A group of persons by prior conspiracy: what is it, punishments for crimes

The term “group” refers to two or more people who are united by common ideas, principles, and actions. If we are talking about such an association as a criminal group of an organized nature, then their main activity is considered to be committing crimes (illegal activities).

Accordingly, according to the Criminal Code of the Russian Federation, a community of criminals is a group of persons whose goals included deliberate association for the purpose of committing some illegal act.

There is a certain classification of the composition of a group of criminals: it consists of several subgroups or divisions. The composition is usually stable, and each member acts in agreement with the others, interacting with them.

Group of persons by prior conspiracy

There is also a certain leader, whose tasks include creating an appropriate plan for subsequent actions, as well as monitoring the group’s execution of plans, distribution of responsibilities, etc.

Crimes committed by a group of persons are dealt with in Article 35 of the Criminal Code. This document states that such a crime is understood as an act that was committed by two (or more) participants, there was no conspiracy in advance.

What is a crime that was committed as part of a group of people?

The main criterion by which one can classify a particular criminal activity is the fact - whether there was a prior agreement between the participants or there was no such agreement.

If there was an agreement between them, then it is important to determine when this happened. The thoroughness of the well-thought-out plan of the crime is considered as an aggravating circumstance, and the punishment that can be faced for it will be more serious, in contrast to cases where the crime was committed spontaneously.

It is important whether there was collusion between the group members in advance

Accordingly, the court must analyze the previous actions of the group members and the number of participants, drawing conclusions based on this. It is noted that two or more people can participate in a group.

Important ! A few words about collusion. This is a kind of measure of unity among group members who commit illegal acts. A prior agreement indicates that there was some personal connection between the offenders and the crime may be classified as more dangerous.

Another important point regarding prior conspiracy is called complicity. When different group members occupy different roles, each action and function is punished accordingly.

The court will analyze the actions of the group members, determine whether there was a conspiracy or complicity

How to prove the commission of a crime as part of a group of persons

Lawyer Antonov A.P.

When investigating a criminal case, all circumstances that are important for the correct classification of the crime and the amount of punishment are subject to study and clarification. To correctly qualify a crime, it is necessary to establish all the mandatory elements of the crime, in particular, its subject - the guilty person. However, there are cases when only a group of persons can be the subjects of a crime, and if the same act was committed by one person, the crime would be classified differently. Most often, these are qualified offenses that provide for a more severe punishment than the main ones (committing the same action by one person).

If a crime was committed by a group of persons, but this attribute is not mandatory for qualification - there is no special clause that would provide for liability for committing a crime as part of a group of persons by prior conspiracy, then the multiplicity of subjects is taken into account as an aggravating circumstance - paragraph “c” h .1 Article 63 of the Criminal Code of the Russian Federation.

If a crime is committed by a group of persons, it is assumed that several people participated in the implementation of the criminal intent. The classic definition of a group of persons is given in paragraph 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 27, 1999 No. 1 “On judicial practice in cases of murder (Article 105 of the Criminal Code of the Russian Federation)” - a murder is recognized as committed by a group of persons when two or more persons , acting together with intent to commit murder, directly participated in the process of taking the life of the victim, using violence against him. Responsibility for murder also occurs if only one directly committed the actions that led to death, and others only helped him, for example, held his face. If, in the process of committing a crime, one person was joined by another, the crime should also be qualified as committed by a group of persons. A preliminary conspiracy to murder presupposes an agreement expressed in any form between two or more persons, which took place before the commencement of actions directly aimed at taking the life of the victim.

These clarifications are also associated with other rules for qualifying a crime in which several people participated. Thus, if only one of them has reached the required age for criminal prosecution (16 years, and for some offenses - 14 years), and all the others have not, then the crime is not recognized as committed by a group of persons, since all the others are not subjects of criminal proceedings. responsibility. The situation is similar in the case when insane persons are used to commit a crime. This position is also adhered to by the Constitutional Court of the Russian Federation (Determination No. 1493-O dated July 18, 2017).

