Abstract

The article deals with the involvement in committing a crime through the institution of complicity. The analysis of incitement means showed that in the volume they coincide with involvement. The research of subjective content of accomplices’ activity was carried out. The difference of incitement from other cases of psychological influence on the persons with the purpose to induce them to commitment of crimes was shown. The point of view on the inadmissibility of recognition of complicity with a unilateral subjective connection is argued, since this would lead to the blurring of the boundaries between this institution and other cases of plurality of persons in a crime. The authors note that a shortcoming of the current legislation is the lack of criminal law rules allowing to assess the actions of an intermediary instigator or other cases of “disguised” assistance in the commission of a crime. It was concluded that the questions about the limits of imputation in complicity should be decided taking into account the degree of guilt of each of the accomplices.

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