Complicity in negligent crime: myth or reality?

Abstract

The article analyses the main doctrinal statements on joint infliction. The study of this issue allowed the authors to argue that the concept of does not coincide with the concept of joint infliction; the difference between the two is that roles allocation is possible in case of negligent complicity when the actions of some accomplices do not lead to the direct infliction of harm, but create the conditions for such and, accordingly, is in a causal and guilt connection. Negligent joint infliction characterizes the situation of joint participation in a negligent crime, i.e. it occurs in committing a negligent crime, in which the actions of each of the co-actors possess common crime components. This conclusion is based on the analysis of monographs studied on this issue. In the framework of criminal law, the reform the Federal Law of February 3, 2014 № 15-FZ, art. 263.1 of the Criminal Code was set out in the new edition (entered into force on 5 June 2014). Directions in Part 3 and 4 of Art. 2631 of the Criminal Code on the commission of the crime by a group of persons by prior conspiracy and an organized group, in the opinion of the authors, should be excluded from the Criminal Code as being contrary to Art. 32 of the Criminal Code. When designing the criminal law final social effect, which the society and state are going to achieve as a result of the directed impact on social processes, should be taken into consideration. In an effort to achieve the goal the legislator does not always pay attention to detail, take into account the fact that all the institutions of law, all the rules that form these institutions are closely connected with each other; therefore, changes to the criminal law should be made with due regard to the already functioning system. Based on the legislative definition of complicity in a crime the authors state that complicity in a negligent crime is not possible.