More than 30% of crimes committed in the Russian Federation have signs of group criminal acts. This can range from complicity in the form of simple complicity in concealing a crime, up to complicity in the creation of a criminal group. It should be noted that in legal practice there are quite frequent cases when citizens serve sentences for the crimes of others, unable to prove their innocence. A good criminal lawyer will help you understand such situations and defend the interests of your client.
Types of complicity
The current Criminal Code of the Russian Federation states that a person who knowingly took part in the commission of a criminal act or violated the law during its commission is recognized as an accomplice. If it is proven that a citizen acted intentionally and was involved in a crime in one form or another, he will be held accountable as an accomplice along with other citizens who participated in it.
In current legislation, participants and accomplices are usually divided into categories:
- The perpetrator is a citizen who has committed a criminal act, as a rule, without anyone’s assistance or assistance, whose guilt has been fully proven by law enforcement agencies and confirmed by the court.
- Co-perpetrators are citizens who have equal responsibility for the criminal act committed. For example, two citizens deliberately organized a criminal group to commit robbery or murder.
- An organizer is a person who has formed an organized crime group from a large number of citizens. For the organizer, a more severe punishment is usually provided due to the fact that he authoritarianly suppresses the remaining members of the organized crime group and is the ideological inspirer.
- An instigator is a citizen who is being prosecuted in accordance with the Criminal Code of the Russian Federation for inciting another person or group of persons to commit bodily violence or murder. For example, an instigator uses threats to force someone to commit a criminal act. According to Article 34 of the Russian Criminal Code, responsibility for such an act occurs even when the crime is not completed for some reason.
- An accomplice is a citizen who assists another person or an organized crime group in committing a criminal act. Even advice or disclosure of professional secrets can be considered assistance. For example, the collector informed a third party about the time of collection, who, after receiving it, committed an armed robbery, or the owner of a thrift store resells stolen items instead of contacting law enforcement agencies.
The guilt of each of the persons who committed a criminal act is determined by the degree of participation of each of them. One of the factors determining the degree of guilt is the testimony of each participant in the criminal act. It often happens that the organizer is one of the co-principals in court proceedings, while a simple accomplice is presented as almost the leader of a criminal group. The practice of shifting responsibility to a simple accomplice is quite common, since it allows the leader to avoid the maximum punishment. This scenario can be avoided by the lack of evidence or a plea bargain. The participation of a lawyer in a criminal case will help to avoid such consequences for the client.
Determining the degree of responsibility largely depends on witnesses or citizens detained as accomplices. Regardless of whether a citizen gave advice or disclosed professional secrets, intentionally or out of ignorance, criminal prosecution may be initiated against him because the accusation was formulated incorrectly.
To prevent this from happening during and after detention, which often ends with the signing of an act of recognition, one should exercise the right established by Article 52 of the Constitution, that is, not to testify against oneself and one’s relatives. In addition, the participation of a lawyer in a criminal case will help you choose the right course of action and avoid possible negative consequences.
Criminal liability for complicity
A crime is an illegal act that poses a threat to society and its members. The punishment for fraudsters will depend on the amount of damage. If accomplices were present in the case, they will receive a lesser punishment. This is explained by the nature of their participation in the illegal act.
The court imposes criminal penalties on those involved. If for the organizers and perpetrators of secret theft this is a real sentence, then accomplices are often limited to a fine or a suspended sentence. At the same time, practice does not know of cases where physical or intellectual accomplices avoided criminal punishment.
In the case of a verdict being passed under Part 3 of Art. 30 of the Criminal Code of the Russian Federation “Preparation for a crime and attempted crime”, accomplices will face no more than ¾ of the actual punishment for committing such an act.
Sometimes accomplices refuse further participation in the criminal plan or do not join the case at all. Then they can be released from criminal liability under Art. 31 of the Criminal Code of the Russian Federation. But this can only happen if the accomplice tried in every possible way to deviate from the illegal intention (for example, he left for another city or reported his intention to secretly steal to the police in advance).
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Dmitry Leonov
Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.
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Signs of participation and complicity
Crimes committed by a criminal group, as a rule, are investigated especially carefully and the responsibility for such criminal acts is assigned significantly more serious, since crimes in this category are considered especially dangerous to society. This attitude is determined by the fact that a group of several citizens participates in a criminal act and the damage is much greater than when the criminal acts alone.
There are a huge number of theoretical studies devoted to planning and complicity in criminal acts. In order not to get confused during the investigation, it is necessary to take into account both objective signs of a crime and subjective ones. Objective signs are acts in which:
- Illegal acts are committed only by a large number of persons, for example, a rally or rebellion (Article 279, Article 212 of the Criminal Code of Russia).
- The crime is planned jointly; for example, a situation cannot be ruled out when two criminals can rob a warehouse at the same time. In this case, liability can be of two types: under Article 158, when each criminal robbed, regardless of the other; under Article 35, when the robbery is carried out by two or more persons acting in concert.
