZED GROUP.

In accordance with Part 3 of Art. 35 of the Criminal Code of the Russian Federation, a crime is recognized as committed by an organized group if it was committed by a stable group of persons who united in advance to commit one or more crimes. This form of complicity differs from the previous one by the sign of stability. This sign usually presupposes the intent of the accomplices to commit not one, but several crimes (for example, an organized group was created to commit burglaries). However, stability can also be expressed in the careful preparation of one crime. The Plenum of the Supreme Court of the RSFSR in its resolution “On judicial practice in cases of extortion” dated May 4, 1990 (with subsequent amendments) indicated: “An organized group, provided as a qualifying feature ... should be understood as a stable group of two or more persons united by intent to commit one or more crimes. As a rule, such a group carefully prepares and plans the crime, distributes roles between accomplices, is equipped with equipment, etc. "'. The commission of a crime by an organized group in relation to a number of offenses is provided by the legislator as a particularly aggravating (qualifying feature of the crime, for example, in the case of theft (clause “a”, part 3 of Article 158 of the Criminal Code of the Russian Federation), in case of fraud (clause “a” of part. 3 of Article 159 of the Criminal Code of the Russian Federation), in case of misappropriation or embezzlement (clause “a” of Part 3 of Article 160 of the Criminal Code of the Russian Federation), during robbery (clause “a” of Part 3 of Article 161 of the Criminal Code of the Russian Federation), robbery (clause "a" part 3 of article 162 of the Criminal Code of the Russian Federation), extortion (clause "a" of part 3 of article 163 of the Criminal Code of the Russian Federation). According to part 6 of article 35 of the Criminal Code of the Russian Federation, the creation of an organized group in cases not specifically provided for by the Special Part The Criminal Code entails responsibility for preparation for the crimes for which it was created.

CRIMINAL ORGANIZATION AND ITS SIGNS.

In accordance with Part 4 of Art. 35 of the Criminal Code of the Russian Federation, a crime is recognized as committed by a criminal community (criminal organization) if it was committed by a cohesive organized group (organization) created to commit grave or especially grave crimes, or by an association of organized groups created for the same purposes. A criminal community is the most dangerous form of complicity. It differs from an organized group by the sign of cohesion and the goal of committing certain serious and especially serious crimes. Cohesion usually presupposes the presence in a criminal organization of complex organizational-hierarchical connections, careful secrecy, the presence of significant funds in circulation, the establishment of connections with law enforcement agencies (corruption), the presence of a system of protective measures (internal counterintelligence), the presence of security guards, militants and hired killers'. A criminal community, as a rule, involves arming the corresponding criminal organization with the latest types of weapons, including foreign-made ones.

RESPONSIBILITY OF ACCEPTANTS.

Firstly, in accordance with Part 1 of Art. 34 of the Criminal Code of the Russian Federation “the liability of accomplices is determined by the nature and degree of actual participation of each of them in the commission of a crime.” Considering that the objective side of the crime is carried out by the perpetrator, it is obvious that the Criminal Code makes the responsibility of accomplices dependent on the responsibility of the perpetrator.

The actions of co-perpetrators are qualified under one article of the Criminal Code, which provides for liability for a crime committed jointly by them without reference to Art. 33 (Part 2 of Article 34 of the Criminal Code of the Russian Federation). The actions of the organizer, instigator and accomplice are qualified under the article providing for punishment for the crime committed (meaning committed by the perpetrator) with reference to Art. 33 of the Criminal Code (Part 3 of Article 34 of the Criminal Code of the Russian Federation). The organizer, instigator and accomplice are liable as accomplices even in cases where the perpetrator is a person specifically indicated in the relevant articles of the Special Part of the Criminal Code (Part 4 of Article 34 of the Criminal Code of the Russian Federation). In the latter case, we are talking about complicity in a crime, in which a special subject of the crime acts as a perpetrator.

In accordance with Part 5 of Art. 34 of the Criminal Code of the Russian Federation, if the perpetrator does not complete the crime due to circumstances beyond his control, the remaining accomplices bear criminal liability for preparation to commit a crime or attempt to commit a crime.

