Differentiation of Criminal Liability of Accomplices in a Crime

Evgeniya V. Rogova, R. Zabavko
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Abstract

Relevance. This article discusses topical issues of differentiation of criminal liability of accomplices in a crime, which has a certain specificity, taking into account the characteristics of individual manifestations of criminal activity. The purpose is to analyze both general and special rules of criminal law regulation of the limits of liability of ac-complices in a crime. The objectives of the study are identifying the problems of criminal law regulation of the limits of liability of ac-complices in the crime and suggest ways to solve them. Methodology. The methodological basis of the study is general scientific and particular scientific methods of cognition of reality, which made it possible to investigate the issues of differentiating the criminal liability of accomplices in a crime. Results. The legal mechanisms available in the Criminal Code of the Russian Federation for differentiating the criminal liability of accomplices are analyzed. It has been determined that the accessory nature of complicity underlies the differentiation of the criminal liability of accomplices. It was revealed that the main means of differentiating criminal responsibility are forms of complicity. Conclusion. The existing means of differentiating criminal responsibility do not ensure the implementation of the principle of justice. The form of complicity cannot always be used as a means of differentiating the criminal liability of ac-complices, other means, such as the allocation of special compositions in which the organizer or intermediary is presented as the perpetrators of certain crimes, is private (and not always an effective means of differentiating criminal liability). It is proposed to legally link the amount of punishment. assigned to the performer and other accomplices.
犯罪共犯刑事责任的辨析
的相关性。本文结合犯罪活动个体表现形式的特点,探讨了区分共犯刑事责任的热点问题,具有一定的特殊性。本文的目的是分析我国刑法关于共犯责任限制的一般规则和特殊规则。本研究的目的在于找出共犯责任限制在刑法规制中存在的问题,并提出解决问题的途径。方法。研究的方法论基础是一般科学的现实认识方法和特殊科学的现实认识方法,这使得对犯罪共犯刑事责任区分问题的研究成为可能。结果。分析了《俄罗斯联邦刑法典》中区分共犯刑事责任的现有法律机制。确定共犯的从犯性质是区分共犯刑事责任的基础。结果表明,区分刑事责任的主要手段是共犯的形式。结论。现有的刑事责任划分方法不能保证公正原则的实施。共犯的形式不能总是用作区分共犯的刑事责任的手段,其他手段,例如分配特殊构成,其中组织者或中间人被认为是某些罪行的犯罪者,是私人的(并不总是区分刑事责任的有效手段)。建议依法将量刑数额挂钩。分配给表演者和其他帮凶。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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