- A common goal and result for two or more criminals, for example, an organized criminal group planned and set out to rob a store with the goal of selling the loot and dividing the proceeds between the participants in the robbery.
The signs of acts in which:
- The participants in a particular criminal act know each other. For example, the collector let a friend know where and when the collection would take place. His friend, using the information, carried out the robbery with his friends.
- There is no commonality of the final result, that is, when participants have different motives for committing a crime. For example, a businessman ordered a criminal to kill a competitor, and the killer, having agreed to fulfill the order, wants to rob his competitor after completing the order.
A person who does not even have the intent and desire to help commit a crime can become an accomplice. For example, when a security guard got scared and, instead of preventing a robbery, simply hid. In such a situation, his inaction can be considered complicity because, not wanting to receive bodily harm, he deliberately did not intervene.
A similar situation often occurs in terms of the performance of official duties by the director, his deputy or the chief accountant. Deceiving your employees, concealing profits, and evading tax payments can fall into the category of illegal acts such as complicity and aiding and lead to criminal prosecution.
Despite the fact that “ignorance is no excuse”, ignorance that a criminal act is being committed and the absence of deliberate intent can become a factor that exempts from liability. The participation of a lawyer in a criminal case will help to understand each specific situation and resolve the case in favor of the client.
What is considered assistance in committing a crime?
The Criminal Code provides an exhaustive definition of aiding and abetting a crime. It includes supporter functions such as:
- providing information, advice and guidance;
- provision of instruments of crime or means of committing it;
- removing obstacles to illegal actions;
- pre-promised concealment of the criminal himself or the means and instruments he used;
- pre-agreed acquisition or sale of things obtained as a result of a crime.
Thus, the accomplice is not directly involved in the crime itself. He assists in preparation for execution, or assists in concealing the results and the performer himself. Moreover, not all assistance, but only that which was promised in advance, is recognized as complicity and is criminally punishable. Responsibility for those who help cover up the traces of a crime, hide the perpetrator, or acquire illegally obtained property without a prior agreement occurs only when committing strictly defined crimes, for example, murder. In this case, we are not talking about complicity in a criminal offense, but about involvement in it.
Forms of participation
The form of participation is a factor that determines the similarity of motives of all participants in a criminal act and the likelihood that one of them can be considered innocent. The correctness of identifying the form of participation determines the degree of responsibility of each participant. The participation of a lawyer in a criminal case will help to authoritatively prove the form of participation of a person in a specific criminal act. Today, current legislation establishes the following forms:
- when intentional conspiracy is proven, complicity is qualified as simple, that is, the accomplices had a common motive and agreement to commit a single criminal act;
- when a deliberate distribution of roles between participants is proven; such a criminal act is qualified as complicity, and the participants as co-culprits;
- when the existence of a criminal group or organized crime group is proven, the criminal act is qualified as a complex chain of accomplices.
To understand this classification, you should become familiar with the most common situations. A participant’s understanding of the level of his involvement in a criminal act will help him choose the right course of action even before a lawyer appears to defend his interests. It is the proven form of participation that largely determines the severity of the punishment.
A criminal act committed without deliberate conspiracy by a group of citizens allows us to believe that other participants or a participant joined already during the commission of the crime or after. For example, one of the spouses commits a crime, and the other begins to assist, thereby breaking the law (giving false testimony, hiding traces or evidence). However, if a professional lawyer, having understood the situation, can prove that the joining spouse acted out of fear or was out of his mind, then punishment may be avoided.
A crime committed by an organized criminal group by prior agreement means that the participants in the criminal act agreed in advance to commit it and assigned roles to each of the participants. In the current Criminal Code, this form of participation presupposes more stringent prosecution and in such cases it is more difficult for lawyers to defend the interests of the client, even when he participated in a criminal act under pressure from the organizer of an organized crime group. However, if the lawyer can prove that his client was incited by the organizer or one of the members of the criminal group, liability can be avoided.
In such cases, the final judicial decision will be determined by the testimony of the participants in the criminal act. However, quite often there are cases when the organizer of a crime manages to present himself as a victim of incitement. The participation of a lawyer in a criminal case will help the client avoid a situation where someone else’s guilt and responsibility is placed on him; the lawyer will be able to take care of collecting additional evidence and testimony confirming this.
Excess
In criminal law there is such a thing as excess. The definition defines the commission of a crime by the perpetrator that does not pursue the interests of the entire group. Therefore, when sentencing, the person’s actions are assessed separately, and other participants in the organized crime group are not punished for their actions. For example, when organizing theft and robbery, one of the participants had the intent to commit murder. Art. 105 of the Criminal Code of the Russian Federation (murder) will be charged only to one accused, the rest will be punished for committing theft and robbery.
