Depending on the function entrusted to the participants in the crime, criminal law divides performers, instigators, organizers and accomplices. There is an article in the Criminal Code that clarifies these categories. Let us further consider in detail the existing types of accomplices in the crime.
Executor
In h. 1 Article. 33 of the Criminal Code of the Russian Federation determines who is guilty of an unlawful act. The first subject is the performer. He is considered a citizen who directly committed a crime or participated in the implementation of illegal actions together with others. For example, the perpetrator of the theft is not only the subject who seized property from the victim's household, but also the one who broke the door for this. Not only the person who inflicted the last blow, but also the one who held the victim is guilty of the murder. The contractor is also considered the entity that has committed illegal acts through the use of other persons who are not subject to liability under the criminal law because of the insanity, age and other circumstances established in the code.
Arbitrage practice
Regarding some crimes, the possibility of a group act is recognized in cases when it is committed not only by an entity that meets the requirements of the law to hold accountable, but also persons who do not correspond to them. Such situations, for example, include gang rape, robbery by several attackers in their preliminary conspiracy. The Plenum of the Armed Forces in its Resolution clarified such cases. In particular, the behavior of the subject who participated in the gang rape is subject to qualification in the composition of the relevant article, regardless of the fact that other persons, either due to their age or insanity, or in accordance with the requirements of the article in relation to minors, or due to other circumstances to accountability.
Art. 33, part 3 of the Criminal Code
In this part, the concept of organizers of acts is explained. As a subject of Art. 33 of the Criminal Code calls the person:
- Supervised the execution of illegal activities.
- Organizing a crime.
- Created a group, organization, community for the commission of unlawful acts or led them.
The organizer is recognized as the most dangerous accessory to the crime. His actions may consist in developing a plan of action, involving others in and distributing functions between them, directing the direct implementation of illegal actions, and so on.
Instigator
As this subject under Art. 33 of the Criminal Code will be considered a person who persuaded another person to commit an illegal act. In this case, bribery, persuasion, threat or another method may be used. The instigator thus provokes in another person the intention to carry out unlawful actions. Inclusion to illegal behavior is qualified under Art. 33 of the Criminal Code, if directed at a sane subject who has reached the age of prosecution under criminal law.
The incitement of a minor
This act, apart from the main one, also forms an independent composition. The subject who persuaded a minor or insane citizen to commit a crime is considered, as was said above, not an instigator, but a performer. In such cases, a teenager or other person who is not subject to prosecution acts as a peculiar means or instrument of an illegal act. The instigator is thus regarded as a performer.
Art. 33, part 5 of the Criminal Code
This part defines the accomplice. As such a subject acts a person who contributed to the commission of an unlawful act. This can be done by providing certain information, directions, advice, tools or tools. Art. 33, part 5 of the Criminal Code of the Russian Federation also calls an accomplice a person who removes obstacles to someone’s illegal actions or the traces left after that, who promised to hide funds, tools or the guilty person in advance, to hide or sell items obtained during the act.
Intellectual aiding
It consists in providing information, instructions, recommendations regarding the commission of a crime. This information helps other entities take illegal actions, remove obstacles, and obtain the necessary data. For example, aiding is called intellectual when someone informs attackers about the absence of owners in the apartment. This allows you to hack and steal. In addition, under Art. 33 of the Criminal Code of the Russian Federation qualifies this promise in advance to hide the guilty party, tools or means used in carrying out illegal actions. In this case, the person, knowing about the intentions of another person, contributes to the completion of the act. In the same aspect, actions are considered that are expressed in a promise to sell or acquire objects of crime.
Physical aiding
It can be expressed in the performance of various actions. For example, it could be:
- Providing the criminal with the necessary tools or means for the subsequent commission of acts. For example, the transfer of weapons to people planning a robbery.
- Elimination of obstacles. We are talking about the formation of the necessary conditions favorable for the commission of a crime. For example, it may be a blackout in the apartment, damage to the alarm, and so on.
Aiding is called physical in the case when the "assistant" monitors the situation to timely warn attackers about the likely interference of unauthorized persons. In contrast to intellectual assistance, it can be expressed both in the form of action and as inaction. According to the decision of the Judicial Collegium of the Armed Forces, aiding provides for deliberate knowledge, awareness of such entities about the actions of attackers. Thus, the culprit realizes that it helps others to commit a specific act, anticipates its general result, consciously admits or wishes its onset.