Objective and subjective excesses of an accomplice to a crime
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The objective of the work is to theoretically substantiate and confirm with specific examples that the excess of an accomplice has not only objective but also subjective manifestations. Research methodology: general scientific and specific scientific methods traditional for legal research (analysis and synthesis, systems approach methodology, formal-logical method, document examination, etc.). Research results: depending on the form of manifestation of the excess, it is proposed to distinguish: a) the excess of an accomplice in terms of objective elements of a crime (objective excess), which has external, visible manifestations (encroachment on a new or additional object, an increase in the number of victims, objects of the crime, a different method of committing a crime, a different form of complicity, an increase in damage, etc.); b) the excess of an accomplice in terms of the motive and (or) the purpose of committing a crime (subjective excess), which is not reflected in the objective characteristics of the jointly committed crime. This article analyzes doctrinal and law enforcement approaches to the criminal-law assessment of subjective excess committed by the perpetrator and other accomplices to a crime, and discusses the evolution of the Supreme Court of the Russian Federation's legal positions regarding the classification of subjective excess.
Perpetrator excess, accomplice excess, objective accomplice excess, subjective accomplice excess
Короткий адрес: https://sciup.org/14134513
IDR: 14134513 | УДК: 343.214 | DOI: 10.24412/2220-2404-2026-1-7