ST 33 of the Criminal Code of the Russian Federation.
1. Along with the perpetrator, the organizer, instigator and accomplice are recognized as accomplices to the crime.
2. A perpetrator is a person who directly committed a crime or directly participated in its commission together with other persons (co-perpetrators), as well as a person who committed a crime through the use of other persons who are not subject to criminal liability due to age, insanity or other circumstances provided for by this Code. .
3. An organizer is a person who organized the commission of a crime or supervised its execution, as well as a person who created an organized group or criminal community (criminal organization) or supervised them.
4. An instigator is a person who persuaded another person to commit a crime by persuasion, bribery, threat or other means.
5. An accomplice is recognized as a person who assisted in the commission of a crime by advice, instructions, provision of information, means or instruments for committing a crime or removing obstacles, as well as a person who promised in advance to hide the criminal, means or instruments of committing a crime, traces of a crime or objects obtained by criminal means, and equally a person who promised in advance to purchase or sell such items.
Commentary to Art. 33 Criminal Code
1. The criminal law knows three types of performers.
The first of them is the perpetrator who directly commits the crime, i.e. who single-handedly carried out the entire objective side of the crime.
The second type of perpetrator is a co-perpetrator, who is directly involved in the commission of a crime together with other persons. All these persons are called co-perpetrators, since together they perform the objective side of the crime. In this case, to establish co-perpetrators, it is enough that each of the co-perpetrators fulfilled at least part of the objective side of the crime.
The third type of performer is the “mediocre performer.” In this case, a subject who can bear criminal liability uses to commit a crime a person who, for any reason, is not subject to criminal liability. At the same time, the subject capable of incurring criminal liability does not directly participate in the implementation of the objective side of the crime and actually plays the role of an organizer (accomplice, instigator). However, by virtue of the law, he is considered as a mediocre perpetrator of a crime committed by a person not subject to criminal liability.
2. According to Art. 33 of the Criminal Code of Russia, from the definition of an organizer given in Part 3, four types of organizational activities can be distinguished.
Firstly, the organizer of a crime is the person who organized the commission of the crime, i.e. preparing the commission of a crime in whole or in large part by developing a plan for committing a crime, finding accomplices, instruments and means of committing a crime, training accomplices, etc.
Secondly, the organizer is the person who led the execution of the crime, i.e. a person who organizes the activities of accomplices in the direct commission of a crime both at the place of its commission and outside it.
Thirdly, the organizer is the person who created an organized group or criminal community (criminal organization), i.e. a person whose activities result in finding accomplices, instruments and means of committing a crime, developing plans for committing crimes, etc. was the creation of an organized group or criminal community (criminal organization).
Fourthly, the organizer is the person who led an organized group or criminal community (criminal organization), i.e. a person who heads an organized group or criminal community (criminal organization) already created by himself or another person.
3. According to Article 33 of the Criminal Code of the Russian Federation, an instigator is a person who persuaded another person to commit a crime by persuasion, bribery, threat or other means. The inducement to commit a crime must be of a specific nature, i.e. cause in an individually determined person a desire to commit a certain crime and be aimed at inciting such a desire, although this does not require clear details of criminal actions.
4. Depending on the nature of the accomplice’s activity, aiding is divided into two types: intellectual and physical.
Intellectual assistance includes giving the perpetrator advice, instructions and providing other information that significantly facilitates the commission of a crime and contains informative information. Intellectual complicity also includes a promise made in advance to hide a criminal, means or instruments of committing a crime, traces of a crime or objects obtained by criminal means, as well as a promise given in advance to acquire or sell such objects. The only exception known to judicial practice, when in the absence of a pre-given promise to purchase or sell items obtained by criminal means, such actions can be recognized as complicity, is based on their systematic commission in the past, allowing the perpetrator of the crime to count on similar assistance in committing a crime in the future ( Clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 7, 2015 No. 32 “On judicial practice in cases of legalization (laundering) of funds or other property acquired by criminal means, and on the acquisition or sale of property known to be obtained by criminal means”) .
