Институт соучастия в российском уголовном праве на современном этапе

Abstract

The topic of complicity in a crime is considered, the relevance of which is beyond doubt and is confirmed by the statistical data provided, as well as the given coverage of controversial issues related to the stated topic. The object of the study is social relations related to the identification and establishment of responsibility for the intentional joint participation of two or more persons in the commission of a criminal act. The subject of the study was doctrinal approaches to complicity and its forms, the norms of domestic criminal legislation regulating liability for the intentional joint participation of two or more persons in the commission of a crime, as well as the practice of law enforcement of these norms. The purpose of the study involves a comprehensive study of the institution of complicity in a crime in Russian criminal law. The types (perpetrator, organizer, instigator and accomplice) and forms (group of persons without prior agreement, group of persons with prior agreement, organized group, criminal community) of complicity are analyzed. In conclusion, it is noted that the legal nature of complicity is based on the recognition in the doctrine of criminal law of two groups of characteristics – objective and subjective, which are important for determining the quantitative composition of criminals, their intent to commit a crime, and the connection between them.