For example, in one of the criminal cases considered by the Moscow City Court, it was found that F. had previously been repeatedly convicted of committing crimes against property, using his friend M., against whom the criminal case was dropped due to his insanity, for in order to distract the attention of victims at the time of the theft. This happened this time too. While M. was talking with the victim O., F. stole a gold chain from his neck and a wallet from his pocket. However, these actions were discovered in time by O., and the perpetrators were detained.

Subsequently, it turned out that F. knew that M. was declared insane, so it was he who developed the kidnapping plan and directed M.’s actions. However, due to the fact that M. was declared insane by a forensic medical examination, his actions were not qualified as committed by a group of persons by prior conspiracy. And since the crime was not committed in complicity, he was recognized not as the organizer of the crime, but as its perpetrator (Resolution of the Moscow City Court dated July 19, 2016 No. 4u-3205/16).

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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A crime that was committed by an organized group

Article 35 of the Criminal Code understands a crime that was committed by an organized group of persons as an illegal, socially reprehensible activity that was carried out by a stable and cohesive group, whose motivation included obtaining benefits for one or more members of the group.

Accordingly, we can classify what was done in a certain way:

• serious crimes (for example, robbery, theft);
• especially serious (murder, etc.).

Article 35 of the Criminal Code of the Russian Federation

Attention ! Depending on the severity of the crime committed, the severity of the punitive measures taken is determined.

Classification

In order to qualify murder under this count, the participants must have:

• Single intent (although the motive may be different). If the motive can be additionally qualified in another part, then the sentence will be passed on the totality (murder by a group of persons plus murder based on blood feud, etc.).
• Co-performing by group members. To do this, it is not necessary to directly take the life of the victim; it is enough to actively act in accordance with this goal. If the person holding the victim at the time of murder does not personally inflict fatal injuries on him, but deprives him of the opportunity to defend himself, then he is a co-perpetrator of murder.

In an organized group Art. 33 of the Criminal Code of the Russian Federation distinguishes different roles for its members - organizer, accomplice, instigator, performer, but in the case of this crime, all actions of its participants are qualified without taking into account Article 33, since through different actions all participants contributed to the same intent to take a person’s life.

Characteristics of the criminal organization (community)

According to the legal definition, a criminal organization can be defined as a group of certain citizens who perform criminal, dangerous to society, actions for personal gain. The main feature that is inherent in such groups is a conspiracy (agreement) before committing a crime and the stability of the composition of the organization over time, as well as the constancy of their activities.

Attention ! Criminals who acted as part of an organization will be prosecuted by law, and the punishment for their activities may vary depending on what aggravating circumstances took place.

For example, preliminary conspiracy and crimes based on it are punished differently than actions taken as part of an organized group. Let's take theft as an example: for conspiracy, when committed in a group of people, you can get a five-year prison sentence, while for theft as part of a criminal organization, you can be imprisoned for ten years.

For a crime as part of a criminal organization, you can receive a more severe punishment.

The law considers a certain classification and criteria for distinguishing certain criminal groups. These include the following:

• the group had a preliminary cohesion among its members;
• this community is stable for some time.

These criteria also have their own legislative explanation, which is used to guide the sentencing when determining the degree of stability of the group. These include:

• the immutability of persons participating in society;
• mutual connections between participants;
• the activities of criminals are balanced;
• methods of committing crimes are usually stable;
• The organization has existed for a long time, and repeated crimes have been recorded.

The court takes into account the degree of stability of the group

Attention ! Based on these criteria, certain conclusions can be drawn when assigning punishment to members of the organization.

Responsibility

As mentioned above, this act is typical for Part 2 of Article 105 of the Criminal Code of the Russian Federation, namely for paragraph “g”. Responsibility, according to the provisions described in the article, is as follows:

The crime is punishable by imprisonment for a term of eight to twenty years with restriction of freedom for a term of one to two years, or life imprisonment, or the death penalty.

Not taking into account the "death penalty", as there is currently a moratorium in place, the maximum penalty is life imprisonment.

What is the difference between an organized group and a preliminary conspiracy?

According to the above-mentioned Article 35, there are 4 types of groups engaged in criminal activities:

• just a group of people;
• a group of citizens acting by prior conspiracy;
• organized group;
• criminal organization.

Accordingly, for understanding it will be necessary to explain how a group of a criminal nature will differ from a group of citizens who carried out criminal activities within the framework of a preliminary conspiracy.

