CREATING OF CRIMINAL-LEGAL PRESCRIPTIONS OF PARTICIPATING IN CRIMINAL CODE OF 1845 AND 1903

Abstract

The paper is devoted to the consideration of the criminal legal regulations of the institution of criminal complicity, which are in the Criminal Code of 1845 and 1903. The author has conducted a comparative analysis of the legal provisions on criminal complicity and revealed some peculiarities of the legislative technique of constructing normative prescriptions on the criminal complicity in the legislation of the classical school of criminal law. The author also notes that the technique of constructing an institution of criminal complicity in the criminal legislation of the ХIХ-beginning of the XX century has long history and features of the development. The author notes that, unlike the Decree on punishments of criminal and executive 1845, in which there is no definition of complicity, the Criminal Code of 1903 contains a norm in which the signs of complicity in a crime are indicated. In the Decree of 1845 the legislator singled out two forms of complicity: complicity with prior consent and complicity without prior consent. Legislation on the forms of complicity in the Code of 1903 has been improved through the consolidation in the law of two more forms: participation in the community and complicity in the gang. At the same time, the normative text of the Code of 1845 is extremely difficult to formulate because there is no clarity, compactness. Besides there are repetitions and contradictions in the norms of complicity. In the Code of 1903, the author recognizes the norm, which regulates responsibility of the accomplices of the crime, as well as a regulation of the legal consequences on voluntary refusal of criminal complicity, to be effective. The author concludes that the Regulations of 1845 and 1903 are more effective in comparison with the previous criminal laws.