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2017•Bulletin of the South Ural State University series LawOpen access

ISSUES OF QUALIFICATION OF "ATTEMPTED" COMPLICITY

Tatyana Kukhtina, Irina Beliaeva

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Abstract

The problem of qualification of complicity in a crime is very acute, as in the criminal law this issue is not regulated in sufficient detail, and judicial practice focuses only on general issues with regard to certain types of crimes. This article examines the opinions of scientists on the concept of "attempted complicity", which is not fixed in the criminal legislation of the Russian Federation. The authors formulated the conclusion that the attempted complicity is such circumstances, in which the deliberate joint activity of two or more persons has just begun, has undergone certain changes, and its continuation and further development has become impossible. The article also deals with the issues of responsibility of each accomplice in the "attempted" complicity.

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The problem of qualification of complicity in a crime is very acute, as in the criminal law this issue is not regulated in sufficient detail, and judicial practice focuses only on general issues with regard to certain types of crimes. This article examines the opinions of scientists on the concept of "attempted complicity", which is not fixed in the criminal legislation of the Russian Federation. The authors formulated the conclusion that the attempted complicity is such circumstances, in which the deliberate joint activity of two or more persons has just begun, has undergone certain changes, and its continuation and further development has become impossible. The article also deals with the issues of responsibility of each accomplice in the "attempted" complicity.

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Available abstract

The problem of qualification of complicity in a crime is very acute, as in the criminal law this issue is not regulated in sufficient detail, and judicial practice focuses only on general issues with regard to certain types of crimes. This article examines the opinions of scientists on the concept of "attempted complicity", which is not fixed in the criminal legislation of the Russian Federation. The authors formulated the conclusion that the attempted complicity is such circumstances, in which the deliberate joint activity of two or more persons has just begun, has undergone certain changes, and its continuation and further development has become impossible. The article also deals with the issues of responsibility of each accomplice in the "attempted" complicity.

Key concepts: Complicity, Legislation, Law, Political science, Criminal responsibility, Criminal law, Sociology, Criminology

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