The concept, forms and types of complicity in a crime
Absolutely all people from animals are distinguished by the availabilityone important thing - consciousness. It is thanks to him that everyone is able to think, and also to analyze the information received. Animals in this sense are significantly behind. After all, their behavior is regulated solely by instincts. Thus, human actions are always meaningful. Any manifestations of people's activity can be both positive and negative. With the emergence of a universal regulator of social relations, that is, rights, negative phenomena in most cases became violations. It follows that most of human activity, which goes beyond social norms, is very often condemned. It should be noted that the offenses are divided according to the degree of their danger. Therefore, ordinary antisocial acts and crimes are singled out. The latter, in turn, are realized through the commission of the most socially dangerous acts. As we understand, crimes are committed not always by one person. That is, extremely negative acts can be realized by groups of people. In criminal law, this factor has found its reflection in the form of an institution of complicity. He, in turn, wins out a sufficiently significant role in the qualification of certain crimes. In addition, there are also separate types of accomplices, forms of complicity and other features of the institution that will be presented later.
What is a crime?
Before discussing the types of complicity and otherfeatures of this legal category, it is necessary to understand what a crime is from the standpoint of criminal law. There is a large number of scientific interpretations of this concept. However, in modern criminal law of the Russian Federation this violation is understood as the most socially dangerous act committed by a specific person. In other words, the high sanctions envisaged for crimes in the relevant legislation are due to the fact that due to the implementation of such acts, significant harm is caused to one or another social relationship. Therefore, the existence of a criminal branch of law is simply necessary. After all, it is thanks to it that it is possible to legally regulate the sphere of committing crimes and to bring the perpetrators to their responsibility for their implementation. As for criminal acts in general, their danger increases at times, if they are carried out not by one person, but by a group. Therefore, so important is the question of what constitutes the concept and types of complicity, as well as other features of this category. After all, they provide an opportunity to model in more detail the legal responsibility in each case.
The concept of complicity
So, we are interested in the concept of complicity. According to the most "classical" interpretation, which is accepted by the majority of scientists, this institution implies the fact of realization of criminal intent by a group of persons. Of course, there are other definitions. For example, according to the Criminal Code of the Russian Federation, Art. 32, complicity is the participation in the commission of a crime of two or more persons united by a single intention. It should be noted that complicity is being studied to date as one of the most difficult issues in the relevant legal field. Because it also touches on a lot of other issues, for example: wine, the role of participants, the contiguity of intent, etc. In a practical environment, when qualifying such crimes, many difficulties arise. This is due to the fact that complicity is a complex construction that requires the legal characterization of several people at the same time who are united by a single intention and who have committed this or that socially dangerous act.
Development and establishment of the Institute
It should be noted that the concept, signsand types of complicity, which will be discussed in more detail later in the article, are elements of a single legal institution. He, in turn, is not a novelty in the criminal law of Russia. Complicity as a fact of the realization of criminal intent by several people was known for a long time, even in the times of Kievan Rus. In addition, the category already in those distant times was used to qualify crimes and assign responsibility. For example, in such a document as the Russian Truth contained norms that testified to the significance of complicity in a crime. According to one of them, a man who stole a horse answered with a fine. In turn, a group of persons who committed a similar crime shared in common the payment of the reimbursement amount. This is not a single example of the use of the Institute's provisions. Complicity as part of criminal law was actively practiced during the times of the Russian Empire. For example, in the period from 1754 to 1766, a new codified criminal act is being created in the said state. It already included norms that not only fixed the definition of such a phenomenon as complicity, but also painted the roles of certain participants. Thus, from this moment a turning point in the history of the development of the whole institute begins. In the punishment code, the last edition of which dates back to 1885, some forms and types of complicity have already been mentioned. In addition, in this act, the main "roles" of accomplices were consolidated: co-participation, complicity and connivance. In the days of the Soviet Union, the institute acquires the kind in which we are accustomed to see it today. Its qualitative characteristics were singled out, as well as the main types of accomplices. In addition, since 1958 in the criminal legislation appears such a figure as the "organizer". Modern acts of the relevant industry in many respects are copied in this matter by the Soviet understanding of the concept we are considering. However, the theoretical interpretation of complicity in the crime is ongoing to this day. It is necessary because for the application of the institute in practice it is necessary to have a legal basis and types of complicity, which are fixed in normative acts. Without this, the aggravating factor presented to the individuals will not be possible.