There are several types of groups

Firstly, preliminary conspiracy is characterized by the fact that an understanding and agreement is formed obviously earlier - before the crime is actually committed. Collusion is not the same as an ordinary agreement. The main difference is that it is formed in advance (there is a certain period of time between the decision and the crime itself).

Secondly, we need to take into account some of the psychological characteristics of the group itself. If a group of persons is usually understood as a certain community of situational and spontaneous nature, when members made a decision on criminal activity due to prevailing circumstances (place, time, situation, etc.), often without initially having criminal intentions, out of a sense of community, then in relation to criminal groups are different.

There is no specific structure here; usually the group leader is not singled out as a separate element, and all decisions are collective in nature, depending on the situation and the emotional state of the participants. It is quite possible that the goal was not specifically the commission of a crime, but, for example, common goals, interests, and there was a need for interlocutors.

Attention ! In this situation, there may be no distribution of roles; actions are performed jointly. As a rule, there may be no plan; actions are more spontaneous.

A group of persons in a preliminary conspiracy is characterized by the fact that the agreement is usually formed in advance

Features and Qualifications

This crime in question is typical for paragraph “g” of Part 2 of Article 105 - it is “committed by a group of persons, a group of persons by prior conspiracy or an organized group.” As can be seen from the title of the paragraph, three main objects are identified: a group of persons, a preliminary conspiracy and an organized group. Now, it’s worth taking a closer look at each of them.

Group of persons

According to the resolution of the Plenum of the Supreme Court of the Russian Federation No. 1 of 01.1999, these are:

when two or more persons, acting together with intent to commit murder, directly participated in the process of taking the life of the victim, using violence against him, and it is not necessary that the injuries leading to death were caused by each of them (for example, one suppressed the resistance of the victim , deprived him of the opportunity to defend himself, and another caused him fatal injuries). Murder should also be recognized in the case when, in the process of one person committing actions aimed at intentionally causing death, another person (other persons) joined him for the same purpose.

For example, a noisy group of 4 young people were sitting at a table in a cafe (on the second floor) and behaved quite rudely, including due to the large amount of alcohol they had drunk. At the next table there were 2 more guys who didn’t like the behavior of the rude people, and they directly expressed this to their neighbors at the table. In response to this remark, one of the fairly drunk vacationers rushed with his fists at the guys who made the remark. They, without previously discussing their actions, nevertheless together delivered a series of blows with their fists to the stomach area and, taking the attacker by the scruff of the neck, threw him out of the open window. The victim fell on the concrete asphalt and broke his neck, which led to death.

What's in this example:

• two people;
• struck together;
• thrown out the window together.

All the necessary characteristic signs are present.

Preliminary conspiracy

Preliminary conspiracy, according to the above-mentioned resolution of the Plenum, consists of absolutely any form of agreement between several persons that took place before the implementation of targeted actions to take a person’s life.

Example. Let's assume the same situation, only with a slightly changed plot. Having made a remark to the rude people, the two above-mentioned young people were “sent” in direct text. Having drunk a fair amount of alcohol, the young people did not want to put up with insults and decided to kill one of the noisy company. After waiting for the company to disperse, they caught the person they had agreed upon in advance and together inflicted a series of knife blows. The victim died from his injuries.

Organized group

An organized group is a group of people who have united for the purpose of committing a murder, developing and preparing a crime plan and a weapon in advance.

Example. Three young people with previous convictions, being in a difficult financial situation, decided to take extreme measures. They chose one very wealthy businessman as their victim. Having clearly formulated their plan of action and determined the victim’s daily routine, they caught the businessman at his place of residence and took him to a pre-prepared place. There, under threat of death, they forced him to transfer a large amount of money to the specified bank accounts. Further actions were also agreed upon in advance, and two of the criminals, using knives, killed the victim.

It is also worth considering that in the second and third examples of this paragraph, the provisions of Article 33 of the Criminal Code of the Russian Federation - “Types of accomplices in a crime” may also be applied, and the actions of each person will be qualified under a certain part of the article (co-perpetrator, instigator, etc.). Accordingly, the severity of the punishment will depend on this.