Thus, the grounds and limits of liability of co-participants are determined one way or another in accordance with the criminal legal assessment of the act committed by the perpetrator. This corresponds to the legislative provision on the general basis of criminal liability, which is the commission of an act containing all the elements of a crime provided for by the Criminal Code (Article 8 of the Criminal Code of the Russian Federation). In this sense, complicity does not create any new grounds for criminal liability.

Difference from instigator

Subject characterized by part five of Art. 33 of the Criminal Code of the Russian Federation, does not provoke the determination of other citizens to commit an unlawful act. He can only strengthen it. Moreover, such influence on other persons does not act as a distinctive sign of complicity. An entity that strengthens someone's resolve to commit an attack does not always fall under the characteristics given in the fifth part. Ordinary approval of intentions to carry out illegal actions is not regarded as complicity. However, if it entailed acts contributing to the crime, the situation is different. For example, the behavior of a citizen who encourages a friend who has decided to commit illegal actions does not fall under the fifth part of Art. 33 of the Criminal Code of the Russian Federation. This subject cannot be called an accomplice to the crime. Approval, which was expressed by the boss or another citizen, in relation to whom the performer is dependent (subordinate), does not in itself contribute to the commission of an assault. Accordingly, it also does not fall under part five of Art. 33 of the Criminal Code of the Russian Federation. However, if approval of the desire to commit theft was expressed by the watchman in such a way that the alleged criminals should count on his assistance, then the person’s behavior will be regarded as a type of complicity. Any complicity always arises after the determination to commit an attack appears.

Provision of information

It is understood as the transfer of information to a subject who is obviously ready to commit a crime or is already carrying out illegal behavioral acts. Providing information is also aimed at facilitating the commission of an act. But unlike instructions or advice, it does not contain data on the behavior options of the accomplices. In this case, the subjects themselves evaluate the information and choose ways to optimize actions taking it into account. By providing information, the accomplice is not directly interested in achieving the criminal goal. This form of assistance can be expressed in both active and passive behavioral acts.

Involvement in crime

Involved in the crime committed are not only accomplices, but also other people related to the crime. In domestic criminal law, such persons are called “touched” to the crime.

Involvement in crime is an attack on the opportunity to prevent or solve a crime. Unlike complicity, with implication, the actions of the offenders do not have a causal connection with the crime.

In this case, touchiness is divided into several types:

1. Concealment (Article 316) – its main feature is considered to be the fact that it was not promised in advance. This behavior is detrimental to solving crimes.
2. Connivance is the deliberate allowance of illegal actions.
3. Failure to report illegal behavior (not provided for by the Criminal Code of Russia, but was present in the Code of the RSFSR - Article 19).

Some scientists and scientists believe that incitement should be considered another type of touching. This distinction is based on the fact that incitement involves inducing one person to another to commit an offense, while the instigator is not actively involved.

But today the list of types of touch is exhaustive.

What is a group form of participation, and what are its varieties?

Dubeshko Ksenia.

SMP – 141;

Course – 2;

Group – 1.

Task 1.

O. and K. were found guilty of aiding and abetting the theft of someone else's property, which, according to the court, was expressed in the fact that they “systematically acquired obviously stolen alcohol, thereby assisting Kh. in selling the stolen goods.”

Each of the perpetrators bought the stolen alcohol twice.

Is the court's conclusion correct?

Yes it is.

According to the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated June 17, 1994 No. 3 “On the application by courts of legislation in cases of theft of property.”

Resolution No. 28: “...The pre-promised acquisition of obviously stolen property and the pre-promised sale of such property, as well as the systematic acquisition of stolen property from the same thief by a person who was aware that this allows the thief to count on assistance in theft, should be qualified as complicity in theft.” sale of this property...”

The systematic acquisition of stolen property from the same thief should be qualified as complicity in theft in the form of aiding and abetting.

What is involvement in a crime and what are its types?

If a person who is not an accomplice to a crime provides assistance to a criminal that is not related to achieving a criminal result, then such assistance is regarded as involvement in the crime.

.
Involvement can be expressed in the form of concealment
,
failure to report
and
connivance
.

1) Cover-up

crime will take place when it is not promised in advance. In accordance with Art. 405 of the Criminal Code punishes concealment of only grave and especially grave crimes.