The most common and complex forms of complicity
The most forms of complicity are observed in the commission of professional and economic criminal acts. For example, an accountant, under pain of dismissal, engages in double bookkeeping, that is, he is an accomplice in committing criminal acts.
In the legal norms of the current legislation, an accomplice is a person:
- knowing about an impending or already committed crime, but not reporting it to the competent authorities, that is, by his inaction the person contributed to the commission of a criminal act;
- agreed to hide the criminal;
- obtaining the necessary information and objects, without which the criminal or criminals would not be able to commit illegal acts.
In modern conditions, complicity belongs to the category of complex forms of participation. Such qualification is possible because it is possible to be held accountable both for actions of a certain nature and for inaction. However, in cases where complicity is an isolated illegal act and no other person is observed, it becomes possible to avoid criminal prosecution. Assisting as a crime is quite difficult to prove, since it is necessary to prove that this person knew in advance about the possible crime. If the investigation manages to prove the existence of intent, then according to Article 33 of the Criminal Code of Russia, punishment will be inevitable.
Partners in crime
A crime committed by a group of persons differs from unlawful acts of an individual nature. Complicity is characterized by the commission of an act by two or more persons.
Accomplices to the crime are called:
- performers;
- organizers;
- instigators;
- accomplice
Thus, we can conclude that accomplices in a crime always have intent and a common goal, which is achieved through joint actions.
Important! Only a sane individual who has reached the age of 14 years (for some types of crimes) can be a participant or accomplice to a crime. The general age of criminal responsibility is sixteen years. Legal entities are not held criminally liable.
Procedure for the actions of a person who turns out to be an accomplice or accomplice
Taking into account the strict norms of the current Criminal Code of the Russian Federation, in some situations it is enough to simply find yourself in the role of an accomplice or accomplice to a criminal act, but the opposite must be proven based on your own capabilities. Anyone detained for complicity should know that, in accordance with the current norms of the Constitution of the Russian Federation, he has the right not to testify to the detriment of himself and his loved ones.
Refusal to testify without the presence of your lawyer is the most correct course of action, and in his presence, it is the professionalism and qualities of a criminal lawyer that will become the main factors in effectively protecting the interests of the client.
Liability for aiding and abetting is quite extensive and is determined by the severity of the unlawful act. Thus, complicity in committing petty theft involves a significantly less severe punishment than liability for complicity in committing a terrorist attack. According to the law, liability for complicity can be expressed in:
- imposing a fine;
- forced to perform public works;
- assigning a suspended sentence;
- restriction of freedom.
For aiding and abetting in various types of crimes, according to the norms of the current Criminal Code, the court may impose the following liability.
- Aiding and complicity in terrorist attacks - isolation from society for up to 15 years, but if official position was used - up to 20 years. If you report an impending terrorist attack in a timely manner, punishment can be avoided.
- Aiding and complicity in extremism - isolation from society for up to 3 years or a fine of up to 300 thousand rubles. If unintentionality is proven, then punishment can be avoided.
- Fraud – isolation from society for up to 10 years (Article 159 of the Criminal Code). If a criminal act is reported to the competent authorities in a timely manner, punishment can be avoided.
- Complicity in giving or receiving a bribe in the amount of more than 25 thousand rubles. – isolation from society for up to 10 years.
- Aiding or complicity in the sale and storage of narcotic substances – a fine of up to 500 thousand rubles.
- Aiding or complicity in murder is isolation from society for up to 20 years, while the perpetrator can receive a sentence of 5 years. The severity of the punishment is greatly influenced by the motive and degree of complicity of the accomplice.
The main thing that a suspect should not forget about is that he should absolutely not testify against himself. After all, if such testimony is given and the suspect retracts his words at trial, this circumstance will still be taken into account when making a court decision. In the absence of complicity or complicity, the most correct thing to do is to tell the truth.
It is of great importance what kind of testimony the perpetrator of the crime or its organizer will give. Family and friendly relations do not play any role in such situations. Everyone is trying to relieve themselves of responsibility by shifting it onto someone else. Attempts to arrange lynching or reason with the suspect only worsen the situation. It is necessary to defend your innocence exclusively by legal means, and the best solution would be the participation of a lawyer in a criminal case, professionally defending the interests of his client during the investigation.
Accomplice
An accomplice is a kind of specialist who acts intentionally. Aiding is the activity of an accomplice. Persons involved in complicity have information in a certain area and provide it to criminals to commit acts. Thus, a person who:
- advised on how best to commit a crime;
- pointed out the facts, provided the necessary information;
- prepared or acquired tools;
- hid the guilty person, the objects of the crimes;
- destroyed traces of illegal acts;
- acquired or sold illegal substances and objects of crime.
The status of an accomplice is assigned to a person only if there is evidence indicating the citizen’s intent.
