Special rules for strengthening punishment for a crime committed in complicity under the Criminal Code of the Russian Federation: legal and social conditionality

Том 7 (2022), № 2-3, с. 130–141

[ JURIDICAL SCIENCES ]

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Abstract:

The article is devoted to the circumstances aggravating the punishment provided for in Part 1 of Article 63 of the Criminal Code of the Russian Federation, which are applied when imposing punishment for a crime committed in complicity. In relation to Part 1 of Article 67 of the Criminal Code of the Russian Federation, these circumstances act as special rules, since they cover individual private cases of committing a crime in complicity. Moreover, these are the cases that significantly increase the public danger of the crime being committed. The increased degree of public danger of what has been done acts as a social basis for increasing punishability in accordance with Article 63 of the Criminal Code of the Russian Federation. Although the commission of a crime in complicity in itself is not considered an aggravating circumstance, but its individual manifestations are such. The legal validity of increased punishment is represented by separate provisions of Chapter 7 of the Criminal Code of the Russian Federation, as well as Article 67 of the Criminal Code of the Russian Federation, and other criminal law norms, including the principles of legality and justice. The subject of the study is the patterns of interrelation and interaction of criminal law norms, according to which the existence and content of some norms are conditioned by the presence and content of others. The methodology used is the formal legal method, the method of systematic interpretation of law. As a result of the research presented in the article, the author comes to the conclusion that special rules for strengthening punishment for a crime committed in complicity are socially and legally justified, and ensure the implementation of the principles of legality and justice, as well as the requirements of a strictly individual approach to sentencing.

Keywords:

complicity in a crime, sentencing, aggravating circumstances, degree of public danger, the role of a person in a crime

Author:

Egor A. Kulikov
Altai State University, Barnaul, Russian Federation

For citation:

Kulikov E. A. (2022) Special rules for strengthening punishment for a crime committed in complicity under the Criminal Code of the Russian Federation: legal and social conditionality. Sotsial’naya kompetentnost’ = Social Competence. Vol. 7. No. 2-3. Р. 130-141. (In Russ.)

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