A few words about criminal gangs

Such criminal groups are legally divided into two categories.

As a rule, groups are involved in particularly serious crimes.

What is the punishment for murder committed by a group of people?

The punishment for this crime is provided for in Article 105, 2 h, paragraph g, namely:

• imprisonment from 8 to 20 years with a limitation of one to two years;
• life imprisonment;
• the death penalty.

If murder is qualified on other counts, then the court considers it in the totality of these counts.

Murder by a group of people is considered a particularly serious crime due to the fact that it is easier for a group of several people to organize a crime, and then hide its traces and escape themselves.

Structure of a criminal organization

A criminal society must be organized in a certain way; it has an appropriate structure. This includes certain units that may be part of the group.

They are limited by functional and territorial criteria and must include at least two people.

One such organized link usually contains a leader and other citizens involved in complicity.

Attention ! They are united by a common goal and their own methods of performing certain functions.

Typically, criminal organizations have leaders

About the participants of the criminal organization

In order for a group to be a criminal community, at least several of its members are required, which can include:

• directly the organizer of the group;
• leading members of society;
• instigators to commit criminal acts;
• accomplices and accomplices;
• perpetrators of crimes.

The organizer of the group is usually busy developing the conditions for carrying out an action of a criminal nature. He plans, selects the necessary methods, fixes the place, time, etc.

Usually the group organizer is involved in planning the crime

Managers typically deal with the physical components of crime.

The activities of an instigator include inducing other citizens to commit crimes.

Attention ! This is often done through various persuasion, blackmail, threats or bribery.

The perpetrators bear all the responsibilities for carrying out the criminal act itself. They are brought to criminal punishment.

As for accomplices, they usually perform actions that assist in the commission of an illegal act (if they have personal knowledge of the events), as well as concealing actions, intentions and results after everything has already been committed.

Accomplices help commit crimes

What are the consequences for crimes committed by a group of people?

There is criminal prosecution and corresponding liability for acts of a criminal nature committed as part of a criminal group.

Attention ! This information can be found in the fifth part of Article 35 of the Criminal Code of the Russian Federation, which states what liability faces the creators, organizers and participants of a society of a criminal nature.

At the same time, the responsibility and punishment for the organizer of such a group is specified in a separate part of the Criminal Code.

If a certain group of people has committed a crime, then the head of such a company can be prosecuted by law only if his malicious intent is proven.

Criminal liability for crimes committed by a group of persons by prior conspiracy is usually more serious

But the performers bear full criminal liability for all actions they perform. The same applies to crimes that are preparing to be committed in the future when it comes to preparation and planning.

If you are suspected of a crime under Art. 105, part 2

The definition of a group of persons and the crime itself have many nuances, which, thanks to our experience and extensive practice, we can turn in favor of the client. In some cases, it is possible to reclassify the article to a less serious one, in others - to use mitigating circumstances for the court’s leniency. We will help you collect documents and write the necessary petitions, statements and complaints; We will think over your line of defense in order to achieve the mildest possible punishment; We will defend you in courts of any instance.

Russian criminal groups

A criminal group or community is, unfortunately, an integral episode in the life of all countries of the world. Modern Russia today hosts a large number of huge criminal groups.

All of them can be divided into the following categories.

1. Those involved in connections and supporting intergroup relations of a criminal nature.
2. Organizations working to communicate between gangsters and organized groups. The tasks of such organizations include information support for groups, work with the law enforcement system, and provision of one kind of assistance to the perpetrators.

One of the largest criminal groups is the mafia.

Attention ! You can give the most striking and well-known example of a large criminal organized group, both in the world and directly in Russia - this is the mafia. And it can include other units and groups of a criminal nature.

International criminal organizations

It also happens that criminal actions spread wider, going beyond the borders of one state - then it comes to creating a criminal group of an international nature.

In this case, we are talking about so-called transnational crime. Such groups, especially the largest ones, are considered particularly dangerous due to the presence of an extremely powerful organizational system.

There are also criminal groups of an international nature

As an example, let's look at the phenomenon of the Italian mafia. Its structure and organization is very complex. For example, we can highlight separately the most brutal group “Cosa Nostra” from Sicily. The Italian mafia is involved in drug trafficking, supports large businessmen and even has a certain influence on politics in the country.

