Absolutely all people from animals are distinguished by the presence of one important thing - consciousness. It is thanks to him that every person is able to think, as well as analyze the information received. Animals in this sense are significantly behind. After all, their behavior is regulated exclusively by instincts. Thus, human actions are always meaningful. Any manifestations of people's activity can be both positive and negative. With the advent of the universal regulator of social relations, that is, rights, negative phenomena in most cases became offenses. It follows that most of human activity, which goes beyond social norms, is very often condemned. It should be noted that the offenses are divided according to the degree of their danger. Therefore, ordinary antisocial acts and crimes are distinguished. The latter, in turn, are realized through the commission of the most socially dangerous acts. As we understand it, crimes are not always committed by one person. That is, extremely negative acts can be implemented by groups of people. In criminal law, this factor found its reflection in the form of an institution of complicity. He, in turn, plays a significant role in the qualification of certain crimes. In addition to this, there are also certain types of accomplices, forms of complicity and other features of the institute, which will be presented later.
What is a crime?
Before discussing the types of complicity and other features of this legal category, it is necessary to understand what constitutes a crime from the perspective of criminal law. There are a large number of scientific interpretations of this concept. However, in modern criminal law of the Russian Federation, this violation is understood as the most socially dangerous act committed by a specific person. In other words, the high sanctions provided for crimes in the relevant legislation are due to the fact that as a result of the implementation of such acts significant harm is caused to one or another social relationship. Therefore, the existence of a criminal branch of law is simply necessary. Indeed, thanks to her, it is possible to legally regulate the scope of crimes and bring those responsible for their implementation to justice. With regard to criminal acts in general, their danger is greatly increased if they are carried out not by one person, but by a group. Therefore, the question of what the concept and types of complicity are, as well as other features of this category, is so important. After all, they provide an opportunity to more closely model legal liability in each case.
The concept of complicity
So, we are interested in the concept of complicity. According to the most "classical" interpretation, which is accepted by most scientists, this institution implies the fact that a criminal plan is realized by a group of people. Of course, there are other definitions. For example, according to the Criminal Code of the Russian Federation, Art. 32, complicity is the participation in the commission of a crime of two or more persons united by a common intent. It should be noted that complicity is being studied today as one of the most difficult issues in the relevant legal industry. Because it also addresses a host of other issues, for example: guilt, the role of participants, the adjacency of intent, etc. In the practical environment, there are many difficulties in qualifying such crimes. This is due to the fact that complicity is a complex structure that requires the legal characterization of several people at once, connected by a common intention and committed a socially dangerous act.
Development and establishment of the institute
It should be noted that the concept, signs and types of complicity, which will be discussed in more detail later in the article, are elements of one legal institution. He, in turn, is not a novelty in the criminal law of Russia. Participation as a fact of the implementation of a criminal plan by several people was known for a long time, back in the days of Kievan Rus. In addition, the category already in those days was used to qualify crimes and assign responsibility. For example, a document such as Russkaya Pravda contained norms that testified to the importance of complicity in a crime. According to one of them, the person who stole the horse answered with a fine. In turn, a group of persons who committed a similar crime jointly shared the payment of the amount of compensation. This is not an isolated example of using the provisions of the institute. Complicity as part of criminal law was actively practiced during the time of the Russian Empire. For example, in the period from 1754 to 1766 a new codified criminal act is created in the said state. It already included norms that not only enshrined the definition of such a phenomenon as complicity, but also outlined the roles of certain participants. Thus, from this moment begins a turning point in the history of the development of the entire institute. The penal code, the most recent version of which dates from 1885, already mentioned some forms and types of complicity. In addition, the main “roles” of accomplices were fixed in this act: co-execution, aiding and connivance. During the Soviet Union, the institute takes on the form in which we are accustomed to see it today. His qualitative characteristics were highlighted, and the main types of accomplices were fixed. In addition, since 1958, a figure such as the “organizer” has appeared in criminal law. Modern acts of the relevant industry in many respects copy the Soviet understanding of the concept we are considering. However, a theoretical understanding of complicity in the crime is still ongoing. It is necessary due to the fact that in order to put the institute into practice, a legal basis and the types of complicity that are enshrined in regulatory enactments are necessary. Without this, it would be impossible to blame individuals for the presented aggravating factor.
