Affiliation is a joint activity of two or more entities for the commission


Affiliation is a joint activity of two or more entities for the commission of an intentional crime, each of which has foreseen its constitutive consequences and has wanted or allowed their occurrence. The subjective connection between the participants consists of the intention. There is no complicity in negligent crimes - in case of independent realization, every subject is responsible for himself.
In the case of "excess" - when the crime committed goes beyond the "general intent" of accomplices (for example, X helps Y to commit theft, but Y uses force, that is to say executes a robbery), everyone is responsible for what he and his own deed objectively and guiltily has contributed to the crime.
In Article 20 of the CC, the types of accomplices are specified:
1. person who participates in the act of execution itself;
2. an instigator who deliberately chose to commit the crime;
3. A helper who has facilitated the commission of a crime through advice, clarification, removal of obstacles, raising funds, promise to provide assistance after committing the act or otherwise.
In the special part of the Criminal Code there are also mentioned other forms of complicity: participation in an anti-state organization or group-art.109NK; organized crime group - Art. (Structured / to some extent / lasting association of three or more persons for the purpose of doing domestically or internationally crimes for which a custodial sentence of more than three years is envisaged), the participation in which is a crime of Article 321 of the Criminal Code, but also a qualifying mark on a number of chambers, and others.
All participants are punished with the penalty provided for a crime committed, taking into account the nature and significance of their participation.
Article 22 (2) contains a normative incentive to exempt the instigator or helper from criminal liability when he, on his own initiative, renounces further involvement and prevents the act from being committed or preventing the occurrence of compelling consequences.
Non-accomplice accomplices are responsible for a crime for which they have contributed, but the implementation is carried out not by them, but by another accomplice-the perpetrator. Therefore, the principle of the lawfulness of crimes under our law states that the responsibility of instigators and helper is determined by the perpetrator's performance. Without the completion or at least the commencement of a crime, the manifestations of these accomplices remain only a preliminary activity, which is generally non-punishable - Article 20 (3 and 4).


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Affiliation is a joint activity of two or more entities for the commission Affiliation is a joint activity of two or more entities for the commission