According to Russian criminal law, the main participants in the crime committed, along with its perpetrator, can be recognized as organizers, instigators and accomplices, who are also liable in accordance with Article 33 of the Criminal Code of the Russian Federation. Incitement and incitement are also synonymous concepts for which criminal penalties are provided.
In legal terms, incitement to commit a crime according to the articles of the Criminal Code of the Russian Federation is inducing another adult or minor to commit crimes or offenses through persuasion, bribery with money, as well as threats or blackmail, and other forms of pressure.
The most popular cases of incitement
Incitement to commit a crime under Article 33 of the Criminal Code of the Russian Federation is most often committed in the form of monetary bribery and is one of the most difficult acts to prove in criminal law. Incitement is often an element of complex crimes in which there is a clear distribution of roles - organizer, perpetrator, accomplice, accomplice.
Incitement is expressed in putting pressure on a person who, according to the plan of the organizer, should become the perpetrator of a crime. Instigators are required to put pressure on a person to:
- murders, suicides;
- committing theft, robbery or kidnapping;
- transfer of important confidential information.
Important!
The role of instigator and accomplice in criminal law may be similar, but the accomplice implements recommendations for committing a crime, and also gives advice on providing an alibi and professionally covering up the traces of a crime. The instigator organizes the occurrence of events in which the performer will be forced to give consent to commit illegal actions.
How is punishment determined?
By itself Art. 33 of the Criminal Code of the Russian Federation does not contain sanctions for one or another type of complicity in a crime; incitement is qualified under one of the articles of the Special Part of the Criminal Code of the Russian Federation, which provides for liability for an already committed criminal act.
In accordance with Part 1 of Art. 34 of the Criminal Code of the Russian Federation, when determining the degree of responsibility of each of the participants in the crime, the volume and nature of their actions are taken into account. In other words, the investigation must establish what role was assigned to each group member and what actions each of them performed.
If the investigation establishes the fact of incitement by one of the group members, this participant will suffer a more severe punishment than other accomplices in the crime. Thus, for the same crime, different sanctions are applied to each accused. For example, according to Part 2 of Art. 105 the accused faces a sentence of imprisonment from eight to twenty years, and in some cases - life imprisonment. If such a crime is committed by several persons, each of them faces imprisonment, but with a different term of serving the sentence.
When determining the punishment for each participant in a criminal act, the recommendations provided for in Art. 67 of the Criminal Code of the Russian Federation, according to which punishment for a criminal act committed in complicity is imposed taking into account the following relevant conditions:
- the actual scope of actions of each participant in the commission of a criminal act;
- the consequences of such actions;
- presence (absence) of aggravating or mitigating circumstances.
The main types of punishment for incitement to murder or suicide
Incitement to murder under the article of the Criminal Code of the Russian Federation is one of the most serious crimes; liability for it is determined in accordance with the main provisions of Art. 33 of the Criminal Code of the Russian Federation. The offender can either independently convey his own will or use assistance from both adult and minor accomplices in the commission of a crime. According to the law, the actions of an instigator can be reclassified under Article 105 of the Criminal Code of the Russian Federation, and a sentence will be imposed as one of the accomplices in its commission. The main methods here can be:
- making requests and persuasion;
- intentionally misleading a person regarding motives;
- committing monetary bribery;
- threats of causing trouble or harm to people close to you;
- blackmail;
- brute physical strength;
- carrying out provocation to commit an offense, where the main task is to expose the perpetrator.
Incitement to suicide under the article of the Criminal Code is also criminally punishable, and for its commission, if a crime is identified, punishment is provided by imprisonment for a term of up to 4 years, forced labor for up to 3 years, deprivation of the right to hold a position or engage in certain types of activities . Incitement to suicide committed through persuasion, proposals, bribery or deception may entail restriction of freedom for up to 3 years.
If the responsibility for incitement involves receiving advice, instructions, as well as providing all the necessary information, selecting means or instruments for committing suicide, or helping to remove obstacles, then according to the law, this is punishable by a prison term of up to 4 years.
Instigation, organization and aiding
Sometimes it is very difficult to distinguish incitement from organization or complicity. The fact is that some of the signs of these acts are very similar. An example can be given of intellectual complicity, when an accomplice has a psychological influence on the perpetrator of the crime. With this, he can help the would-be killer develop a plan and gives him the confidence to break the law with impunity.
Note!
The accomplice and the instigator perform different functions. The first advises and recommends how to act in various situations, provides the perpetrator with as much information as possible to facilitate the commission of the crime. The instigator creates the conditions in which the future murderer will have to agree to commit a crime.