Physical assistance includes providing means or instruments for committing a crime or removing obstacles. Physical complicity is possible through both action and inaction and must provide the perpetrator with significant assistance in committing the crime.
Second commentary to Art. 33 of the Criminal Code of the Russian Federation
1. According to the law, the following types of accomplices in a crime are recognized: perpetrator, organizer, instigator and accomplice.
2. The perpetrator of the crime is:
1) direct executor, i.e. the person who directly committed the crime (who independently carried out the objective side of the crime);
2) co-executor, i.e. a person who directly participated in the commission of a crime together with other persons (who performed the objective side of the crime or part of it together with other co-perpetrators);
3) a mediocre performer, i.e. a person who has committed a crime through the use of other persons who are not subject to criminal liability due to underage, insanity or other circumstances, for example, in the absence of guilt or execution of an order.
3. The organizer of the crime is:
1) the person who organized the commission of the crime (who developed a plan to commit the crime, found accomplices, distributed roles between them, etc.);
2) the person who supervised the execution of the crime (gave instructions to other accomplices, coordinated their actions, etc.);
3) a person who created an organized group or criminal community (criminal organization) (who determined the directions of criminal activity, developed a close relationship between accomplices, distributed roles between them, united organized groups, etc.);
4) a person who led an organized group or criminal community (criminal organization) (developed an activity plan, organized logistics, determined methods for committing and concealing specific crimes, etc.).
4. An instigator is a person who has persuaded another person to commit a crime by persuasion (for example, requests, promises), bribery (providing or promising benefits of a property nature), threats (violence, destruction, damage or confiscation of property, blackmail) or other means (for example , inciting feelings of hatred, issuing a mandatory order or instruction). Incitement must be specific and aimed at inciting in certain persons the desire to commit a specific crime. Appeals, propaganda, justification or approval are not incitement.
5. An accomplice is a person who facilitated the commission of a crime by advice, instructions, provision of information, a promise given in advance to hide the criminal, means, instruments, traces of the crime, objects obtained by criminal means or a promise to acquire or sell such objects (intellectual or mental assistance), as well as a person who provided the means or instruments for committing a crime or removed obstacles to its commission (physical complicity).
Features of imposing liability
There is no separate article as such for complicity in committing murder. In this case, refer to Art. 34 of the Criminal Code of the Russian Federation. It states that the measure of responsibility is chosen for each person in accordance with the degree of his actual participation in the crime.
For the organizer, instigator and accomplice, liability comes under Art. 105 of the Criminal Code of the Russian Federation, but taking into account the information presented in Art. 33 of the same code.
If the perpetrator himself was unable to complete the crime for reasons beyond his control, but this did not prevent other participants in the crime from doing so, then the latter will be punished for preparing the crime.
The same will happen to someone who only tried to incite others to commit a crime, but failed due to various circumstances.
In what cases is liability not imposed?
Persons who make an attempt on the life of another person are unlikely to be able to completely avoid punishment. In a number of cases, their actions will be qualified under other articles of the Criminal Code of the Russian Federation, which may also change the penalties for them.
For example, an attempt on the life of a child who is still in the womb will not be considered an attempted murder, but is defined as an illegal abortion or causing grievous harm to the health of a woman.
It is also of great legal significance that the person died as a result of the act. It is then that the crime will be determined to be completed. Thus, clinical death (temporary cardiac arrest) is not defined as the death of a person if as a result he remains alive.
Third commentary to Article 33 of the Criminal Code of the Russian Federation
1. Criminal legislation distinguishes the following types of accomplices: perpetrator, organizer, instigator and accomplice. This distinction is based on an objective criterion - the nature of the participation of the perpetrator in the commission of the crime. Such a classification makes it possible to give a specific legal assessment of the action (inaction) of each accomplice in the crime and, therefore, to maximally individualize their responsibility and punishment.
