Legal encyclopedia. Letter C

PARTICIPATION IN THE CRIME

- deliberate joint participation of two or more persons in commission of an intentional crime.

Definition of the concept of S. in P. includes typical features, which include: the participation in one and the same crime of two or more persons, the compatibility of their participation in the crime, the intentional nature of the activities of accomplices.

A crime committed in complicity increases its public danger by causing more damage and the onset of more serious criminal consequences.

C. in P. characterized by objective and subjective signs.

Objective signs of S. in P.:

1. Participation of two or more persons. The direct commission of a crime by several persons is called

Co-participation. All accomplices are involved in a crime, each of them fulfills the objective side of the crime.

The subject of the crime must have a sanity and reach the age of criminal responsibility.

2. The actions of each partner complement each other and are a prerequisite for achieving a single result.

3. Joint commission of a crime. The joint activity of persons predetermines,

That each of the accomplices accomplishes certain actions, which are on the outside side interrelated and predetermined by the acts of other accomplices. At the same time, all accomplices take part in the commission of one crime.

4. Offensive for all accomplices of a single criminal result. The accomplishment of accomplices of complementary actions is aimed at achieving a common criminal result for each accomplice. Do not be regarded as complicity cases where individuals participate in one attack, but at the same time seek to achieve different results.

5. The existence of a causal link between the actions of each of the accomplices with the criminal result.

Subjective signs of S.:

1. Intentional joint criminal activity of persons. This feature in the theory of criminal law is called objectively subjective, i.e. On the inside, joint activity is covered by a single intention. Each of the accomplices is aware of the nature of the deed and wishes that one of the accomplices of them accomplishes. When carrying out the qualification of the deed, it is necessary to establish the presence of awareness of at least two persons.

If the crime is committed by several persons, but without intent, and by negligence, then it can not be regarded as committed in complicity.

2. The intent of each partner is aimed at achieving a common criminal result.

3. The awareness of each of the accomplices of the nature of their actions and the actions of the other accomplices.

In the case where, in addition to the perpetrator, the organizers, instigators and accomplices take part in the crime, it is necessary that the accomplices know about the perpetrator and the crime committed by him, and the perpetrator should be aware of each accomplice and the criminal acts committed by them.

4. The consent of each of the accomplices to the joint commission of the crime.

5. The motives and goals of the accomplices can be different, i.e. May not coincide.

Only in the presence of objective and subjective signs can we say that there is complicity in the deed.

Accomplices of the crime are the perpetrator, organizer, instigator and accomplice.

The perpetrator is a person who directly committed a crime or who directly participated in its commission jointly with other persons (co-executors), as well as the person who committed the crime by using other persons not subject to criminal responsibility due to age, insanity or other circumstances stipulated in the Criminal Code of the Russian Federation. Also, the perpetrators of the crime are those who, while forcing others who are in a state of extreme necessity, reach their goal.

The organizer is a person who organized the commission of a crime or directed its execution, and also created an organized group or a criminal community (criminal organization) or directed them.

The organizer is considered the central figure in complicity, and in many respects his activity predetermines the behavior of other accomplices, has an increased public danger.

An instigator is a person who inclines another person to commit a crime by persuasion, bribery, threats or otherwise.

The incitement in his behavior always induces another person to commit a socially dangerous act.

An accomplice is a person,

Assisted the commission of a crime with advice, instructions, information, means or tools for the commission of a crime or removal of obstacles, as well as a person who promised in advance to conceal the offender, the means or tools for the commission of a crime, traces of a crime or objects obtained by criminal means, Or sell such items.

Aiding creates favorable conditions for the commission of a crime or for its concealment.