Theoretical Approaches to Understanding the Institute
Participation in a crime, a concept the types of which are presented in the article, are considered by theorists of law far from the same. As a rule, there are two most popular points of view regarding this issue. According to the first, complicity is an accessory activity of people involved in the commission of crimes. That is, everyone, except the performer, performs additional functions. In this case, the criminal liability of the partners will completely depend on the assessment of the actual actions of the title artist. If he is guilty, then the participants are also involved in a similar article. In case of justification of the contractor, other persons shall not be liable. This theory, of course, has many controversial points, but in general it is successful in terms of a more severe prosecution.
The second point of view is the exact opposite. According to her, all participants in the crime are responsible only for those actions that they directly committed. That is, the activities of the contractor are not taken into account. This approach allows attracting all accomplices to the crime, even if the implementer of its objective side cannot be held accountable. These features make it possible to isolate and analyze the types and signs of complicity, which, of course, plays a large role in the evolution of the presented institution.
Key signs of complicity
Of course, the forms and types of complicity are important factors that simply need to be analyzed in detail and theoretically worked out. However, the signs of this institution also play a rather large role. Thanks to them, we can talk about the existence of the institution in general, and also correctly qualify it in the process of evaluating a particular characteristic situation. Moreover, signs of complicity have been developed over many years of the existence of Russian criminal law theory. Thus, the following characteristic features of the institute are distinguished:
1. First of all, it should be noted that complicity in a crime is possible only with the activities of persons who are subjects of an unlawful act. That is, all members of the group must be sane, as well as have the appropriate age.
2. The commission of a crime in the context of complicity is always “work” for the sake of the realization of one plan. That is, the participants are united by one subjective side, which is aimed at achieving a certain result that suits everyone. Thus, if one of the participants withdraws from the field of common intent, they will not be charged with the rest of the group.
3. The causal relationship and the result of the act will also be desirable for all partners without exception. Moreover, between their actions and the immediate "ending" should be traced a certain causal relationship. Otherwise, it is impossible to talk about the existence of an institution of complicity in general.
4. Complicity means the knowledge of the criminals about each other. That is, each accomplice must directly know the other and understand that he performs any functions in the process of implementing the objective element of the crime. Otherwise, the mentioned institute is simply not there.
5. Complicity is always just an action. It cannot be expressed in any other way.
6. As the criminal law practice shows, the institute takes place in crimes with any composition. That is, complicity is possible in formal, material, lasting, ongoing criminal offenses.
Thus, these signs allow you to highlight the forms and types of complicity. In addition, they can be used to characterize the roles of all, without exception, implementers of criminal intent.
Forms of complicity in a crime
Types and forms of complicity in a crime are inextricably linked concepts. However, the key category in this case is precisely the forms, since they have a broader meaning. It should be noted that in the theory of criminal law today, there is still no single thought on this issue. Many scholars distinguish different forms of complicity, which are based on one or another criterion. First of all, it is necessary to highlight the concept of this category. The form of complicity today is one of the varieties of complicity, which is formed on the basis of a certain criterion of a subjective-objective nature. As a rule, it determines the type of communication of individual members of a criminal group. To date, there are a number of the following classifications, which are put forward by various scientists, namely:
1. Simple, complicated and special complicity.
2. Collaboration with the distribution of certain roles and co-execution.
3. The allocation of a separate group of persons as the main form of complicity.
The presented list is not complete, since there are many points of view on the classification of forms of complicity. It should also be noted that in criminal law the main criterion for the appearance of one form or another is the nature of the conspiracy that exists between individuals. Based on this criterion, the following types of complicity in a crime are distinguished, namely:
- a group of persons without prior conspiracy;
- a group of persons by prior conspiracy;
- organized group;
- criminal community;
Of course, there are many other classifications that are known only in narrow scientific circles. For example, types of procedural complicity include active, passive, and mixed types of institution. But such a form is not suitable for global study, because it has not too great practical potential.