When a person’s actions are considered as aiding or organizing a crime, Art. 33 of the Criminal Code of the Russian Federation is not used. Functions that can be performed in aiding and organizing murder:
- assistance in preparation, selection of assistants, means and instruments of crime. The organizer can find the weapon with which the attack will be carried out;
- providing information to assist the perpetrator in committing the murder. These are advice and instructions on actions in the current situation;
- creating conditions under which nothing can interfere with the execution of the crime;
- promise or actual assistance in eliminating traces of a crime;
- personal participation in illegal activities.
To qualify a person’s actions, it is also important who acts as the performer. If it turns out to be a minor or a person who is not capable of bearing responsibility, then the case will not be considered under Art. 33 of the Criminal Code of the Russian Federation. The instigator himself will be considered the perpetrator of the murder, and the one who committed the illegal actions will be regarded as the instrument of the crime. In other words, incitement in this case is qualified as taking advantage of the impunity of the perpetrator.
Responsibility for a bribe
The Criminal Code of the Russian Federation for incitement to give a bribe, where the citizen acts as a formal intermediary, provides for the following types of punishment:
- a fine reaching 500 thousand rubles, three or five times the size of the bribe;
- forced labor for up to a year;
- correctional labor for up to 2 years;
- deprivation of the right to hold positions in certain areas for up to 5 years.
If responsibility for incitement is provided within a group where everyone has been assigned their own role, the punishment can be harsher - fines of up to 4 million rubles are provided, as well as the possibility of imprisonment for a term of 7 to 12 years. All capable citizens over the age of 16 are subject to liability. There are all the signs of an offense being committed if at least part of the bribe was handed over in front of witnesses.
The punishment can be eased by admitting one’s own guilt, assistance in the investigation, as well as sincere repentance for the crime committed and the citizen’s absence of previous convictions, as well as the presence of young children.
| Pass during quarantine | Payment and registration of sick leave during quarantine |
| Article 6.3 of the Code of Administrative Offenses | Article for violating the self-isolation regime |
- Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
- Federal number -
- Moscow region, Moscow -
- Leningr. region, St. Petersburg -
- It's absolutely free and fast!
Grounds for criminal liability for complicity in a crime
The sanction largely depends on the principle by which the attackers united. If there was no prior agreement, they are considered a group of persons. If it was, the illegal act is recognized as committed by a group of persons by prior conspiracy. There is also the concept of an organized group. This is a long-term community of people united by one goal - to commit one or more violations of the law. It should be distinguished from a criminal community. It is understood as a group that has leadership and a common intent to commit one or more serious or especially serious crimes in order to obtain material gain.
Note!
The creator of a criminal group or community is separately responsible for violating the law and creating an illegal association.
According to most articles of the Criminal Code of the Russian Federation, the commission of an unlawful act by a group of persons or an organized group is punished more severely, that is, it serves as an aggravating circumstance.
Do you have any questions?
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
- Request a consultation using the form
on our website - Or just call the number: 8 800 350-83-74
Summary
According to the law, absolutely all accomplices are considered responsible for breaking the law. However, the punishment is assigned to each individual individually. The courts determine the most severe sanction for co-executors. These are persons who equally participated in the violation of the law.
Partners can be of three types:
- organizers;
- instigators;
- accomplices.
The perpetrator directly commits an illegal act on his own or through the use of other people. The organizer plans the actions of others or directs them, and can also be the founder of a criminal group. An instigator persuades others to break the law through persuasion, threats, and even bribery.
The accomplice advises others on how to act, obtains information, weapons, promises to hide the intruders or traces, acquire the loot, etc.
However, the court is guided not only by the role, but also by the specific actions of the defendants. For example, the organizer is sometimes more dangerous than the direct performer. Therefore, the judge takes into account the degree of danger of each person, their contribution to achieving the criminal result, and the damage caused to the victim. All mitigating and aggravating circumstances are also taken into account.
The Criminal Code of the Russian Federation specifically stipulates situations when only the performer has intent and it does not extend to other persons. In this case, only the criminal is responsible.
When assigning a measure of responsibility, it is important to consider the attitude of each accomplice to the nature and extent of the harm caused or possible harm, personal characteristics, the degree of participation in solving the crime, and assistance to the investigation. The involvement of minors, incompetent and insane persons in the case, or the commission of unintentional illegal acts is not considered joint participation.
In order to speak of complicity, the following conditions must be met:
- each member of the group is aware of the social danger of their actions, as well as the actions of other persons;
- everyone foresees dangerous consequences;
- everyone is aware of each other's criminal intentions;
- there is an oral or written agreement.
