Classification of conspiracy: forms, types, meaning for criminal legal assessment of a crime

Abstract

The article deals with the classification of conspiracy according to its and types as well as it criminal legal meaning. The author considers the main standpoints on the issues of conspiracy classification developed in the science of criminal law. The paper elicits criteria used within the doctrine and in the judicial practice for classifying conspiracy according to its forms. It also formulates the definitions of forms of conspiracy . The author researches the norms of the concept of conspiracy according to the Russian legislation and suggests his own classification according to and types of all possible participation in a crime. There are five of conspiracy as stated by the Criminal Code of the Russian Federation: 1) conspiracy with roles allocation; 2) group of persons; 3) group of persons by prior collusion; 4) organized group; 5) criminal society (criminal organization). Ten types of conspiracy enshrined in the Special part of the Criminal Code of the Russian Federation are also outlined. There are five types of organized group: 1) terrorist organization (art. 2055 Criminal Code of the Russian Federation); 2) illigal armed group (art. 208 Criminal Code of the Russian Federation); 3) gang (art. 209 Criminal Code of the Russian Federation); 4) non-profit organization offending a person and citizens rights (art. 239 Criminal Code of the Russian Federation); 5) extremist organization (art. 2822 Criminal Code of the Russian Federation). The five types of criminal society are: 1) terrorist society (art. 2054 Criminal Code of the Russian Federation); 2) structured organized group (part 1 art. 210 Criminal Code of the Russian Federation); 3) association of organized groups (part 1 art. 210 Criminal Code of the Russian Federation); 4) gathering of organizers, heads (leaders) or any other representatives of organized groups (part 1 art. 210 Criminal Code of the Russian Federation); 5) extremist association (art. 2821 Criminal Code of the Russian Federation). The author considers the norms of criminal law, related to classification of conspiracy, and judicial practice of their application. The article also researches the interpretations of courts of higher instance related to imposition of punishment in conspiracy cases. The conducted analysis covers the meaning of the author's classification for the criminal and legal assessment of a crime, including classification of crimes committed by conspiracy, and for imposition of punishment for crimes committed by conspiracy. The author suggests some changes into the Criminal Code of the Russian Federation which aim at clarifying the classification of group crimes. Some suggestions on improvement of the Supreme Court of the Russian Federation commentaries related to interpretation of norms for imposition of punishment for group crimes are made in order to provide just individualization of accomplices punishment.