Attention ! But the Chinese mafiosi are primarily involved in supervising prostitution; their area of ​​interest also includes gambling and drugs. These criminals are distinguished by the fact that their activities do not extend beyond the borders of China.

Of course, everyone has heard about the Japanese mafia group “Yakuza”. This is the largest criminal group in the country. Her areas of interest are the transportation of drugs to other continents, corruption, as well as illegal actions in business. They are also charged with prostitution, human trafficking and much more.

Criminal gangs may be involved in drugs, prostitution

The actions of the mafia from Colombia are also known throughout the world: they openly carry out sabotage against the government of the country, and are widely involved in drug trafficking both in their country and around the world.

Questions and answers

Question 1. If there was a charge under Article 159 (Fraud), part 4, and the participants were defined as an organized group, then can the crime be classified differently, as a group of persons by prior conspiracy?

Answer. The theft of other people's material assets when there has been forgery, deception or abuse of trust is classified as fraud. And the fourth part implies that responsibility comes for the fact that the crime was committed by an organized group.

Legislatively, such a group can only be considered citizens who were united in advance in order to commit a crime, their composition is stable, and a preliminary agreement is visible in their actions.

In fact, during the rendering of a verdict, difficulties arise - how exactly can crimes committed by a group of people be classified.

A group of persons by prior conspiracy is considered to be people who previously united to commit a crime

There is legislatively approved information that an organized group is characterized, first of all, by a stable composition, a certain structure that includes leadership and a thoughtful plan, invented in advance for the purpose of committing a criminal act. The functionality is clearly distributed during preparation.

According to the law, the following characteristics can indicate the stability of a group.

1. Stable and unchanged composition of the organization.
2. Maintain communication between all members.
3. There is consistency in the actions taken.
4. Consistency of methods of committing crimes.
5. Long period of existence and number of crimes.

The stability of the group can be indicated by its stable composition

Let's look at an example of an organized group (this is a real case from the appeal ruling of the Judicial Collegium of the Rostov Regional Court, the case took place in 2014).

In a certain group, a certain plan of action was thought out in advance, and the roles were clearly distributed. That is, M. acquired the goods and subsequently transferred it to other participants - K. and P., through the actions of D., and they already illegally distributed it. And they have been engaged in this activity for several years, in this stable composition, they did not allow outsiders to sell drugs, they maintained anonymity and evaded criminal liability.

Based on the above information and the considered example, it is possible to deduce the main differences between a group of persons in a preliminary conspiracy and an organized structure.

1. In an organized group, one permanent leader is allocated, while in a group of persons by prior conspiracy there is no such leadership, or his responsibilities lie with an indefinite circle of participants in the formation.
2. An organized group is a stable structure, its composition does not change throughout the entire period of activity, whereas if we are talking about a group of persons by prior conspiracy, the composition there may be different.
3. An organized group carries out its activities for a much longer period than a group of persons who act by prior conspiracy.

An organized group usually operates over a long period of time

Thus, when appealing the decisions of the authorities, one must rely on the facts of the difference between one group and another.

Question 2. A group of persons, by prior conspiracy, extorted money in the amount of 5 million rubles from a legal entity at gunpoint; they seized the money. What article of the Criminal Code is this?

Answer : Article 162, part 4. For a more accurate qualification, it is necessary to familiarize yourself with all the materials of the case.

Question 3. The crime was committed by a group of persons by prior conspiracy with the participation of a minor. Please clarify who will be prosecuted under Article 150 of the Criminal Code? Only the organizer (the instigator of the crime) or all the participants?

Answer : According to Art. 150 of the Criminal Code of the Russian Federation, all performers can be involved.

When a crime is committed by a group of persons, all its participants are held accountable

Question 4. My phone was stolen (by a group of people by prior conspiracy). The investigator estimated the damage at 4,300, and I do not agree with this - the check was for 11,000 rubles. Is this significant damage? How can the amount of damage affect the further course of the case?

