Дополнительная квалификация приготовления к преступлению

The author of the article considers the additional qualification of preparations for a crime. The literal interpretation of the law, in our opinion, implies the adjustment or adaptation of devices and instruments of the crime. At the same time, adaptation of devices may indicate to the improvement of respective capabilities. Qualification of preparations for a crime as preischemia of accomplices involves identification of the signs of preischemia and accomplices of the crime. In relevant literature, search of accomplices is considered as selection and search of other individuals for committing a crime. Sometimes the circle of other persons is to be specified and we mean the recruitment of perpetrators and accomplices or seeking acquaintance with potential partners, encouraging them to participate in a particular crime, discussing the roles of each accomplice etc. According to T. Poniatovskaya, search of accomplices implies persuading them to commit a crime. On the one hand, it seems to us that specifically finding accomplices is not possible in the course of preparations for a crime. The thing is, that “complicity in a crime is an intentional joint participation of two or more persons in committing a deliberate crime" (article 32 of the Criminal Code of the Russian Federation). Accordingly, untill there is no deliberate joint participation of two or more persons in committing a deliberate crime, there is no an accomplice.