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Authors |
Kukhtina Tatyana Vladimirovna
lecturer of criminal
law, criminology
and penal law, South Ural state University,
Chelyabinsk. 454080, Chelyabinsk,
Commune street, d. 149. E-mail: upiuip@mail.ru
Klassen Maksim Aleksandrovich
Candidate of Law,
Associate Professor
of Criminal Law, Criminology and Penitentiary Law,
South Ural State University.
454080, Chelyabinsk, Commune street, d. 149. E-mail:
maklassen@yandex.ru |
|
Abstract |
This article focuses on the question of the forms of
complicity in a crime.
Formed considered several approaches to this problem.
For example, some
researchers distinguish the forms of participation,
based on subjective and
objective evidence of consistency of committed
crimes. Another approach to
the question of determining the forms of complicity
is that the only form of participation
is the group. The authors of this position believe
that the concept of
the group is completely identical to the notion of
complicity. Supporters of the
third approach as the basis of division of ownership
on forms take particular
legislative construction of a crime that defines the
responsibility of the individual
partners. An attempt was made to bring into one
system all the diversity of views
on the forms of complicity. In the end, came to the
conclusion that the science
of criminal law not formulated with certain forms of
complicity, there are many
points of view on the question of the forms of
complicity in a crime, that generates
endless debate and controversy both in theory and in
practice. |
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Keywords |
forms of complicity, companiesto, group of
persons, group of
persons by prior conspiracy, an organized group,
criminal community (the
criminal organization). |
