Involving in the committing of socially dangerous actions: regulatory structures and criminal-legal assessment issues
Автор: Reshetnikov Aleksandr Yu.
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Уголовное право и криминология, уголовно-исполнительное право
Статья в выпуске: 1 т.16, 2019 года.
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In criminal law, various terms are used that describe the same phenomenon - involvement in a crime (socially dangerous actions). Depending on the object, institutional affiliation and the criminal law context, criminal involvement may have different criminal law meaning. The paper provides a legal assessment of criminal involvement, which, regardless of its normative description, has a single legal nature, and provides recommendations on qualifications. It is noted that the approaches used by the legislator to criminalize involvement do not exclude the possibility of complicity in crimes committed by involvement. Regulatory differences in the description of engagement actions predetermine the non-uniform understanding of the content of executive actions and the moment of legal completion of crimes. It is substantiated that the understanding of the meaning of the criminal law, the content of the act in which is expressed in the form of involvement, should be carried out taking into account the rules of grammatical and logical interpretation, as well as take into account the criminal political tasks...
Involvement in crime, complicity in crime, inchoate crime, attempted crime, incitement
Короткий адрес: https://sciup.org/143166965
IDR: 143166965 | DOI: 10.19073/2306-1340-2019-16-1-43-48