Complicity is the actions of an accomplice aimed at ensuring the commission of a crime through organizational actions.
Accomplice and other accomplices of a criminal act
The Criminal Code contains Article 159, on the basis of which liability for fraud is assigned. Meanwhile, we must not forget that it is most often committed by a group of persons (two or more people), who, although they do not commit the illegal act with their own hands, contribute to its implementation. They are called accomplices, thus, in perpetrating any scam there are:
- organizer;
- executor;
- instigator (one who persuaded others to act in violation of the law);
- accomplice.
When assigning liability, the share of participation of each accomplice in the crime, as well as the scale of the scam and the amount of damage caused by the criminal acts, must be taken into account. A separate issue is the accomplice of fraud and the possibility of applying sanctions specifically to him, since there is an opinion that this person is the least involved in the criminal act.
Art. 159 of the Criminal Code of the Russian Federation “Fraud”
Such a crime as fraudulent actions has its own article in the Criminal Code of the Russian Federation under number 159. It is quite extensive, it has 7 parts, each of which considers a separate type of this crime.
Part one. Considers standard fraud, namely obtaining money through deception and abuse of trust. The punishment will be:
- Up to 120,000 rubles fine;
- Up to 360 hours of mandatory work;
- Up to 1 year of correctional labor;
- Up to 2 years of imprisonment.
The second part examines fraud committed by two or more citizens in conspiracy or causing significant damage. The punishment will be:
- Up to 300,000 rubles fine;
- Up to 480 hours of mandatory work;
- Up to 2 years of correctional labor;
- Up to 5 years of imprisonment.
Part three examines crimes committed with the help of the official position of the perpetrator or causing large-scale damage. Possible types of punishment:
- Up to 500,000 rubles fine;
- Up to 5 years of forced labor;
- Up to 6 years in prison.
Part four examines fraud that was carried out by an organized criminal group, or fraud on a particularly large scale. The punishment for such an offense will be:
- Up to 1,000,000 rubles fine;
- Up to 10 years in prison.
Part five examines the violation of the terms of the contract by one of the parties for the purpose of fraud and gain. The punishment for such a crime is:
- Up to 300,000 rubles fine;
- Up to 400 hours of compulsory work;
- Up to 2 years of correctional labor;
- Up to 5 years of imprisonment.
The sixth part of this article considers the same crime as the fifth part, but which entailed damage on a large scale. Punishments may include:
- Up to 500,000 rubles fine;
- Up to 5 years of correctional labor;
- Up to 6 years in prison.
Part seven considers an offense similar to that described in part five, but entailing particularly large damage. Punishment may include:
- Up to 1,000,000 rubles fine;
- Up to 10 years in prison.
What is aiding and abetting fraud?
First of all, it is worth drawing a clear line and separating fraud itself from complicity in fraud. This is quite difficult to do due to the fact that fraud in itself is a very complex crime, which requires not only a certain creative approach, but sometimes also the involvement of a huge number of participants, each of whom is ready to play their role. In this regard, in one fraud scheme, third parties may serve as perpetrators, and in another, the same attackers may act as accomplices and accomplices.
In this regard, only those people who are related to the crime, but who are not involved in the crime itself, can be called accomplices in carrying out fraudulent actions. In simple terms, accomplices are those who do not participate in deceiving the victim, but help the process itself and have some benefit from this deception.
What the Criminal Code of the Russian Federation says about aiding and abetting fraud
This question is quite complicated, since the Criminal Code of the Russian Federation does not have a specific article describing this violation. Therefore, in addition to Article 159 of the Criminal Code of the Russian Federation described above, it will also be necessary to consider articles numbered , , and . These articles do not describe criminal offenses, as they contain only basic definitions, legal provisions and regulations. Let's look at them in more detail.
Article 33 of the Criminal Code of the Russian Federation determines who is who in fraud. According to this article, the following persons are accomplices to the crime, in addition to the perpetrator:
- Organizer. He is considered to be the person who came up with the fraud scheme and directed the illegal actions;
- Instigator. An instigator can be recognized as a person who persuaded other participants in a crime to commit illegal actions;
- Accomplice. They are recognized as a person who, through his actions, contributed to the commission of a crime: provided the necessary information, covered up the crime, provided means for carrying out illegal actions, etc.
Article 34 of the Criminal Code of the Russian Federation may seem complex and confusing, but in fact everything about it is simple. It indicates in five definitions when a person can be considered an accomplice and what article will be applied to him. To put it briefly and simply, Article 34 of the Criminal Code of the Russian Federation indicates when a person will be recognized as an accomplice and when he can avoid punishment. Particularly noteworthy is the fifth part of Article 34 of the Criminal Code of the Russian Federation, which deals with uncommitted crimes. According to its text, if a crime was prepared, but not carried out, then all participants in the preparation are recognized as accomplices in the attempted crime.
