Special aspects of responsibility of the principal offender for commission of the crimes with two forms of guilt

Abstract

In the article the author analyzed the views of scientists on the issue of existence of complicity in the crimes with two forms of guilt. The author drew a conclusion that the confines of complicity as joint intentional participation in commission of intentional crime include nothing else than an act or an act and causation of basic consequence. An aggravated consequence caused by the principal offender through negligence is outside complicity because the joint intent to its commission is absent. The author substantiated the necessity for inculpation an aggravated consequence caused by the principal offender through negligence others accomplices if they had a duty and possibility to envisage it. Determining of the confines of knowing nature of an act of the principal offender of others accomplices as the joint result of their interrelated acts is recognized as prerequisite for inculpation them this consequence. Causation an aggravated consequence through negligence of intentional crime jointly by several persons that had a duty and possibility to envisage it is recognized as jointly causation through negligence. The author suggested examine the subjects of causation this consequence that had a duty and possibility to envisage it not as accomplices but as co-causers, each of them individually liable for its causation. The author distinguished the groups of crimes that have an aggravated consequence which is outside complicity. The author suggested the ways of qualification the crime with two forms of guilt subject to existence of the elements of complicity.