2. According to Part 2 of the commented article, the perpetrator is the person who directly committed the crime, i.e. committed an act containing signs of a specific crime provided for in the article of the Special Part of the Criminal Code of the Russian Federation. For example, a person who causes the death of another person with a pistol shot will be considered the perpetrator of a murder. A perpetrator is also recognized as a person who directly participated in the commission of a crime with other persons (co-perpetrators), in other words, who performed an act that is fully or partially covered by the characteristics of a specific crime provided for in the article of the Special Part of the Criminal Code of the Russian Federation. In case of robbery, the perpetrator will be not only the person who directly took the property from the victim (torn off the gold chain, took off the ring, took away the handbag), but also the person who, during the theft, exerted a mental or physical influence on the victim, paralyzing her will to resist. Two persons will be recognized as perpetrators of counterfeiting, one of whom counterfeited counterfeit money, and the other sold this money. The perpetrator of a crime is only a person who has reached the age of criminal responsibility and is sane and is capable of bearing criminal responsibility. That is why the perpetrators of a crime are also those who deliberately use those who, by virtue of the law, cannot bear criminal liability to achieve a criminal goal. In the theory of criminal law, this type of execution is called mediocre infliction. First of all, the law connects this type of performance with the use of the insane or minors in the commission of a crime, i.e. persons who essentially act as “living instruments” of crime. In such a situation, the perpetrator of the crime will be the person who puts a knife into the hands of a mentally ill person to kill, and a match into the hands of a minor to destroy someone else’s property. In this part, the law could be supplemented with an indication of the use by the perpetrator of animals or various mechanisms and objects to commit a crime. At the same time, there are other types of mediocre infliction. These include, in particular, the use of persons in the commission of a crime: a) acting in a state of extreme necessity; b) acting innocently; c) acting through negligence; d) not possessing the characteristics of a special subject.
3. One of the most dangerous participants in joint activities is the organizer of the crime. Part 3 of the commented article identifies the following types of organizers: 1) the person who organized the commission of the crime; 2) the person who supervised the execution of the crime; 3) a person who created an organized group or criminal community (criminal organization); 4) a person who led an organized group or criminal community (criminal organization). As a rule, the organizer acts as part of an organized group or criminal community (criminal organization). However, this does not exclude the presence of an organizer in less dangerous types of complicity. Thus, organizing the commission of a crime involves developing a plan for criminal activity, finding accomplices for its implementation, distributing roles between them, supplying them with the necessary weapons, documents, etc. Directing the execution of a crime is an activity related, for example, to placing accomplices at the scene of the crime, specifying or adjusting the actions of accomplices in the process of executing the crime. All this suggests that directing the execution of a crime is the second stage after the direct organization of the commission of a crime. Although, of course, these functions can be performed by different persons. The creation of an organized group or criminal community (criminal organization) involves the directed actions of a person, uniting accomplices into criminal associations specified in the law. First of all, a person persuades people to participate in such groups, unites them among themselves, sets appropriate goals for them, develops organizational connections, maintains discipline, etc. Responsibility for the implementation of the criminal goals of an organized group or criminal community (criminal organization) rests with the persons in charge of these associations directly during the commission of specific crimes. The organization of a crime can also be expressed in the form of financing the criminal activities of a criminal association. Taking into account the special danger of such manifestations of organizational activity, the legislator provided for independent liability for its implementation within the framework of the articles of the Special Part of the Criminal Code of the Russian Federation, in which the very fact of creating or leading such associations (for example, a gang or a criminal community) already forms the corpus delicti of a completed crime (Art. Art. 209 and 210 of the Criminal Code).
