Art. 33 of the Criminal Code. Types of accomplices in crime

Depending on the function that the participants in the crime are endowed with, criminal law separates the perpetrators, instigators, organizers and accomplices. In the Criminal Code there is an article that explains these categories. Let's consider in detail the existing types of accomplices in the crime.

Executor

In part 1 of Art. 33 of the Criminal Code defines who is guilty of an unlawful act. The first subject is the singer. They are considered to be a citizen who has directly committed a crime or participated in illegal activities together with others. For example, as the executor of the theft is not only the subject who seized property from the homeownership of the victim, but also the one who broke the door for this. The perpetrator of the murder is not only the person who struck the last blow, but also the one who held the victim. The executor is also considered to be a person who has carried out unlawful acts by using other persons who are not liable under criminal law because of insanity, age and other circumstances established in the code.

Arbitrage practice

Concerning certain crimes, the possibility of a group act is recognized in cases when it is committed not only by a subject that meets the requirements of the law to prosecute, but also persons who do not correspond to them. Such situations, for example, include group rape, robbery of several intruders by their previous conspiracy. The Plenum of the Armed Forces in its Resolution gave explanations for such cases. In particular, the behavior of the subject who participated in group rape is subject to qualification in the composition of the relevant article, regardless of the fact that other persons, either because of their age or insanity, or in accordance with the requirements of the article with respect to minors, or for other reasons were not involved To account.

Art. 33, part 3 of the Criminal Code of the Russian Federation

This part explains the concept of the organizers of the deeds. As a subject of Art. 33 of the Criminal Code calls the person:

1. Managed the implementation of illegal activities.
2. The organizer of the crime.
3. Created a group, an organization, a community for committing wrongdoings or directing them.

The organizer is recognized as the most dangerous accomplice in a crime. His actions may consist in developing an action plan, involving other persons 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 inclined another person to commit an illegal act. In this case, bribery, persuasion, threat or other method can be used. The instigator, thus, causes in another person the intention to carry out unlawful actions. Declination to unlawful behavior is qualified under Art. 33 of the Criminal Code of the Russian Federation, if directed at a sane subject who has reached the age of prosecution under criminal law.

The incitement of a minor

This act, besides the main one, also forms an independent composition. A subject who has inclined a minor or an insane citizen to commit a crime is, as said above, not an instigator, but an executor. In such cases, a teenager or other person not subject to liability is acting as a kind of means or instrument of an illegal act. Thus, the instigator is regarded as the executor.

Art. 33, part 5 of the Criminal Code of the Russian Federation

This part defines the accomplice. As such a subject is a person who facilitated 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 refers to a person who eliminates obstacles to the commission of illegal actions by someone or traces left after that, promised in advance to conceal the means, tools or the guilty person himself, 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 to carry out illegal actions, remove obstacles and obtain the necessary data. For example, an acrimony is called aiding when someone tells intruders that there are no owners in the apartment. This allows for hacking and theft. In addition, according to Art. 33 of the Criminal Code qualifies this promise in advance to conceal the guilty, the tools or the means used in the implementation of illegal actions. In this case, the person, knowing of the intentions of another person, contributes to the completion of the act. In the same aspect, actions that are expressed in a promise to sell or acquire crime items are considered.

Physical Aid

It can be expressed in the performance of various actions. For example, it could be:

• Provision to the offender of the necessary tools or means for the subsequent commission of acts. For example, the transfer of weapons to persons planning a robbery.
• Elimination of obstacles. It is about creating the necessary conditions that are favorable for the commission of a crime. For example, it can be a power outage in the apartment, damage to the alarm system and so on.

Physical aiding is also in the case when the "assistant" monitors the situation for the timely prevention of intruders of possible interference by unauthorized persons. Unlike intellectual assistance, it can be expressed both in the form of an action and as an inaction. According to the decision of the Arbitration Court of the Armed Forces, the aiding act provides knowledge and knowledge of such subjects about the actions of intruders. Thus, the guilty person realizes that he is helping others in the commission of a particular deed, foresees his general result, consciously admits or wishes his offense.