2) Non-reporting

about a crime is an inaction consisting of failure to inform the authorities about a particularly serious or serious crime committed or being prepared, or about the person who committed it, or about the location of such a person (Article 406 of the Criminal Code).

3) Connivance

A crime is the inaction of an official who does not take measures to suppress the crime or detect it. Responsibility for connivance is provided for in Art. 425 CC.

What is the difference between complicity and the acquisition of property known to have been obtained by criminal means?

Ø An accomplice

A person who assisted in the commission of a crime by providing advice, instructions, providing information or tools and means for committing a crime, removing obstacles or providing other assistance is recognized. In addition, an accomplice is a person who in advance, that is, before the commission of a crime by the perpetrator, promised to hide the criminal, the instruments or means of the crime, traces of the crime or items obtained by criminal means, or promised in advance to purchase or sell such items.

Highlight:

1) physical assistance

2) intellectual assistance

3) complicity in the form of concealment

Ø In accordance with Art. 236 of the Criminal Code of the Republic of Belarus acquisition, storage or sale of material assets

, acquired by criminal means, entail criminal liability under this article only on the condition that these actions were not promised in advance to the person intending to commit a crime, the result of which would be the acquisition of these values.

Task 2.

V. and F. attacked the victim and knocked her to the ground. At the same time, F. searched her, and V. tore the watch off her hand, and both ran away.

In court, the actions of V. and F. were qualified in the episode of attack on the victim as attempted rape, and V.’s action was additionally qualified as robbery. After reviewing the case materials by a higher court, it was established that they attacked not for the purpose of rape, but for the purpose of robbery.

What is a group form of participation, and what are its varieties?

If accomplices are divided into types depending on the role they play in joint actions, then when identifying forms of complicity, another criterion is used, namely: the degree of relationship between accomplices, the level of their organization and the stability of their group.

Articles 17-19 of the Criminal Code name such forms of complicity as a group, an organized group, a criminal organization.

1. Complicity with different types of partners

(simple complicity) occurs when each accomplice acts within a certain type: organizer, instigator, accomplice, performer. This form of complicity is, as a rule, characteristic of isolated crimes that do not require lengthy preparation and coordinated actions.

2. Complicity in the form of a criminal group of persons (co-execution

) occurs when two or more persons jointly participated in the commission of a crime as perpetrators (Article 17 of the Criminal Code). A group of persons can act with or without prior agreement, in connection with which the following types of co-execution are distinguished.

· Co-execution without prior agreement

- this is the joining of a person to the criminal activity of another person.

· Co-execution by prior agreement

(Part 2 of Article 17 of the Criminal Code) assumes that the perpetrators agreed in advance to commit a crime together. At the same time, it is not necessary that they specify all the details of the crime; it is enough that they reach a general agreement on the goals and methods of achieving them.

3. Complicity in the form of an organized group

– this is a joint criminal activity of two or more persons who have previously united into a managed stable group (Article 18 of the Criminal Code).

What does judicial practice show under this article?

Judicial practice under this article is extensive and occurs frequently, since crimes often involve not one person, but several. Their responsibility is equal to the degree of participation.

Examples of cases:

1. A group of citizens was detained for kidnapping a child from citizen E. She was in the park when one of the accomplices distracted her with a conversation, the second lured the child, grabbed him and ran to the third, who was waiting in the car. Without delay, we managed to detain all the participants in the crime. In accordance with the law, they were given a punishment: the first, who distracted E., received the mildest, the second, who directly stole the child, received the heaviest.
2. Citizen V., who owned a small store, contacted the police. At night he was robbed and his food and cash register were taken away. Using CCTV cameras, it was possible to identify the group of people who participated in the robbery. They were detained, they agreed to cooperate with the investigation and brought investigators to the customer of the robbery - competitor V. They convicted everyone, the customer received a fine and imprisonment for a year, each of the perpetrators was sentenced to 6 years, except for the one who guarded the robbers - he was given 3 years.
3. In the city of L., a gang was detained that attacked people in the evening and robbed them. The police found them guilty in 25 cases and took the case to court. The punishment was decided according to the participation of each gang member. Those who did not take part in all crimes received 6 years of arrest, active perpetrators - 10 years.

What decisions are most often made under Article 34?

