St. 33 OF THE CRIMINAL CODE. Types of accomplices of a crime

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2018-05-11 03:00:30

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Depending on the function assigned to the participants in the crime, the criminal law shares the executors, instigators, organizers and accomplices. In the UK there is an article that explains these categories. We next consider in detail the existing types of accomplices. article 33 of the criminal code

Executor

In part 1 of article 33 of the criminal code defined, who is guilty of wrongful act. First the subject is named executor. It is considered to be a citizen who directly committed a crime or participated in illegal actions together with others. For example, as the perpetrator of the theft is not only the subject, seizing the property of the household of the victim, but also one who is for this broke down the door. Guilty of murder is not only the person, who inflicted the final blow, but the one who held the victim down. The contractor also considered the subject carried out the illegal acts through the use of other persons that are not subject to liability under the criminal law by reason of insanity, age, and other circumstances specified in the code.

Court practice

Regarding some of the crimes recognized, the group acts in cases where it makes not only the subject that meets the requirements of the legislation on prosecution, but on the face, they are not appropriate. For such situations, for example, include gang rape, robbery several criminals according to their prior agreement. The Plenum of the armed forces in its Ruling gave an explanation on such cases. In particular, the behavior of an entity participating in the gang rape, shall be qualifications on the composition of the relevant article, regardless of that other person or because of their age or insanity, or in accordance with the requirements of article against a minor, or for other circumstances was not brought to justice. St 33, CH 5 of the criminal code

St. 33, part 3 of criminal code

In this section explained the concept of organizers of acts. As the subject of article 33 of the criminal code calls the person:

  1. Led the implementation of illegal acts.
  2. Organized crime.
  3. To create a group, organization, community to commit unlawful acts, or directed them.

Organizer is the most dangerous accomplice of the crime. His actions may be to develop a plan, act, attraction of other persons to and the distribution of functions between them, and guide the direct implementation of illegal actions and so on.

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Instigator

As this subject under article 33 of the criminal code will be considered a person who inclined another person to commit illegal acts. You can also use bribery, persuasion, threat or another way. The instigator, thus, raises in another person an intention to carry out illegal actions. Inducement to illegal behavior is qualified by article 33 of the criminal code, if directed to the alleged subject of the age of accountability under the criminal law. article 33, part 3 of the criminal code

Solicitation of a minor

This act, except the main, and forms an independent structure. The subject who incites a minor or insane citizen to commit a crime, it is believed, as was said above, not the instigator and the executor. In such cases, the adolescent or another person is not subject to prosecution, it acts as a kind of means or instruments of the unlawful act. The instigator, thus, is considered as the performer.

St. 33, part 5 of the criminal code

In this part of the definition of accomplice. As such entity acts as the person who facilitated the Commission of illegal acts. This can be done by providing specific information, instructions, advice, tools or means. St. 33, part 5 of the criminal code calls an accomplice of a person who eliminates barriers to making someone's illegal actions or traces, remaining thereafter, in advance promising to hide the tools, instruments or the perpetrator, to hide or sell the items obtained in the course of acts. h 1 of article 33 of the criminal code

Intellectual complicity

It is to provide information, guidelines and recommendations relating to the Commission of the crime. This information helps others to carry out illegal actions to remove barriers and obtain the necessary data. For example, the intellectual is called aiding and abetting, when someone tells attackers about the absence of the owners in the apartment. This allows you to commit burglary and theft. In addition, article 33 of the criminal code qualifies the promise in advance to hide the perpetrator, the weapon or means used in implementing the illegal action. In this case, the person knowing the intentions of another person, contributes to the completion of the act. In this aspect deals with actions, as expressed in the promise to sell or purchase items for the crime.

Physical aiding

It might be to commit a variety of actions. For example, it can be:

  • Giving the offender the necessary tools or means for subsequentthe Commission of the acts. For example, the transfer of weapons to persons who plan a robbery.
  • Removing obstacles. It is about generating the necessary conditions conducive to the Commission of a crime. For example, it may be a power outage in the apartment, damage signaling and so on.

types of accomplices

Physical is called aiding and in the case where the "assistant" carries out monitoring of the situation for early warning of intruders on the likely interference of unauthorized persons. In contrast to the intelligent assistance it can be expressed in the form of the action, and inaction. By order of the Judicial chamber of the Supreme court, aiding provides for notorious knowledge, the awareness of such entities on the actions of intruders. Thus, the guilty party is aware that it helps others in the Commission of specific acts, foresees the result, knowingly admits or wishes of its occurrence.


Article in other languages:

AR: https://tostpost.com/ar/the-law/10993-33.html

BE: https://tostpost.com/be/zakon/19701-st-33-kk-rf-v-dy-sa-dzel-n-ka-zlachynstva.html

DE: https://tostpost.com/de/das-gesetz/19707-st-33-des-strafgesetzbuches-arten-von-partnern-verbrechen.html

ES: https://tostpost.com/es/la-ley/19720-art-33-del-c-digo-penal-tipos-de-c-mplices.html

HI: https://tostpost.com/hi/the-law/11007-33.html

JA: https://tostpost.com/ja/the-law/11007-33.html

KK: https://tostpost.com/kk/za/19698-st-33-rf-k-ylmys-a-atysushylardy-t-rler.html

PL: https://tostpost.com/pl/prawo/19667-art-33-kodeksu-karnego-rodzaje-wsp-lnik-w-zbrodni.html

PT: https://tostpost.com/pt/a-lei/19670-art-33-do-c-digo-penal-tipos-de-s-cios-do-crime.html

TR: https://tostpost.com/tr/hukuk/19704-madde-33-ceza-kanunu-nun-t-rl-su-ortaklar.html

UK: https://tostpost.com/uk/zakon/19687-st-33-kk-rf-vidi-sp-vuchasnik-v-zlochinu.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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