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FORMS OF COMPLICITY IN CRIME AND THEIR LEGAL
CHARACTERISTICS
Kalbaeva Eldora Uzaqbaevna
Student of the Faculty of Law of Karakalpak
State University named after Berdakh
E-mail: eldorakalbaeva@gmail.com
https://doi.org/10.5281/zenodo.15771014
Annotation:
This article highlights the forms of the institution of complicity
in crime, their specific features, and practical significance. The main attention is
paid to the legal analysis of the forms of complicity in a crime and their
differences. The theoretical foundations of the effective application of the
institution of participation within the framework of existing legislation are also
considered.
Keywords:
criminal act, complicity in crime, social danger, simple
complicity, complex complicity, organized group, criminal association.
Annotatsiya:
Ushbu maqolada jinoyatda ishtirokchilik institutining
shakllari, ularning o‘ziga xos xususiyatlari va amaliy ahamiyati yoritilgan. Asosiy
e’tibor jinoyatda ishtirokchilik shakllarining huquqiy tahliliga va ularning
farqlariga qaratilgan. Shuningdek, amaldagi qonunchilik doirasida ishtirokchilik
institutini samarali qo‘llashning nazariy asoslari ham ko‘rib chiqilgan.
Kalit so‘zlar:
jinoyat harakati, jinoyatda ishtirokchilik, ijtimoiy xavf, oddiy
ishtirokchilik, murakkab ishtirokchilik, tashkil etilgan guruh, jinoyat
birlashmasi.
Аннотация:
В данной статье рассматриваются формы института
соучастия в преступлении, их специфические особенности и практическое
значение. Основное внимание уделено правовому анализу форм соучастия
в преступлении и их различиям. Также рассматриваются теоретические
основы эффективного применения института участия в рамках
действующего законодательства.
Ключевые слова:
преступное деяние, соучастие в преступлении,
общественная опасность, простое соучастие, сложное соучастие,
организованная группа, преступное сообщество.
Today, along with criminal acts committed by individuals, the level of
crimes committed in complicity is also increasing day by day. Therefore, when
imposing punishment for crimes committed in complicity, it is important to pay
attention to its forms - clarity in legislation, and fair punishment.
Article 29 of the Criminal Code of the Republic of Uzbekistan specifies the
following forms of complicity:
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simple complicity;
complex complicity;
organized group;
criminal association [1].
We know that simple complicityon is a form of participation with a lower
level of social danger than other forms of participation. Its distinctive features
are that we can see it in the fact that the persons involved in committing the
crime, without prior agreement on the time and method of committing the
crime, only assist each other in the process of committing the criminal act. Even
if they act together, they do not possess a sign of association. However, in
practice, the damage caused by the crime committed by them exceeds the
damage that a single person can cause.
Complex complicity is the participation of two or more persons in the
commission of a crime by prior conspiracy. A prior conspiracy is an agreement
to commit a crime or engage in criminal activity before the objective side of the
crime is realized [2].
Its necessary element is the collusion of two or more persons before the
commission of the crime, as well as before the commission of the crime specified
in the Special Part of the Criminal Code of the Republic of Uzbekistan by at least
one person.
However, in the theory and practice of criminal law, there is no consensus
on recognizing a group of persons as having conspired in advance. According to
a group of scientists, pre-arranged participation can also be based on
partnership and with the distribution of roles [3]. According to the authors of
another group, this form of participation can only be performed in partnership
[4].
It should be noted that, according to paragraph "m" of Article 56 of the
Criminal Code, the commission of a crime by prior conspiracy is considered an
aggravating circumstance. Also, the commission of a crime by prior conspiracy is
provided for in many articles of the special section of the Criminal Code as a
necessary characteristic of qualification. For example, clause "c" of part 2 of
Article 165, clause "b" of part 2 of Article 168 and others. Based on the
foregoing, it can be said that if the norm of the Special Part of the Criminal Code
does not provide for prior conspiracy as an aggravating circumstance for a crime
committed by a group, the court determines the punishment in accordance with
Article 56 of the Criminal Code.
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In the Criminal Code of the Republic of Uzbekistan and a number of
other legal literature, simple complicity is defined as the commission of a
crime by two or more persons without prior agreement, while complex
complicity is defined as the commission of a crime by two or more persons by
prior agreement.
Despite the fact that Article 29 of the Criminal Code of the Republic of
Uzbekistan mentions simple and complex complicity, practically no article of
the special section of this Code distinguishes between these two forms of
complicity. We can see that the form in which the crime was committed does
not affect the qualification of the crime.
The articles of the special section of the Criminal Code establish that
crimes committed in complicity are considered aggravating circumstances,
and they indicate that the crime is committed only "by a group of persons."
Consequently, we fully agree with the opinion of scholar A.S. Yakubov that "if
in the special section of the Criminal Code the characteristic of the corpus
delicti is given as "a group of persons," then it includes simple and complex
types of complicity, the degree of social danger of this crime is primarily
related to the commission of the crime by the legislator, regardless of
whether the crime is committed by two or more persons by prior conspiracy
or not" [5].
Forms of complicity in a crime are one of the important institutions of
criminal law, which serve to determine how several persons participated in
the commission of a crime. Each of these forms has its own characteristics
and is defined by specific criteria in the legislation. The correct
understanding and legal interpretation of these forms plays a crucial role in
determining criminal liability.
Also, in some articles of the special section of the Criminal Code of the
Republic of Uzbekistan, complicity is indicated as a necessary characteristic
of the qualification of a crime. For example, in crimes related to theft of
another's property (Articles 164-169 of the Criminal Code), complicity is also
defined as a necessary element.
Another form of complicity is an organized group, in which two or more
persons preliminarily unite into one group to carry out criminal activity.
The main features of an organized group are:
preliminary agreement;
stability;
distribution of responsibilities;
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for the purpose of committing a series of crimes.
The formation of an organized group of persons engaged in criminal
activity is qualified as aggravating the punishment. A criminal act is
understood as the commission of several crimes by the participants in the
crime. Members of this group, regardless of their duties, must be held
criminally liable for all crimes committed if they participated in its
preparation.
The most dangerous type of complicity is a criminal association, which is
a preliminary conspiracy of two or more organized groups to engage in
criminal activity.
A criminal association differs from other types of participation in such
aspects as high association, stability, the level of provision with technical
means, and the joint decisive action of its members. Its danger is determined
by the quality and severity of the crime committed. Article 242 of the
Criminal Code of the Republic of Uzbekistan defines the creation of a criminal
community as a separate crime.
In conclusion, forms of involvement in a crime are one of the important
institutions of criminal law, which serve to determine how several persons
participated in the commission of a crime. Each of these forms has its own
characteristics and is defined by specific criteria in the legislation. The correct
understanding and legal interpretation of these forms plays a crucial role in
determining criminal liability.
References:
1.
Ўзбекистон
Республикаси
Жиноят
кодекси
https://www.lex.uz/acts/111453
2.
Jınayat huqıqı (ulıwma bólim) sabaqlıq – Nókis: "Qaraqalpaqstan", 2019-
jıl. – 218 b.
3.
Уголовное право. Учебник. Т. 1. – М., 2005.
4.
Галимов И.Г., Сундуров М.Ф. Организованная преступность:
тенденции, проблемы,решения. Казань, 1998. С. 33.
5.
Жиноят ҳуқуқи. Умумий қисм. Дарслик. – Тошкент, 2005. – Б 239
