Issues related to qualification of crimes against health committed by a group of persons without prior collusion

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The given article deals with the issues related to the liability regulation for doing harm to human health by a group of persons without having previous conspiracy. Despite the fact that the features of the institution of complicity have been sufficiently examined in the context of the doctrine of criminal law, law enforcement practice displays different approaches related to establishing the extent of guilt of accomplices while their committing socially dangerous acts. The Materials and Methods : include interpretations of the Plenum of the Supreme Court of the Russian Federation, published legal precedents on crimes committed by a group of persons without having previous conspiracy. The methodological basis of the given research was formed by general scientific methods such as analysis, generalization, analogy, induction method. The results of the study: made the author conclude that there is no uniform application of the norms of the criminal legislation to regulate the liability for doing harm to human health committed by several persons without having previous conspiracy. Findings and Conclusions: based on the given research the author of the article infers that doing harm to human health by a group of persons without having previous conspiracy is characterized by specific causal relationship. With regard to the actions of the co-executor committed with indirect intent, it is necessary to qualify them in accordance with the norm to regulate the liability for an encroachment that led to grave harm.

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Group of persons, doing harm, causal relationship, correlation, conformity, complicity, intent

Короткий адрес: https://sciup.org/143179612

IDR: 143179612   |   DOI: 10.55001/2312-3184.2022.35.80.007

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