The Forms of Complicity in a Crime 


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The Forms of Complicity in a Crime



1. A crime shall be recognised as committed by a group of persons, if two or more performers jointly participated in its commission without preliminary collusion.

2. A crime shall be recognised as committed by a group of persons under preliminary collusion, if the persons who participated in it earlier agreed on joint commission of a given crime.

3. A crime shall be recognised as committed by an organized group, if it is committed by a stable group of persons who earlier united for the commission of one or several crimes.

4. A crime shall be recognised as committed by a criminal association (criminal organization), if it is committed by a united organized group (organization) which is created for the commission of grave or especially grave crimes, or by an association of organized groups created for the same purposes.

 A person who created an organized group or a criminal association (criminal organization), or who guided them, shall be subject to criminal liability for their organization and guidance in cases stipulated by the relevant articles of the Special Part of the Criminal Code, as well as for all crimes which were committed by a given organized group or a criminal association (criminal organization), if those crimes were covered by his criminal intent. Other participants of an organized group or a criminal association (criminal organization) shall bear criminal liability for participation in them in cases stipulated by the relevant articles of the Special Part of the Criminal Code, as well as for crimes in preparation or the commission of which they participated.

 The creation of an organized group in cases, which are not stipulated by articles of the Special Part of the present Code, shall entail criminal liability for preparation for those crimes for the commission of which it was created.

 

The Concept, purposes and types of punishment

Punishment shall be a measure of state coercion which is appointed pursuant to a court's sentence. Punishment shall apply to a person who was found guilty in the commission of a crime, and it shall consist of imprisonment or restriction of the rights and freedoms of that person which are stipulated by the Criminal Code.

Punishment shall apply for the purpose of restoration of social justice, as well as correction of a given convict, and prevention of the commission of new crimes both by that convict and by other persons. Punishment shall not have as its purpose the infliction of physical sufferings or humiliation upon human dignity.

Types of Punishment

 Persons who were found guilty in the commission of a crime may be subject to the following types of basics punishment:

a) a fine;

b) deprivation of the right to hold a certain office, or to engage in certain activity;

c) engagement in public works;

d) correctional labour;

e) restriction in military service;

f) restriction of freedom;

g) arrest;

h) detention in a disciplinary military unit;

i) deprivation of freedom;

j) capital punishment.

Aside from main types of punishment, convicts may be subjected to the following additional types of punishment:

a) deprivation of a special, military, or honorary rank, class rank, diplomatic rank, or qualification class, and state awards;

b) confiscation of property.

A fine and deprivation of the right to hold a certain position, or to engage in a certain type of activity and attraction to public labour, may be applied either as basics or additional types of punishment.

 

Types of crime

1 Crimes Against a Person (A Murder, Driving Someone to Suicide, Torture, Deliberate Causation of Serious Damage to Health etc.)

2 Crimes Against the Family and Juveniles (Substitution of a Child, Involvement of a Juvenile in Criminal Activity, Divulgation of Secret of Adoption ettc.)

3 Crimes Against the Constitutional and Other Rights and Freedoms of a Man and a Citizen (Violation of Equality of Citizens, Divulgation of a Medical Secret, Violation of Labour Legislation etc.)

4 Crimes Against Peace and Safety of Mankind (Genocide, Ecocide, Employment of Mercenaries etc.)

5 Crimes Against the Basis of the Constitutional Order and the Safety of the State (High Treason, Espionage, Armed Insurrection, Sabotage etc.)

6 Crimes Against Property (Theft, Fraud, Robbery, Extortion etc.)

7 Crimes in the Sphere of Economic Activity (Illegal Entrepreneurship, Illegal Banking Activity, Fraudulent Entrepreneurship, Economic Contraband, Illegal Use of a Trade Mark etc.)

8 Crimes Against the Interests of the Employer in Commercial and Other Organisations (Abuse of Authority, Bribe in a Commercial Context, Dishonest Attitude Towards Obligations etc.)

9 Crimes Against Public Safety and Public Order (Terrorism, Seizure of a Hostage, Banditism, Piracy etc.)

10 Crimes Against the Health of the Population and Morality (Stealing or Extortion of Narcotic or Psychotropic Substances, Violation of Sanitary-Epidemiological Rules, Drawing into Prostitution etc.)

11 Ecological Crimes (Pollution of the Atmosphere, Spoiling of Land, Illegal Hunting etc.)

 (Abandoning a Place of a Traffic Accident, Violation of Rules Existing on Transport, Damaging or Destruction of Pipelines etc.)



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