Institution of Complicity in a Crime: Comparative-Legal Interpretation

Gennady  Nazarenko; Alexandra  Sitnikova; Andrey  Baybarin

Gennady Nazarenko Southwest State University
Alexandra Sitnikova Southwest State University
Andrey Baybarin Southwest State University

Keywords: institution of complicity in a crime, criminal design traits, differentiation of accomplices, innovative legislative and textual approach, comparative legal interpretation

Abstract

The objective of the study was to identify the design patterns and distinctive features of the institution of complicity in a crime in certain criminal laws. The methodology was based on the use of legislative interpretation operations and techniques such as the hermeneutics of criminal texts, which allows to identify the structural, constructive, and substantive features of the rules on complicity in a crime. The scientific novelty of the work lies in the textological approach of the criminal-legal regulations of the institution of complicity. This approach allows to interpret the standards in a comparative aspect, taking into account the deep level of their construction. Among the results obtained are:(1) the inclusion of complicity rules in other criminal law institutions is an unjustified design technique; (2) the absence of a complex of titles in the institution of complicity reduces the level of quality of this institution; (3) the presence of definitive rules in the institution of complicity significantly increases its quality; (4) the differentiation of accomplices in crime should not be excessive and arbitrary; (5) the rules on attempted complicity in a crime increase the preventive potential of criminal law.

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Author Biographies

Gennady Nazarenko, Southwest State University

Department of Criminal Law of the Southwest State University, Kursk, Russian Federation. ORCID ID:

Alexandra Sitnikova, Southwest State University

Department of Criminal Law of the Southwest State University, Kursk, Russian Federation. ORCID:

Andrey Baybarin, Southwest State University

Department of Criminal Law of the Southwest State University, Kursk, Russian Federation. ORCID:

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