Characterization of a group of persons in collusion and without it
The first two forms of complicity are characterized by the presence of a group of persons. But in both cases, the moment of the appearance of a single intent is different. For example, a group of persons without conspiracy is the attachment of attackers to the commission of a crime that is already being committed, that is, an action during an immediate attack. In this case, the subjective side is important. The intention, even with this form, should be the same for all participants, since this is a key feature of the institution presented in the article. As mentioned earlier, complicity, the concept, forms, the forms of which are considered in the article, are characterized by the fulfillment of the objective side by all attackers. In the case of a group of persons without prior conspiracy, this feature is also fully present.
As for such a form as a group of persons with preliminary conspiracy, this is the exact opposite type of complicity. The main feature is that the persons involved in the implementation of the criminal act, tentatively agree on this. In this case, the form of this kind of agreement does not matter. It can be carried out both verbally and with the help of gestures, letters, etc. In the Criminal Law of the Russian Federation, an act is considered to be committed by a group of persons by prior agreement, if two or more people participate in its implementation.
Characteristics of an organized group and criminal community
The most dangerous in nature are the last two forms of complicity. These include criminal groups and communities. Public danger is expressed in the fact that such formations are distinguished by a high degree of connection between their members. They, in turn, are able to commit crimes more “professionally” and efficiently (on the negative side). An organized group is characterized by preliminary conspiracy and a strong bond between members. In this case, the implementation of a single intent is made by the distribution of roles. In this case, the submitted form should be distinguished from the criminal community. The latter type is distinguished not only by increased communication, but also by the presence of a hierarchy. In addition, criminal societies are usually created to carry out crimes of the highest gravity. It should be noted that modern criminal law condemns the fact of creating such a formation. Responsibility for organizing such a group is presented in article 210 of the Criminal Code of the Russian Federation. Thus, the criminal community is the most dangerous form of manifestation of complicity, as it is characterized by the most durable type of cohesion between members. In addition to this, this kind of group is a manifestation of organized crime. The last category is a systematic phenomenon that takes place on the territory of the entire planet. Individual states and international organizations everywhere are developing guidelines for the fight against crime of this kind.
Participation in a crime, types of accomplices
There are many factors from the perspective of which the institution presented in the article can be considered. The types and forms of complicity in a crime in this case characterize it in the most complete way. Moreover, the first category shows the completeness of the objective side of the crime. Based on this criterion, as a rule, the following types of complicity are distinguished:
1. Simple, when the implementation of the objective side of the crime is carried out without the distribution of roles. That is, all participants are co-executors.
2. Complex - the exact opposite. The objective side is realized by participants of different role affiliations.
These types of complicity in a crime stipulate the presence in criminal law of the characteristics of persons who, to one degree or another, carry out a specific criminal act. These include:
- organizer;
- performer;
- instigator;
- accomplice;
Legal characteristics of the organizer and performer
The concept of complicity and the types of accomplices are concepts that complement each other. At the same time, the first gives a small idea of the types of persons who can participate in the commission of a crime, as well as their activities. For example, the organizer of a criminal offense may be a person who performs one of the following actions:
- directly organizes the crime;
- directs the execution of a criminal offense;
- is the creator of a criminal group or community;
- leads one of the criminal groups or the community.
As a rule, the punishment of this accomplice is the most severe. Since his activity is as dangerous and negative as possible.
As for the performer, this is a direct implementer of such an element of composition as the objective side of the crime. This person is characterized by the following set of features:
- the performer directly commits a crime (alone or in tandem with other performers, who, in turn, are considered in this case as co-executors);
- a person is considered to be a performer if all acts on his behalf or under pressure are performed by another, insane or juvenile person.
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Thus, the article examined complicity, types of accomplices, forms of this category, as well as its symptoms. It should be noted that the institution presented is invaluable to criminal law. After all, it directly affects the qualification of the act and the purpose of punishment, which is a manifestation of legal responsibility. Therefore, the theoretical development of complicity as a legal institution is still necessary today. It will allow more effectively to blame specific persons for actions that were committed by them as part of individual groups.