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The Perpetrator of the Crime in Complicity and without Complicity: A Universal Role in the Diversity of Legal Constructions by D. M. Molchanov is a Social Sciences article available to read on EtoBox.

What is The Perpetrator of the Crime in Complicity and without Complicity: A Universal Role in the Diversity of Legal Constructions about?

A comprehensive study of the perpetrator’s role leads to the following conclusions: “perpetrator of the crime” is a universal term used to describe an act that constitutes an objective element of the crime committed both in complicity and without complicity. Four alternatives to the actions of the perpetrator exist: executor who performed the objective element alone, an accomplice who performed the objective element with other accomplices, an indirect perpetrator, an indirect accomplice. Other ways to qualify person’s act as a perpetrator are based not on the law, but on the recommendations of the Plenum of the Supreme Court of the Russian Federation that de facto acquired the status of the provisions of the Criminal Code of the Russian Federation (joint participation in the organized group, joint participation in a crime with “technical distribution of roles”). The main element of the act of the perpetrator includes the fulfillment of the objective element described in the disposition of the article of the Special Part. The content of the objective element of a particular crime does not depend on the existence of complicity, hence the term “perpetrator” is applicable to any crime

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Author

D. M. Molchanov

Publisher

Kutafin Moscow State Law University

Published

2021

Language

EN

Field

Social Sciences