An instigator is a person who has persuaded another person to commit unlawful acts through bribery, persuasion, threatening, or other means. The legislation provides for liability for incitement to the Criminal Code (Article 33, part 4).
The essence of incitement
Incitement is a deliberate effect on the will and consciousness of the performer, the purpose of which is to induce a person to commit a criminal offense. The peculiarity of this behavior is that it does not paralyze the will of the citizen. The Contractor has the right at any time to change his behavior to lawful.
The offender does not mislead the person, but causes a determination to make a conscious decision to commit a crime. Incitement can be expressed in words, gestures, written signs. A message to a potential criminal can be veiled or open, but it must be specific (that is, aimed at committing a specific offense).
The list of options for incitement to illegal actions
Types of incitement are:
- Persuasion - a long-term impact on the psyche of a person, as a result of which a person has an intention to implement a criminal plan
- bribery - the presentation of remuneration of a material type (or a promise of payment in the future);
- threats - an oral or written promise to use violence against an accomplice or his relatives in case of refusal to commit a crime.
Other types are promises, the use of the dependence of the performer on the instigator, fraud, etc.
Accomplice
An important subject of incitement is an accomplice. According to the norms of the Criminal Code, it is a person who contributed to the commission of a criminal offense by instructions, advice, presentation of means, information, tools for the execution of criminal intent.
People who promised to hide the tools or means of committing a criminal offense, as well as the criminal himself, or citizens who assist in the sale of stolen items can also be considered accomplices.
Assistant - an entity contributing to the commission or preparation of a criminal offense, not directly participating in it. Aiding is carried out before the start of the criminal actions of the citizen or at the same time, but until the end of the offense.
If the contractor was provided with minor assistance or small services, or he did not use them, this is not recognized as aiding.
Types of aiding
As a form of incitement, it is the provision of physical or intellectual assistance. Physical aiding is expressed in the provision of means and tools for committing unlawful acts or removing obstacles for criminals.
Intellectual aiding is advice, information, guidance on an object of abuse, etc.
The actions of accomplices are qualified depending on what the results of the perpetrator of the crime are. The subjective side of the act is intent. All participants in the offense are liable under one article of the Criminal Code.
According to the norms of the first part of Article 34, the accomplices are responsible for the offense within the framework of their fault (taking into account the nature and degree of participation in the implementation of the criminal intent).
Legal qualification of actions of partners
Responsibility for incitement under the Criminal Code of the Russian Federation and other types of complicity in the commission of a crime depends on the form in which it was expressed and what the role of a particular subject is.
Contractors and co-contractors are responsible for the main article of the Code without additional references to article 33 of the Criminal Code. The remaining members of the criminal group are liable for the same articles of the Special Part, but with reference to the indicated norm.
If the accomplice, instigator or organizer were at the same time the perpetrators of the offense, their actions are also subject to qualification, only under the main article of the second part of the Code.
Members of an organization of a criminal nature involved in preparing or committing a criminal offense of a grave or especially grave type are liable under Article 210 of the Code and under additional articles for relevant actions (abduction, murder, terrorism, etc.).
If the performer does not voluntarily complete the commission of an offense of a criminal nature, the accomplices will respond depending on what stage the implementation of the criminal intent stopped.
If the organizer or instigator could not persuade another person to illegal actions for reasons that were not dependent on him, he is responsible for preparing for the commission of the crime.
If the contractor voluntarily refused to implement a criminal intent, this is considered a failed complicity. In this case, the remaining members of the group will be held criminally responsible for preparing for the offense in accordance with the norms of the Criminal Code of the Russian Federation.
Cases of exemption or mitigation of sanctions
When inciting a crime or playing a different role in the commission of an unlawful act, there are cases of commutation of punishment or full release from responsibility.
Such cases are provided for in the fourth part of Article 31 of the Code. If the instigator or organizer informs law enforcement authorities about the impending crime in a timely manner, they are exempt from criminal liability.
If these entities could not prevent the commission of an offense, sanctions will be applied to them under the fifth part of Article 31 of the Code, but subject to mitigating circumstances.
Incitement to commit a criminal offense shall entail appropriate liability if the person did not promptly refuse to implement the criminal intent.