Differentiation of Еxecution and Сomplicity in the Сommission of a Сrime

Abstract

Problem Statement. The qualification of complicity in a crime is many times complicated by the solution of complex problems associated with the differentiation of the actions of the perpetrator and the accomplice in the crime. Judicial practice demonstrates in this part examples of «overstated» and «understated» qualifications, which naturally reflects not only the objective difficulties of law enforcement, but also the absence of an agreed doctrinal position on the relationship between the actions of the executor and the accomplice. Aims and Objectives of the Research. The article is devoted to finding an answer to the question of the most effective theoretical approaches to the distinction between execution and complicity in a crime, as well as general criteria for such a distinction. Methods. The method of formal-logical interpretation of the criminal law was used in the work; comparative legal analysis; documentary analysis and generalization of judicial practice; content analysis of scientific sources on the research topic. Results, Brief Conclusions. The scientifically established approach, according to which the distinction between performing and abetting actions is investigated primarily as a problem of the general theory of complicity, is based on the use of the construction of the general composition of complicity in a crime and the general composition of certain types of complicity. However, the construction of the general composition is not methodologically intended to solve the qualifying problem of differentiating the actions of accomplices. Therefore, the relevant issue should become the subject of analysis of the Special Part of Criminal Law and be resolved differentially in relation to each separate corpus delicti. The General part of criminal law can offer only the most general approach to the delimitation of execution from complicity, according to which the actions of an accomplice are always located outside the objective side of the execution of the crime.