Is an accomplice a criminal? If not, then who? Definition and types of partners

Crimes are committed daily, and a large number of criminals are arrested daily. However, the perpetrators of the criminal offense may be not only those who committed the action, but also accomplices.

According to the criminal code of the Russian Federation, an accomplice is the one who organized the crime, as well as accomplices and instigators. Customers and initiators are accomplices, they are also responsible for committing a crime. This explains the fact that with contract killings, the blame is assigned not only to the killer, but also to his employer.

The accomplice of the crime and the perpetrator - what is the difference?

Who is the performer

The contractor differs from accomplices in that it is he who performs the illegal action. In this case, there may be several main actors. A heavier sentence is imposed on a group of people, as a group crime is an aggravating circumstance.

Not always in a group crime all persons are perpetrators. If part of the group covered the main offender, or provided assistance, then it is recognized by the group of accomplices.

Organizers

Crime partners

The organizer is the one who developed the crime plan. The accomplice responsible for the organization is the one who is the β€œbrain” of the operation.

Those who lead the crime are the most dangerous criminals, since they lead one or a group of criminals, giving them instructions on how to commit a crime.

The organizers of large criminal gangs are guilty of each crime of their wards, and therefore they are sentenced to the most severe sentence.

Types of activities of the organizer: group gathering, preparation of an action plan, production and provision of crime instruments, and others.

The activities of the organizer are always intentional, since he is aware of the severity of his crimes, has his own intent.

The instigators

An inciting accomplice is one who forced a person to commit a crime. He could do this by bribery, threat, persuasion or violence.

In this form of complicity, only those people who conveyed a specific thought are accused. That is, the criminal was persuaded to perform a specific action in one way or another.

The intent of the offender and the instigator may differ, but it is always direct. Therefore, incitement can only be intentional.

Aides: Types of Aiding

Types of Partners

Aiding is another type of complicity, which, unlike the first two, can be unintentional.

People who cover the criminal are accused of aiding, provide him with the necessary information about the location of a person or other object. Aiding is the covert storage of murder weapons, as well as simple advice to the criminal.

The offender does not take personal part in the commission of the crime. All his actions, as a rule, occur before the action itself.

There are two types of aiding: physical and intellectual.

Physical aiding - providing the necessary tools for a crime (weapons, clothes, various tools, and so on.). In addition, this includes facilitating the crime by removing any obstacles. Financial support is also considered.

Intellectual aiding - providing information on the whereabouts of the object of crime or weapons. Giving advice and guidance, as well as the hidden storage of guns or a promise that the accomplice will hide the criminal. An intelligent accomplice is one who is often called an informant.

Aiding is not always a direct intention, but is almost always considered premeditated. That is, the accomplice may not want to take part in the crime, but agrees to hide the offender. At the same time, the accomplice realizes that this violates the law.

Source: https://habr.com/ru/post/C18555/


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