Развитие института соучастия: от Уголовного уложения 1903 года до первого Уголовного кодекса РСФСР. Часть вторая

Abstract

The purpose of the study. To trace the development of the institution of complicity from the Criminal Code of 1903 to the first Criminal Code of the RSFSR. Methods: the general scientific methods (analysis, observation, generalization, comparison, description) and special methods of legal science were used in the preparation of the article. Results. The legislative formalization of the institution of complicity, which was demonstrated to us by the Criminal Code of the RSFSR in 1922, was an important milestone in the development of the institution of complicity itself and the definition of its components, such as types of accomplices, forms of complicity and the responsibility of accomplices. In the Criminal Code of the RSFSR of 1922, the legislator paid due attention to execution, incitement and aiding and abetting and bypassed the disclosure of the concept of organizer, defined complicity of a special kind and made very important changes to the issues of distinguishing accomplices of a crime from persons involved in a crime. Nevertheless, many issues of complicity have not received proper legislative regulation. Discussion. The results of the study will be useful to researchers and practitioners, teachers, graduate students (adjuncts), students, as well as anyone interested in the history of criminal law and issues of complicity.