Theoretical approaches to understanding the institution
Participation in a crime, a concept whose typespresented in the article, the theoreticians of law are far from being the same. As a rule, two most popular points of view on this issue are singled out. According to the first, complicity is an accessory activity of people participating in committing crimes. That is, all but the performer perform additional functions. At the same time, the criminal liability of accomplices will depend entirely on the evaluation of the actual actions of the title performer. If he is guilty, the participants are also involved in a similar article. In case of justification of the contractor, other persons are not liable. This theory, of course, has many controversial points, but in general it is successful in terms of a more severe prosecution.
The second point of view is straightforwardthe opposite. According to her, all participants in the crime are responsible only for the actions that they directly committed. That is, the activity of the performer is not taken into account. This approach makes it possible to involve all of the accomplices of a crime, without exception, even if the implementer of his objective side can not be held accountable. These features make it possible to identify and analyze the types and signs of complicity, which certainly plays a big role in the evolution of the represented institution.
The main signs of complicity
Of course, forms and types of complicity are importantfactors that simply need to be disassembled in detail and theoretically worked through. However, the signs of this institute also play a rather large role. Thanks to them, we can talk about the existence of the institution in general, and also correctly qualify it in the process of assessing one or another characteristic situation. At the same time, the signs of complicity have been worked out over many years of the existence of the Russian criminal law theory. Thus, the following characteristic features of the institute are distinguished:
1. First of all, it should be noted that participation in a crime is possible only with the activities of persons who are subjects of a wrongful act. That is, all members of the group must be sane, and also have an appropriate age.
2. Committing a crime in conditions of complicity is always "work" for the sake of realizing one idea. That is, participants are united by one subjective side, which is aimed at achieving a certain result that suits everyone. Thus, if one of the participants leaves the field of a common intent, they will not be blamed for the rest of the group members.
3. The causal relationship and the result of the carried out act will also be welcome for all the partners without exception. At the same time, a certain causal relationship must be traced between their actions and the immediate "ending". Otherwise, it is impossible to talk about the existence of an institution of complicity in general.
4. Complicity involves awareness of criminals about each other. That is, each accomplice must directly know the other and understand that he performs any functions in the process of implementing the objective element of the crime. Otherwise, the mentioned institution simply does not exist.
5. Participation is always only an active action. It can not be expressed in any other way.
6. As shown by the criminal law practice, the institution takes place in crimes with any composition. That is, complicity is possible in formal, material, continuing, continuing criminal offenses.
Thus, these characteristics make it possible to identify forms and types of complicity. In addition, they can characterize the roles of all, without exception, implementers of criminal intent.
Forms of complicity in a crime
Types and forms of complicity in a crime isinextricably linked concepts. However, the key category in this case is precisely the forms, since they have a wider meaning. It should be noted that in the theory of criminal law right now there is still no single thought on this issue. Many scientists identify different forms of complicity, which are based on a particular criterion. First of all, it is necessary to distinguish the concept of this category. The form of participation today is one of the types of complicity, which is formed on the basis of a certain criterion, which has a subjective-objective character. It, as a rule, determines the type of communication of individual members of the criminal group. To date, there are a number of the following classifications, which are put forward by various scientists, namely:
1. Simple, complicated and special complicity.
2. Participation with the distribution of certain roles and co-participation.
3. Allocation of a separate group of persons as the main form of complicity.
The list is not complete, soas there are many points of view on the classification of forms of complicity. It should also be noted that in criminal law, the main criterion for the appearance of one form or another is the nature of the collusion that exists between individuals. On the basis of this criterion, the following types of complicity in the crime are distinguished, namely:
- a group of persons without prior collusion;
- a group of persons by prior agreement;
- An organized group;
- The criminal community;
Of course, there are many otherClassifications, which are known only in narrow scientific circles. For example, types of procedural complicity include active, passive and mixed types of institution. But for a global study, this form is not suitable, because it has not too much practical potential.
Characteristics of a group of persons by collusion and without it
The first two forms of complicity are characterized bypresence of a group of persons. But in both cases, the time of the onset of a single intent is different. For example, a group of persons without collusion is the accession of malefactors to the commission of a crime that is already committed, that is, action during direct encroachment. In this case, the subjective side is important. Intent even with this form should be the same for all participants, as this is the key feature of the institute presented in the article. As mentioned earlier, complicity, concept, forms, types of which are considered in the article, is characterized by the fulfillment of the objective side by all intruders. In the case of a group of persons without prior collusion, this feature is also fully present.