Answer: In this situation, the amount of damage does not affect anything. The action is qualified under Part 2 of Article 158 of the Criminal Code of the Russian Federation. Significant damage is determined according to the financial situation of the victim and cannot be less than 2.5 thousand rubles.

Question 5. What can be the punishment under Article 158 , Part 2 for a preliminary conspiracy by a group of persons, if previously one of the members was prosecuted under Article 158?

Answer: Punishment for each will be assigned individually. The punishment for someone who has previously been convicted will be greater (if the conviction has not yet been expunged). As a rule, such a crime is punishable by a fine in the amount of up to 200 thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to 18 months, or by correctional labor for up to 2 years, or by forced labor for up to 5 years with restriction of freedom for a period of up to one year, or without it, or imprisonment for up to five years with an additional restriction of freedom for up to 1 year (or without it).

Punishment for each participant can be assigned individually

Question 7. I am a suspect under Article 159 part 3 (in a group of persons by prior conspiracy). I do not deny my guilt, but there is an agreement with the victim, we have settled everything between ourselves. Is it possible for him to demand the termination of criminal prosecution against me as a source of power?

Answer : According to Article 76 of the Criminal Code of the Russian Federation, a person who has committed a crime of moderate or minor gravity for the first time can be released from criminal liability if there is reconciliation between the parties and the victim, and the harm has been made up for. Accordingly, the court or investigator has the right, on the basis of a statement from the victim or his legal representative, to terminate the criminal case on the basis of reconciliation of the parties.

However, Article 159 under which you are charged (fraud using official position) is punishable by imprisonment for up to six years with a fine of up to 10 thousand rubles, which automatically does not allow it to be considered a crime of medium gravity (in which the maximum punishment provided for by this Code does not exceed five years of imprisonment). Accordingly, without reclassifying the case, it will not be possible to close the criminal case through reconciliation of the parties.

Question 6: Convicted under the article Robbery by a group of persons by prior conspiracy, received a 4-year suspended sentence. After half the term had expired, the conviction was vacated. Can I be called up for contract military service?

Answer : Yes, you can. Legally, you are no longer convicted.

If a citizen’s criminal record is cleared, he no longer has a legal conviction and can, like other citizens, get a job, service, etc.

