The Excess of the Perpetrator and Other Accomplices of the Crime: Gaps in Criminal Law Regulation and Prospects for Improvement
( Pp. 69-74)

More about authors
Seregina Elena Vladimirovna Cand.Sci.(Law), Associate Professor, Head of the Department of Criminal Law, T
Russian State University of Justice, Rostov branch
Rostov-on-Don, Russia Portnova Maria Sergeevna secretary of the court session
Oktyabrsky District Court of Rostov-on-Don
Rostov-on-Don, Russia
Abstract:
The article analyzes the features of the legislative consolidation of the concept of excess of the performer, identifies gaps in criminal law regulation and justifies the need to eliminate them. The views of scientists on the problem of the legal assessment of the excesses of the perpetrator are investigated; various opinions are compared on the issue of determining the role of causality in the crime committed by accomplices; the possibility of causing negligent consequences by the perpetrator as a result of the commission of an act not covered by the intent of other accomplices is considered.; the problems of qualification of criminal acts in which there is an unclassified intent of an accomplice are studied. Particular attention is paid to the numerous judicial errors in the qualification of the actions of accomplices in the conditions of performance excess. At the same time, the emphasis is placed on the fact that cases of excesses of other accomplices are not covered by the norms of criminal legislation. For a uniform understanding of the theory and practice of the excess of the perpetrator and other accomplices of the crime, the expediency of making changes to the legislative regulation of the institution of complicity is argued.
How to Cite:
Seregina E.V., Portnova M.S., (2022), THE EXCESS OF THE PERPETRATOR AND OTHER ACCOMPLICES OF THE CRIME: GAPS IN CRIMINAL LAW REGULATION AND PROSPECTS FOR IMPROVEMENT. Gaps in Russian Legislation, 1 => 69-74.
Reference list:
Pudovochkin Yu.E. The doctrine of the crime and the composition of the crime. - M.: RGUP, 2017. - 221 p.
Shesler A.V. Complicity in crime: monograph. - Novokuznetsk: FKOU VPO Kuzbass Institute of the Federal Penitentiary Service of Russia, 2014. - 83 p.
Korchagina A.Y. The excess of the perpetrator of the crime: Dis. ... cand. jurid. sciences. - M., 2004- - 196 p.
The course of Soviet criminal law. Part General. Vol. 1 / Ed. Belyaev N.A., Shargorodsky M.D. - L.: Publishing House of Leningrad University, 1968- - 648 p.
Telnov P.F. Responsibility for complicity in a crime. - M.: Legal literature, 1974. - 208 p.
Ushakov A.V. The basis and limits of liability of accomplices in a crime under Soviet criminal law: Abstract of the dissertation of the Candidate. jurid. sciences. - M., 1971. - 17 p.
Belousov I.V. The subject of proof in cases of crimes committed in complicity: monograph. - Voronezh: Voronezh Law Institute of the Ministry of Internal Affairs of Russia, 2004. - 179 p.
Cassation ruling of the Supreme Court of the Russian Federation dated February 20, 2014 No. 58-O14-1sp // SPS «ConsultantPlus».
Trainin A.N. Selected works. - St. Petersburg: Law Center Press, 2004. - 898 p.
Alekseev S. V. Problems of criminal responsibility for crimes committed in the group: Abstract of the dissertation of the candidate. jurid. sciences'. - Tambov, 2006. - 22 p.
Appeal ruling of the Fourth Court of Appeal of General Jurisdiction dated 02.03.2021 in case No.55-56/2021 // SPS «ConsultantPlus».
Kapinus O.S., Obrazhiev K.V. The excess of the perpetrator and other accomplices of the crime: problems of qualification // Criminal law. 2018. No.2. - pp. 42-51.
Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29 of December 27, 2002 «On judicial practice in cases of theft, robbery and robbery» // Bulletin of the Supreme Court of the Russian Federation. 2002. No.5.
Klimenko Yu.A. Rules for the qualification of crimes committed in complicity // Journal of Russian Law. 2017. No. 4. - pp. 112 - 121.
Klimenko Yu.A. The excess of an accomplice in a crime // Judge. 2016. No. 4. - pp. 22-24.
Keywords:
excess of the performer, complicity, accomplices in a crime, act, causal relationship, intent, criminal liability.


Related Articles

1. Theory and history of law and state; History of law and State teachings Pages: 8-10 Issue №4210
ABOUT THE STARTING ISSUE SCIENTIFIC KNOWLEDGE OF LAW
Right theory of law the beginning of the theory relationship act
Show more
10. Financial law; Tax law; Budgetary law; Information Law; Administrative law; Administrative process Pages: 163-166 Issue №2833
Improving the performance of government functions through the messages of the President of Russia
act the state performance the norm Parliament
Show more
4. Employment Law; Right to social security; Land law; Natural resource law; Environmental law; Pages: 167-171 Issue №4539
Problems implementing the principle of guilt in criminal law
the principle of the right wine objective imputation qualification of a crime criminal liability
Show more
8. CRIMINAL LAW (5.1.4.) Pages: 218-226 Issue №20974
Axiological Paradigm of Freedom in the Criminal Code of the Russian Federation (Articles 207.3, 280.3 of the Criminal Code of the Russian Federation)
freedom of speech freedom of opinion criminal liability fear heresy
Show more
9. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 220-223 Issue №18348
Actual problems of the institute of judgment
criminal law criminal record criminal punishment criminal liability release from punishment
Show more
14. Criminal law and criminology; Criminal enforcement law Pages: 198-200 Issue №11740
CRIMINAL LIABILITY OF TEACHERS FOR IMPROPER PERFORMANCE OF PROFESSIONAL DUTIES
job description legal error pedagogical worker criminal liability the careless form of guilt
Show more
6. Criminal; Criminal enforcement law Pages: 155-158 Issue №11188
Regulation of responsibility for complicity in a crime in the form of mediation in bribery
intermediation in bribery complicity in the crime complicity companiesto
Show more
4. Employment Law; Right to social security; Land law; Natural resource law; Environmental law; Pages: 172-174 Issue №4539
Legal problems of the transplantation of human organs and tissues in Russia and foreign countries
health workers transplantation donation biomaterials the removal of organs
Show more
11. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 238-242 Issue №17214
Criminological characteristics of the minors who made the road and transport crimes
juvenile criminal criminology personality act
Show more
11. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Pages: 166-169 Issue №11076
COMPARATIVE LEGAL ANALYSIS OF THE EMERGENCE OF CORPORATIONS IN THE USA AND RUSSIA
Corporation joint-stock company shareholders merchant company trade
Show more