Headings
...

Art. 35 of the Criminal Code of the Russian Federation Commission of a crime by a group of persons, a group of persons by prior conspiracy. Arbitrage practice

In the investigation of acts committed by several persons, the most important issue is the division of complicity of the subjects into forms. As a criterion for such a division acts the moment of occurrence of collusion. Accordingly, co-execution may be subject to prior agreement or may be carried out without it. The features of these forms of complicity are disclosed in Art. 35 CC. Consider its position. Article 35 UK

Collusion Forms

How to install in h. 1 tbsp. 35 CC, a group of persons is considered involved in the act if 2 or more performers participated in the commission, and there was no preliminary agreement between them. If there was a conspiracy about joint unlawful actions, then they are recognized as committed by a group of persons by prior conspiracy. This form of complicity establishes h. 2 tbsp. 35 CC.

Organized is a stable group of people who have united in advance to commit an unlawful act or several assaults. A criminal organization (community) is a structured group (group of groups), whose members are under the same leadership and are united to commit serious / especially serious acts in order to extract direct or indirect material (including financial) benefits. st 35 uk rf

Responsibility Features

In the new edition of Art. 35 of the Criminal Code it is established that the entity that created the criminal community or organized group or led it is punished for organizing and directing in the cases established by the norms of 208-210, 205.4, 282.1 of the Criminal Code, for all acts committed by members of these associations, if they were covered by its intent .

The remaining members of criminal groups are held liable for participation in the offenses provided for by the above articles, as well as for other unlawful acts, to the commission / preparation of which they were involved.

Additionally

According to Art. 35 of the Criminal Code, the formation of a criminal group (organization) in cases not established in the Special Part shall entail responsibility for preparing for those assaults for the accomplishment of which the partners united.

The participation of several entities, including by prior conspiracy, entails more stringent criminal sanctions to the extent and on the grounds established by the Code.

Art. 35 of the Criminal Code with comments

The criminal legal significance of the classification of complicity lies in the fact that the named forms and types either appear as mandatory signs of an act, or as qualifying or aggravating circumstances. st 35 uk rf with comments

In the first part Art. 35 CC definition of complicity is given without prior agreement. This form of complicity is considered the least dangerous and the most common. In such cases, the behavior of individuals in a group is the least consistent. Subjects execute a crime together and act as accomplices.

AT court practice under Art. 35 of the Criminal Code rape is recognized as a group, involving not only the actions of the perpetrators who have directly committed sexual intercourse, but also the assistance of other persons who assisted them through mental or physical coercion of the victim. Accordingly, the actions of the latter are qualified in the case of gang rape as co-execution.

When committing a group act, the objective side may be performed by one or more subjects; each person can fulfill a part of the objective side.

Preliminary conspiracy

It and its varieties are described in parts 2-4 Art. 35 CC. When qualifying for complicity, the circumstances of the crime should be comprehensively assessed and the presence of collusion revealed in them. Consider an example. h 1 st 35 uk

The subject participated in the murder of a citizen after the commission of other, previously conspiring guilty acts, the immediate purpose of which was the deprivation of the victim's life. After beating and inflicting multiple blows to the fallen knife in the neck and chest with accomplices, the subject carried it to the containers. There, he struck the victim with boards on the head and body with the aim of killing. In this case, the qualification of his actions as a group murder by prior conspiracy is excluded.

Role distribution

None in Art. 35 of the Criminal Code, there is no indication in other criminal norms of limiting the number of persons who may participate in a group act by prior conspiracy. Accordingly, in addition to co-execution, there may be a distribution of roles in the crime.

For example, a preliminary conspiracy to kill involves an agreement of several citizens, expressed in any form, which took place before the start of actions aimed directly at depriving the victim of his life. In addition to co-executors, the group may also include organizers, instigators, and accomplices. When identifying the respective roles, the actions of the persons who performed them fall under the corresponding part of article 33 and paragraph "g" of part 2 of the norm of the Criminal Code.

However, aiding in itself is not recognized as a qualifying circumstance provided for in paragraph "g". For example, one of the members of the group lured the victim to a secluded place, but did not directly participate in the deprivation of his life. In this case, if there are no signs of other crimes in the actions, they are qualified according to the relevant part 33 of the article.h 2 st 35 uk

Nuances

The act will be deemed to be committed by prior conspiracy, regardless of the fact that the persons were not held liable due to failure to reach the appropriate age or because of insanity. In such situations, the court must examine the intent of each member of the group.

For example, robbery is qualified as committed by previously conspiring subjects, if the intent of each covered the use of actions that pose a threat to the health / life of the victim. It must be borne in mind that coordination in actions does not mean that there is a preliminary conspiracy.

Signs of agreement

The conspiracy is recognized as preliminary if it took place before the commencement of actions constituting the objective part of the act. The need to establish the availability, time and place of agreement is determined by the importance of distinguishing between group crimes.

The content (volume) of the conspiracy may be different. Subjects can discuss specific elements of the assault, an action plan. Collusion may cover an act only in general terms. Article 35 of the Russian Federation judicial practice

Organized group

It is distinguished from the group of perpetrators who previously agreed on a crime, the stability of the structure. Thus, persons unite for a longer period to carry out several acts or one, but requiring lengthy preparation or involving difficulty in execution.

Organization should be considered the subordination of some participants to others, the determination to jointly achieve criminal goals. Moreover, the volume of participation of each subject may be different. Individual members of the group can perform only part of the actions: breaking locks, guarding the place of the attack, accepting stolen valuables, etc. Other persons may search for victims of the attack.It must be borne in mind that even if such actions do not go beyond aiding, but stable ties with other partners are clearly expressed, then they are regarded as co-execution. Accordingly, the provisions of article 33 of the Criminal Code are not applicable.  st 35 uk rf in the new edition

Gang

This concept falls within the definition of an organized group. At the same time, the gang is distinguished by two mandatory signs: armament and the presence of criminal goals. In this case, the attack will be declared valid even when the weapon was not used by persons. Criminal targets are attacks (attacks) on organizations and citizens.

Sustainability in such cases involves the stability of the composition, the use of certain methods and forms of unlawful activity, the close relationship between partners, the consistency of behavior.


Add a comment
×
×
Are you sure you want to delete the comment?
Delete
×
Reason for complaint

Business

Success stories

Equipment