УГОЛОВНО-ПРАВОВОЕ ИЗУЧЕНИЕ ПОПУСТИТЕЛЬСТВА В ПРЕСТУПЛЕНИИ, КАК ПРИЗНАКА, ХАРАКТЕРИЗУЮЩЕГО СТЕЧЕНИЕ НЕСКОЛЬКИХ ЛИЦ В ОДНОМ ПРЕСТУПЛЕНИИ

Abstract

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.