Complicity in Crime: Law, Theory, Practice

Abstract

Review. The article reveals the conceptual idea of the grounds for liability with regard to criminal complicity under criminal laws of Russia. It is argued that responsibility for criminal complicity is based on a combination of basic provisions of two theories - namely, the theory of "complicity" and the theory of "autonomy" of responsibility of accomplices, and complicity itself is possible only if there are grounds for responsibility of a crime executor, on the contrary, exclusion of liability of the executor makes impossible the responsibility of others according to the rules of complicity, which, however, does not preclude their independent responsibility for criminal acts committed personally. On the basis of the criminal law, theory and judicial practice the author draws a conclusion with regard to a consistent understanding of principal features of complicity in a crime, shows their role in solving specific questions of classification of crimes committed in complicity, such as: features of causality in complicity cases, temporary complicity borders, complicity in crimes with two forms of guilt, form and content of the guilt of accomplices, "failed" complicity.