4. An instigator of a crime is a person who deliberately arouses in the mind of another person the determination to commit a specific crime. The means and methods of committing incitement can be very diverse. Their choice depends on the identity of the instigator and the instigated, their relationship, the nature of the alleged crime, etc. Most often, the instigator uses persuasion, bribery, threats, advice, and deception. In any case, they are always active. It is impossible to arouse in the minds of a person the determination to commit a crime through passive behavior. It should, however, be emphasized that by using various methods of influence, the instigator evokes the determination to consciously decide to commit a crime. Otherwise, there is no incitement, and we can only talk about mediocre infliction. For example, a person, inciting a crime, uses physical violence, which causes a state of extreme necessity in the instigated person. Incitement is possible in relation to a specific person and is aimed at committing a specific crime, and not at engaging in criminal activity in general. Incitement should be considered completed from the moment when the determination to commit a specific crime arose in the mind of the person. If this does not happen, then the behavior of such an instigator should be assessed as preparation for a crime. The actions of an instigator are also qualified as preparation when a person, having agreed to commit a crime, subsequently abandons his decision and does not commit criminal acts. From the subjective side, incitement is always committed intentionally. It does not matter what motives the instigator had. The instigator differs from the perpetrator in that he does not directly participate in the commission of the crime. If a person not only persuaded someone to commit a crime, but also took part in it as a perpetrator, then he is subject to liability as a perpetrator. Of course, this circumstance will be taken into account when determining the nature and extent of his participation in the commission of a crime, and, consequently, when assigning a fair punishment to the perpetrator. The instigator should also be distinguished from the organizer of the crime. Thus, unlike the organizer, the instigator does not develop a plan for criminal activity, does not distribute roles among accomplices, and does not provide leadership in the execution of the crime. His role is to persuade a person to commit a crime. 5. An accomplice is a person who assists the perpetrator in committing a specific crime. Depending on the choice of methods and means of providing assistance in committing a crime, two types of assistance are distinguished: intellectual and physical. Physical complicity includes actions that help the perpetrator to carry out the objective side of the crime. Such actions can be expressed in providing the perpetrator with the necessary means to commit a crime (for example, providing a car to commit theft of property on a large scale); in removing obstacles to the commission of a crime by the perpetrator (for example, leaving a warehouse where material assets are stored open by a storekeeper for their subsequent theft). Intellectual assistance is expressed in providing the perpetrator with the necessary information, giving advice on how to commit a crime, avoid arrest, hide from prosecution, etc. From the subjective side, complicity in a crime is characterized only by direct intent. Although there are opinions that intent may be indirect, this position seems to us untenable. The perpetrator is aware of the nature of the crime being prepared, foresees the possibility of harmful consequences and desires the occurrence of these consequences (material composition). With a formal composition, the accomplice is aware of the illegality of his actions and the actions of the perpetrator and desires their commission.
As with incitement, the motives and goals of the accomplice and the perpetrator may be different in content.
An accomplice differs from an instigator in that by his behavior he does not arouse the determination of the other accomplice to commit a crime, but only strengthens such determination, since it arises before the commission of complicity. An accomplice differs from an organizer in that he does not act as an initiator and inspirer of a crime and his activities are not characterized by the versatility and other features of the organizer’s criminal behavior described above. Failed complicity, when the person’s assistance remains unclaimed, does not constitute complicity. In this case, the person is subject to responsibility for preparing for the crime, the commission of which he sought to assist. ‹ Article 32. The concept of complicity in a crimeUp Article 34. Responsibility of accomplices in a crime ›
The corpus delicti – complicity in murder
The object of such an offense is human life. At the same time, legal science reflects both aspects of this concept: both the physiological process itself and the opportunity provided by law for a citizen to exist in society on equal rights with its other members.
Important! Euthanasia is not allowed on the territory of the Russian Federation, so it will also be regarded as murder, even if the deceased himself left evidence that, due to his serious illness, he himself wanted to die.
The objective side means:
- An action or inaction that resulted in the death of a person.
- The final result of the incident was the death of the citizen.
- There is a cause-and-effect relationship between both of the above events.
If we talk about the subjective side, then there can be both direct and indirect intent in the actions of the criminal.
In the first case, the citizen has set himself the goal of killing another person, and in the second, the perpetrator may not want the death of another person, but he is fully aware that through his actions or inaction he is contributing to this.
The subject of the offense is a sane citizen who has reached the age of 14 at the time of the crime.
