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Author

Sharapov R.D.

Title of article

Joint criminal activity with no evidence of complicity: implication in a crime, participation in a crime without joint intent

Section

Criminal Law

Issue, year

4 (34) 2015

Abstract

Criminal law characteristics of implication in crime and participation in crime involving persons having no joint intent as forms of joint criminal activity of several persons with no evidence of complicity is given. Their common feature is that each of these forms differs from complicity in crime by lack of any objective or subjective element. Grounds for criminal liability of persons guilty of criminal implication to another crime as well as types of such implication are analyzed. Implication in crime is generally defined as committing intended crime by one person in connection with the crime committed by another person, but without any causation. Three forms of implication in crime have criminal legal meaning: concealment of crime, condoning crime, failure to report a crime. The peculiarity of participation in crime involving persons having no joint intent is that the criminal result of deliberate crime is really achieved by joint efforts of several persons, but only one of the participants is aware of this fact. Criminal liability of persons acting in the shadows as “organizers”, “instigators” or “accomplices”, whose objective assistance is not perceived by the perpetrator as intentional facilitation of crime commission, is possible if their actions (omission) actually have separate elements of crime. For example: abuse of power (Article 201 of the RF Criminal Code), abuse of authority (Article 285 of the RF Criminal Code), abandonment in danger (Article 125 of the RF Criminal Code), concealment of crime (Article 316 of the RF Criminal Code), etc.

Keywords

implication in a crime, participation in a crime, joint criminal activity, joint intent, concealment, condoning.

References

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2. Byulleten’ Verkhovnogo Suda RF [Bulletin of the Supreme Court]. 1995, no. 10.

3. Lapunin M.M. Vtorichnaya prestupnaya deyatel’nost’: ponyatie, vidy, problemy kvalifikatsii, kriminalizatsii i penalizatsii [Secondary criminal activity: concept, types, problems of qualification, criminalization and penalization]. Moscow, 2006. 240 p.

4. Byulleten’ Verkhovnogo Suda RF [Bulletin of the Supreme Court]. 2013, no. 9.