More often, the article makes guilty decisions, since the crime has already been committed or preparations were underway for it. Depending on which member of the group was responsible for what action, the punishment differs. This may be a fine, deprivation or restriction of freedom, forced or other labor, deprivation of the right to engage in activities.

What determines the degree of punishment?

The degree of complicity is directly dependent on the action taken. For example, the helper gives advice, or can remove an obstacle or provide information. Another example: perpetrators and accomplices cannot participate in the murder of the mother of a newborn child, since such qualifications mitigate the circumstances. If a man was involved in the crime, his actions are regarded under Article 105.

Exemption from sanctions

It is provided for in Article 31 (Part 4). An accomplice is not held accountable if he has taken all necessary and dependent measures to prevent the attack. Some authors argue with lawyers who admit the possibility of voluntary refusal by a person participating in an encroachment through a promise given in advance, through passive behavior. To be released from liability, an accomplice must take measures to eliminate the consequences of his actions. Accordingly, the subject who promised in advance to provide assistance must neutralize participation in the crime by returning the word given earlier. This can only be achieved through active actions. Article 33, part 4, of the Model Criminal Code recommends excluding from the list of accused citizens who refused to the perpetrator the assistance promised in advance before the end of the crime or who eliminated the results of the assistance provided.

Complicity in crime

You now know what complicity in a crime is, but to clearly understand the qualifications of the actions of group members, it is necessary to separately consider each of the roles that the legislator identifies.

Types of complicity in criminal law are determined depending on the nature of the actions of the perpetrators of the crime. Each type of complicity complements the next one, and, ultimately, allows you to achieve a criminal goal.

The criminal law distinguishes the following types of accomplices:

• organizer;
• executor;
• instigator;
• accomplice.

The organizer is the person who became the owner of the idea to break the law and supervised the execution process. This type of complicity is considered the most dangerous, since the figure lures other people into criminal activities. The organizer’s function is to prepare a crime plan, select and search for a perpetrator, distribute roles between other participants, and search for the instruments of the crime. In judicial practice, there are often cases when the organizer becomes a co-perpetrator of a violation of the law or does not take an active part at all.

The performer is the person who directly took active actions to achieve the result. The performer may be alone, or may participate as a co-executor along with others. If the punishment is determined, it is the perpetrator who is given the longest sentence for the violation.

An instigator is a person who induces another person to commit an unlawful act. The instigator himself does not take active steps in committing the crime; his function is to arouse the determination of others to commit the unlawful act he desires. He can use threats, blackmail, bribery or ordinary persuasion to achieve his goal.

It is important that the motives and goals of the perpetrator and the instigator may be completely different.

The accomplice creates the conditions for the commission of a crime, his guilt in the crime is determined by the most minor. He can participate in the beginning of a crime at the preparation stage, providing weapons, or during execution, for example, driving a car to the exit. There are even preferential grounds for an accomplice to voluntarily refuse to commit a crime. It is enough for him not to fulfill the duties assigned to him by the organizer, and to interfere with the implementation of the criminal plan.

https://youtube.com/watch?v=aZOr2Z6SloY

The concept and signs of complicity in a crime are very important, because this is the only way to individualize the punishment for a crime. The criminal legislation of the Russian Federation excludes collective liability for an act united by a single intent.

The responsibility of accomplices is determined depending on the degree and importance of the participation of each of them in the commission of the crime. Sometimes the actions of members of the same criminal group can even be classified under different articles. Although, in general, the responsibility of the group members is associated with the responsibility of the performer, who was supposed to translate the collective will into reality. Failure to hold him accountable predetermines the limits of responsibility for the remaining participants. Mitigating and aggravating circumstances are taken into account completely differently; they are imputed only to a specific person and are not imputed to others.

Types of accomplices

According to the Criminal Code of the Russian Federation, the following types of accomplices are distinguished. Everything is simple here. The perpetrator is the person who directly committed the criminal act. An organizer is a person who directly organized a criminal act or managed its execution. An instigator is a person who induces another person or persons to commit criminal activity. An accomplice is a person who facilitated the commission of a crime with advice, information, persuasion, or other means.

The greatest criminal liability comes for the organizer. But this is in theory. In fact, it happens that some person in a criminal group takes all the blame. At the same time, they promise him that when it comes out, there will be unrealistic bonuses... And the organizer can organize other crimes