Typically, crimes are committed by one person for their own reasons. But there are frequent cases of the formation of a criminal group that carefully prepares an action directed against the interests of subjects of law. Aiding is one of the activities of an accomplice in a crime.
Crime partners
A crime committed by a group of persons differs from unlawful acts of a one-man nature. Complicity is characterized by the commission of an act by two or more persons.
The partners of the crime are:
- performers;
- organizers;
- instigators;
- accomplice.
Thus, we can conclude that the accomplices of the crime always have intent and a common goal, which is achieved through joint action.
Important! Only a sane individual who has reached the age of 14 years can be a participant or an accomplice in a crime (for certain types of crimes). The total age of criminal responsibility is sixteen years. Legal entities are not prosecuted.
Crime performer
The performer is a citizen of the Russian or other state who committed an unlawful act punishable by law, or participated in the implementation of such an action on an equal basis with other persons. The category of performers also includes persons who, with the help of minors, are insane or other persons who are not subject to criminal liability in accordance with the Criminal Code and the Code of Criminal Procedure, have committed a crime.
The use of other persons in an unlawful act entails increased responsibility. The court takes into account this factor as an aggravating circumstance and increases the term of serving a sentence.
Crime organizer
The organizer of a crime is a citizen who expressed a desire to commit an act, prepared and organized the necessary conditions, and also supervised the commission of a crime. The head of an organized criminal group or community is also called the organizer.
Law enforcement agencies often devote all their efforts to search for the organizers of crimes, since when establishing the whereabouts of a person and his personality, it is possible to solve more than one crime and bring many people to justice.
Instigator
A person who persuades a criminal to commit a guilty act by means of a threat, bribery of money or persuasion is called an instigator.
A citizen exerts mental pressure, resulting in the commission of a crime by another person. The actions of the instigator are punishable by law as well as other accomplices.
Accomplice
An accomplice is a kind of specialist acting intentionally. Aiding is the activity of an accomplice. Persons involved in aiding possess information in a particular area and provide it to criminals for committing acts. So, an accomplice can be recognized as a person who:
- Advised on how best to commit a crime;
- He pointed out the facts, provided the necessary information;
- Prepared or acquired tools;
- hid the guilty person, objects of crime;
- destroyed traces of unlawful acts;
- acquired or sold illegal substances and crime objects.
The status of an accomplice is assigned to a person only if there is evidence that indicates the intent of the citizen.
Aiding is an accomplice’s actions aimed at ensuring the commission of a crime through organizational action.
Excess
In criminal law, there is such a thing as excess. The definition determines the commission by the performer of a crime that does not pursue the interests of the entire group. Therefore, upon sentencing, the actions of a person are evaluated separately, and other participants in the organized criminal group are not punished for the action. For example, when organizing the theft and robbery, one of the participants had the intention to commit the murder. Art. 105 of the Criminal Code (murder) will be charged only to one accused, the rest will be punished for theft and robbery.
Responsibility of accomplices in a crime
The responsibility for the commission of a crime by the accomplices is charged in accordance with Article 33 of the Criminal Code of the Russian Federation. Separately, the fact of committing a crime by all participants at the same time (that is, co-execution of a crime) is considered.
If the investigation revealed a citizen who participated in the commission of an unlawful act, but according to the characteristics it does not fit into any category of accomplices, it is recognized as an organizer, instigator or accomplice.
The perpetrator, who did not finish the crime (not on his own initiative) due to external circumstances, is not prosecuted, unlike other accomplices. The accomplice will also be liable, even if the crime is not brought to an end. In this case, the fact of preparation or attempt will be established.
For aiding under the Criminal Code of the Russian Federation, liability depends on the type of crime committed, as well as the conditions. For example, theft will qualify as a crime of small or medium gravity (depending on the damage), and murder is a particularly serious crime. Therefore, the period to be assigned to an accomplice varies from the type of committed unlawful act.
In addition, it is not uncommon for a person to incite citizens to commit a crime, but these attempts have not been successful. Criminal liability is provided for the above act and is charged under the article "preparation for a crime."
The punishment for aiding is imputed in accordance with Article 33 of the Criminal Code of the Russian Federation.
Types of aiding
This category of complicity differs from incitement by the act itself. That is, there is no part of psychological pressure on other persons.
In addition to the actions established by law, aiding involves:
- transportation of accomplices to the necessary places;
- preparation of the scene of the crime;
- disposal of items that are evidence;
- delivery of the victim;
- preparation for lighting dark places or reverse action;
- the cessation of the movement of vehicles used by the victim of a crime;
- guard and waiting for the end of illegal actions;
- distraction of others.
Inaction can also be related to aiding if the preliminary investigation proves that this entailed (or did not prevent) the commission of a crime.
Aiding sentence
The judicial system of the Russian Federation adequately evaluates the actions of accomplices and holds everyone accountable in accordance with their guilt.
Participation in a crime is an aggravating ground, so you do not need to count on the indulgence of the court. Thus, aiding is an aggravating form of committing a crime. Upon sentencing, taking into account the above, severe punishment will be imposed.
Sentence for aiding under Art. 33 under the Criminal Code of the Russian Federation will be issued in the form of a single document containing an introductory part, which reveals the fact of a crime. The descriptive part of the sentence contains information about each of the accomplices of the crime, their deed, qualification of the crime. In addition, the court establishes extenuating and aggravating circumstances, after which it passes a sentence on each guilty person.
Aiding a crime does not relieve a person of responsibility.