Crime convener and leader: correlation of concepts and certain issues of qualification

Автор: Gorenko Maxim G.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 3, 2022 года.

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The article examines the correlation between the concepts of “crime convener” and “crime leader”, as well as some issues of qualifying the convener's actions as a partner in crime. The deficiencies of the criminal law in defining the content of the concept of “crime convener” and the flawed rules for bringing an accomplice to a crime to justice set out in it are noted. For example, the article substantiates the mandatory reference to Art. 33 of the Criminal Code of the Russian Federation, indicating the relevant part, when qualifying the actions of the crime convener, and regardless of whether the latter was directly involved in the crime commission or not. It is proposed to eliminate from part 3 of Art. 33 of the Criminal Code of the Russian Federation, the sign “execution” in terms of management and replace it with the term “commitment”. It is useful to distinguish between the roles of a crime convener and a crime leader as independent accomplices in a crime.

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Criminal law, complicity, crime, types of accomplices, qualification of complicity, responsibility of accomplices, organizer, leader

Короткий адрес: https://sciup.org/149139628

IDR: 149139628   |   DOI: 10.24158/tipor.2022.3.16

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