SIGNS OF AN ORGANIZED CRIMINAL GROUP

V. BYKOV V. Bykov, Doctor of Law, Professor. An attempt has been made in the Criminal Code of the Russian Federation to formulate the concept of an organized criminal group. This is of great theoretical and practical importance, since in the norms of the Special Part of the Criminal Code, the commission of a crime by an organized group is a qualifying feature, which entails a more severe punishment. In 38 offences, this feature is indicated separately, and in another 34 offences, together with other types of criminal groups. In Art. 35 of the Criminal Code specifies four types of criminal groups: a group of persons, a group of persons by prior conspiracy, an organized group and a criminal community (criminal organization). It is important for law enforcement officials to know the signs of an organized criminal group and how this type of criminal group differs from others - a group of persons and a group of persons by prior conspiracy, for committing a crime as part of which the law establishes a lesser punishment than for committing a crime as part of an organized group. Article 35 of the Criminal Code of the Russian Federation establishes that “a crime is recognized as committed by an organized group if it is committed by a stable group of persons who have united in advance to commit one or more crimes.” Thus, the law essentially defines only two characteristics of an organized group: the first is its stability and the second is that the purpose of joining the group is to commit one or more crimes. However, these two signs of an organized group are clearly not enough to distinguish it, for example, from a group of persons by prior conspiracy, since both have a certain stability and have united for the purpose of committing crimes. In addition, in the legislative definition of the concept of an organized criminal group, there is, in our opinion, a significant contradiction - a criminal group cannot be stable if it united to commit only one crime and then disintegrated. In our opinion, in this case such a group should be considered a group of persons who committed a crime by prior conspiracy. Apparently, understanding the difficulties of practical law enforcement officials in defining an organized criminal group, the Supreme Court of the USSR, and then the Supreme Court of the Russian Federation, in the relevant decisions of the Plenums, repeatedly tried to resolve this problem. Thus, one of the first interpretations of the signs of an organized criminal group was given in Art. 8 Resolution of the Plenum of the Supreme Court of the USSR No. 12 of November 30, 1990 “On the application by courts of legislation on liability for speculation”: “An organized group ... should be understood as a stable association of two or more persons for the purpose of speculation. The stability of such a group can be evidenced, in particular, by the preliminary planning of criminal actions, the preparation of means of implementing the criminal plan, the selection and recruitment of accomplices, including trade workers, the distribution of roles between them, the provision of measures to conceal crimes, subordination to group discipline and the instructions of the organizer of the crime. groups." Some of the indicated signs of an organized group (preparation for committing crimes, distribution of roles, subordination of group members to discipline and instructions of the organizer) can indeed be attributed to the signs of an organized criminal group. As for the selection and recruitment of accomplices, this cannot be a sign of an organized criminal group, since its composition has stabilized and the entry of new members into it, as well as exit from the group, is significantly difficult. For comparison, let’s say that the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5 of April 25, 1995 “On some issues of the application by courts of legislation on liability for crimes against property” gives a slightly different concept of an organized group and its characteristics: “An organized group should be understood as a stable a group of two or more persons united by intent to commit one or more crimes. Such a group is characterized, as a rule, by a high level of organization, planning and careful preparation of the crime, and distribution of roles between accomplices.” Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1 of January 17, 1997 “On the practice of application by courts of legislation on liability for banditry” also makes an attempt to formulate the characteristics of an organized criminal group. Considering a gang as an organized, stable armed group of two or more individuals who have united in advance to carry out attacks on citizens or organizations, the Resolution indicates that “the stability of a gang can be evidenced, in particular, by such signs as the stability of its composition, the close relationship between its members , the consistency of their actions, the constancy of the forms and methods of criminal activity, the duration of its existence and the number of crimes committed.” In our opinion, this Resolution also contains a number of controversial provisions regarding the characteristics of an organized criminal group. Thus, if one can agree with the indication of such a feature as the stability of the composition of a criminal group, then one cannot agree with the feature “constancy of forms and methods of criminal activity.” The fact is that it is an organized criminal group that turns out to be capable of using complex methods of committing crimes, of constantly changing and improving them. Therefore, there is no need to talk about the constancy of forms and methods of criminal activity. The Resolution in question indicates the duration of existence of a criminal group and the number of crimes committed as signs of stability, or it would be more correct to say organization. One should agree with this sign. At the same time, we note that this provision of the Resolution contradicts the norm of the criminal law formulated in paragraph 3 of Art. 35 of the Criminal Code of the Russian Federation, which states that an organized group can be created to commit one crime. The position of the Plenum of the Supreme Court of the Russian Federation on this issue once again confirms our proposal to exclude from paragraph 3 of Art. 35 of the Criminal Code of the Russian Federation indicates that a group that has united to commit one crime can be recognized as an organized group. Assessing the considered three Resolutions of the Plenums of the Supreme Courts of the USSR and the Russian Federation on the characteristics of an organized criminal group, one should come to the conclusion that they do not formulate a complete definition of the characteristics of an organized criminal group. It seems that the organized criminal group specified in paragraph 3 of Art. 35 of the Criminal Code of the Russian Federation, are characterized by the following features. Sustainability. This