Библиографическое описание статьи для цитирования:
Ярослав Трусов. Проблемні питання кримінальної відповідальності у співучасті//Наука онлайн: Международный научный электронный журнал. - 2021. - №11. - https://nauka-online.com/publications/yurisprudentsiya/2021/11/03-4/
(English) According to the current legislation of Ukraine, namely Article 26 of the Criminal Code of Ukraine, complicity is the intentional joint participation of several subjects of a crime in the commission of an intentional crime . Based on this definition, Ukrainian doctrine distinguishes both subjective and objective signs of complicity in criminal law.
From the objective point of view, the indispensable feature of complicity is the participation in one crime of two or more subjects (individuals) who have reached the age of criminal responsibility and were sane at the time of the crime. This is a quantitative sign of complicity.
A qualitative feature of complicity is the commonality of actions of the participants, which is as follows:
1) a criminal offense is the result of the joint efforts of all accomplices;
2) the socially dangerous consequence (in relation to crimes of material composition) is unique and indivisible in relation to all participants and is blamed on each of them regardless of the role he played in the commission of the crime;
3) the causal link between the actions of all participants and the objective side of the crime committed by the perpetrator, the joint result would not be achieved without the actions of all participants.
The subjective side of complicity is always characterized by the intentional form of guilt of all participants. The intention of the accomplices must be common and enshrined in reaching an agreement between them. If the conspiracy does not take place, there will be no complicity. Ways to achieve conspiracy in complicity can be any: oral, written, by committing implicit actions, the use of technical means (telephone, Internet), etc. For complicity, the way to reach a conspiracy does not matter, the main role here is played by common intent. Intention in complicity is usually direct, but in some cases complicity with indirect intent is possible. The motives and purpose of the participants may not coincide. They are of no fundamental importance for the presence of complicity.
According to Part 1 of Article 27 of the Criminal Code of Ukraine, the accomplices of the crime are: perpetrator, organizer, instigator and accomplice . Sometimes in practice such a person is singled out as the initiator of a crime. However, the initiator is almost always such an entity as the instigator or organizer of the crime, so the Ukrainian legislator did not resort to identifying the initiator as an independent accomplice to the crime.
This article explains the forms of complicity in criminal law in several areas: as the main feature of the crime; as a qualifying feature; as an aggravating sign, focuses on the problems of such areas. Draws attention to the signs of the form of complicity and problematic issues regarding them.