Appointment of punishment for a crime committed in...

Assignment of punishment for a crime committed in complicity

1. When assigning punishment for a crime committed in complicity, the nature and degree of the person's actual participation in the commission, the significance of this participation for the achievement of the crime's purpose, its influence on the nature and extent of the harm caused or possible are taken into account.

2. Mitigating or aggravating circumstances relating to the identity of one of the accomplices are taken into account when assigning punishment only to this accomplice.

1. As a general rule, all accomplices in a crime are equally responsible for the committed criminal act. However, punishment is assigned individually to each participant in the crime. Co-executors, as a rule, bear a more severe responsibility than other accomplices (organizer, instigator, accomplice) who do not take direct part in the execution of the crime itself, but the role of the organizer or instigator is sometimes no less dangerous than the perpetrator of the crime. The court, when imposing punishment, should distinguish between the degree of public danger that each of the accomplices has committed, all mitigating and aggravating circumstances.

2. A special circumstance in assigning punishment to accomplices of a crime is the fact that one of them committed acts that were not covered by the intent of the other accomplices (the excess of the performer). In this case, the keeper himself is responsible for the excess, and the other accomplices are only for actions that were covered by their intent. When assigning punishment, it is important that each partner's attitude to the nature and extent of the harm caused or possible. For example, an accomplice at the time of the commission of a crime prevented more serious harm, and during the investigation of the case and its consideration in court took an active part in the disclosure of the crime, in compensation for the damage caused or compensation for moral harm.

3. When assigning punishment to accomplices of a crime, data characterizing the personality and position of each of them should be taken into account. And mitigating or aggravating circumstances relating to the identity of one of the accomplices are taken into account when assigning punishment only to this accomplice. For example, the theft is committed by two accomplices, but one commits a crime for the first time, the other for a dangerous recurrence; involvement of a minor in committing a crime by adults.

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