With regard to such a form as a group of persons withpreliminary collusion, then this is just the opposite type of complicity. The main feature is that the persons participating in the realization of the criminal act agree in advance on this. In this case, the form of this kind of arrangement does not matter. It can be carried out both verbally, and with the help of gestures, letters, etc. In the Criminal Law of the Russian Federation, an act is deemed to be committed by a group of persons by prior conspiracy, if two or more people participate in its implementation.
Characteristics of an organized group and criminal community
The most dangerous in nature are twothe last forms of complicity. These include criminal groups and communities. Public danger is expressed in the fact that such formations are characterized by a high degree of communication between their members. They, in turn, are able to commit crimes more "professionally" and effectively (from the negative side). An organized group is characterized by prior collusion and a stable relationship between members. At the same time, the realization of a common intent is made through the distribution of roles. In this case, the presented form should be distinguished from the criminal community. The latter type is distinguished not only by the increased connection, but also by the presence of a hierarchy. In addition, criminal communities are usually created to carry out crimes of the highest severity. It should be noted that modern criminal law condemns the very fact of creating such a formation. Responsibility for the organization of such a group is provided in Article 210 of the Criminal Code of the Russian Federation. Thus, the criminal community is the most dangerous form of manifestation of complicity, since it is characterized by the strongest type of cohesion among members. In addition to this, this kind of group is a manifestation of organized crime. The latter category is a systematized phenomenon that takes place on the territory of the whole planet. Separate states and international organizations everywhere are developing principled provisions to combat this kind of crime.
Participation in crime, types of accomplices
There are many factors, from the position of whichit is possible to consider the institution presented in the article. The types and forms of complicity in the crime in this case characterize it in the most complete way. In this case, the first category shows the completeness of the objective side of the crime. On the basis of this criterion, as a rule, the following types of complicity are distinguished:
1. Simple, when the implementation of the objective side of the crime is done without the allocation of roles. That is, all participants are co-executors.
2. Complicated - directly opposite situation. The objective side is realized by the participants of different roles.
These types of complicity in a crime cause the presence in the criminal legislation of the characteristics of persons who to some extent perform a particular criminal act. These include:
- the organizer;
- The instigator;
- an accomplice;
Legal characteristics of the organizer and performer
The concept of complicity and types of accomplices isconcepts that complement each other. At the same time, the first gives a little idea about the types of persons who can take part in the commission of a crime, as well as their activities. For example, the organizer of a criminal act may be a person who performs one of the following actions:
- directly organizes a crime;
- directs execution of a criminal offense;
- is the creator of a criminal group or community;
- leads one of the criminal groups or the community.
As a rule, the punishment of this accomplice is the most severe. Since his activities are extremely dangerous and negative.
As for the performer, it is the immediate implementer of such an element of the composition as the objective side of the crime. This person is characterized by the following set of features:
- the perpetrator directly carries out the crime (one or in tandem with other performers, who, in turn, are considered co-executors in this case);
- A person is considered to be the executor if all acts on his behalf or under pressure are performed by another, insane or young person.
In the process of implementing the crime,this is the key figure. If it does not fulfill its functions, then the socially dangerous act is not actually completed. As we see, complicity in the crime, the types of accomplices are closely interrelated. Because the general concept provides an opportunity to see the classic features of the implementation of a crime by a group of persons. But the species show a specific role and significance for the objective side of a socially dangerous act.
The instigator and accomplice
In addition to the leader and implementer of the crime,there is also a "support staff". Among these, it is possible to classify instigators and accomplices. The first partner is characterized by the fact that other people are inclined to commit a socially dangerous act. This can occur in the form of persuasions, threats, requests, orders, etc. The accomplice in this case is the person directly contributing to the commission of the crime. Such activities are manifested in the promise of concealing criminals, as well as giving advice, providing shelters, weapons, etc.
Thus, the article consideredcomplicity, types of accomplices, forms of this category, as well as its signs. It should be noted that the represented institute is of inestimable value for criminal law. After all, it directly affects the qualification of the act and the appointment of punishment, which is a manifestation of legal responsibility. Therefore, the theoretical development of complicity as a legal institution is still needed today. It will allow more efficiently imputing to individuals the actions that they have committed as part of separate groups.