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Title

Forms of complicity: theoretical and practical aspects

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

Section

Criminal legal doctrine

Issue

1/2016

Page

154-160

index UDC

343.356

index LBC

 

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.

Keywords

forms of complicity, companiesto, group of persons, group of persons by prior conspiracy, an organized group, criminal community (the criminal organization).

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