means, first of all, stability, constancy of the composition of the criminal group. The entry of new members into it is difficult due to the danger of failure of the entire group. At the same time, the criminal group has a sharply negative attitude towards the departure of any member from the group, seeing this as apostasy and betrayal of its interests. Constantly committing crimes is the goal of uniting the group. This is the second sign of an organized criminal group specified in the criminal law. The purpose of creating a group is to constantly commit crimes, constant criminal activity for profit. This leads the organized group to increase both the geography of the crimes committed and their number and intensity. There is a transition to committing increasingly serious and dangerous crimes, bringing more and more income to the group. Formation of the psychological structure of the group, promotion of a leader. Unlike such types of criminal groups as a group of persons and a group of persons by prior conspiracy, in an organized criminal group its psychological structure has already been formed and clearly expressed: the group is headed by a leader - its organizer and leader. He is joined by the most active members of the group (“authorities”), followed by ordinary members of the criminal group (“militants”, “bulls”, “soldiers”, etc.). In an organized criminal group, there may be a so-called “oppositionist” who fights for promotion to leadership, competes with the existing leader due to disagreement with the goals or methods of the group. The presence of a leader in a group who brings organization and purposefulness to criminal activity is one of the important signs of an organized group. It is the presence of a leader in the group that distinguishes an organized group from other types of criminal groups - a group of persons and a group of persons by prior conspiracy, since in them the leader has not yet emerged. Therefore, when assessing a criminal group as an organized one, practitioners must take measures to identify the leader. Distribution of roles when committing crimes. In an organized criminal group, some of its members participate in the preparation of a crime - for example, they conduct reconnaissance of an object, study its operating mode, develop methods for committing and concealing a crime; others directly commit a crime; still others provide storage, transportation and sale of stolen goods. Everyone knows their responsibilities, so the group acts in a coherent and organized manner. Preparation to commit a crime. An organized group, as a rule, carefully prepares the commission of a crime: it studies the object, the lifestyle of the victims, conducts reconnaissance of the location of the main valuables and studies the system of their protection, ensures quick escape from the crime scene, prepares places for storing the stolen property, etc. Using complex methods to commit crimes. Having a developed functional structure, an organized group can use complex methods of committing group and organized crimes associated with their lengthy preparation, the use of technical, transport and communication means, various tricks and tricks when committing and concealing crimes. Strict discipline. An organized criminal group is characterized by strict discipline of its members and unconditional submission to the leader. It is often supported in the most ruthless ways. Replacement of personal relationships with business ones based on joint commission of crimes. If in other types of criminal groups relations between group members are often built on the basis of personal sympathy and choice, then in an organized group personal relations are replaced by purely business ones, based on the joint commission of crimes. A unified value orientation is developed. Its members are mutually dependent, subject to general principles and norms of behavior. The group itself determines for all its members “what is good and what is bad.” Developing a common value orientation allows the group to act coherently and effectively during the commission of a crime, in conditions of risk. Distribution of criminal proceeds. If in a group of persons and a group of persons by prior conspiracy, criminal income is usually divided democratically and in equal shares, then in an organized group income is divided in accordance with the position of each member in the hierarchy of the group, in its structure: the leader takes most of the income, active members of the group receive more than ordinary members. Creation of a special monetary fund. In some organized criminal groups there is a special fund - a “common fund”, which is controlled by the leader. Money from the fund can be used to bribe officials, including law enforcement officials. From the same fund, financial assistance is provided to group members serving sentences, as well as members of their families. When assessing a criminal group as organized in practice, some difficulties may arise. The fact is that a criminal group is a living social organism that is constantly developing according to its inherent laws. Development proceeds from simple criminal groups - a group of individuals and a group of individuals by prior conspiracy - to more complex ones - an organized group and a criminal community (criminal organization). In their development, some criminal groups will be intermediate, transitional. In them one can find signs of both, for example, a group of persons in a preliminary conspiracy, and signs of an organized group. In specific criminal cases, criminal groups can be identified that have only some of the characteristics of an organized group. How should law enforcement officials evaluate such groups? It seems that in these cases one should first of all take into account the characteristics of an organized group specified in the law, and then most of the listed characteristics. Even if some of the signs of an organized criminal group are not established in a specific criminal case, this does not mean that such a group cannot be considered organized. For example, in individual groups there may be no common money fund or criminal proceeds are divided in equal shares, but this cannot serve as a basis for refusing to recognize the group as organized. Provided, of course, that the remaining characteristics of an organized group, especially those specified in the law, are established. LINKS TO LEGAL ACTS

“CRIMINAL CODE OF THE RUSSIAN FEDERATION” dated June 13, 1996 N 63-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on May 24, 1996) DECISION of the Plenum of the Supreme Court of the Russian Federation dated April 25, 1995 N 5 “ON SOME ISSUES OF APPLICATION OF LIABILITY LEGISLATION BY COURTS FOR CRIMES AGAINST PROPERTY" Plenum Resolution Supreme Court of the Russian Federation dated January 17, 1997 N 1 “ON THE PRACTICE OF APPLICATION OF LEGISLATION ON RESPONSIBILITY FOR BANDITISM BY COURTS” Legality, N 9, 1998

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