Abstract

The article presents an analysis of the norms of pre-revolutionary criminal legislation (Code of Criminal and Correctional Punishments of 1885), regulating such a form of criminal complicity as a «gang». The article shows the position of the legislator, who actually brought together the elements of crimes committed by a criminal gang (primarily property robbery) and crimes against the state in the form of an armed attack on «volost and public administrations». The conclusion is made that, taking into account the strengthening of the revolutionary movement at the turn of the 19th and 20th centuries, the increased social danger of armed criminal gangs dictated the need to separate an independent corpus delicti, which was done, but after 1917, by the Soviet legislator in the form of banditry.

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