Criminal conspiracy as an essential characteristic of complicity

Abstract

In the article the author substantiated the recognition of the criminal conspiracy as an essential characteristic of complicity. The author made findings that participants of the criminal conspiracy cannot always be recognized as accomplices. As a result the author separated the criminal conspiracy between the subjects of crime without characteristics of complicity from the criminal conspiracy between accomplices. The author drew a conclusion that the participants of the criminal conspiracy become accomplices if an act of each of them has characteristics of an act provided for by the corresponding part of Art. 27 of the Criminal Code of Ukraine. The author substantiated that to achieve the criminal conspiracy of the principal offender is not required to commit an act which forms objective side of actus reus but is enough to coordinate the intent to execute role of the principal offender with another participant of criminal conspiracy by committing this participant an act provided for by the corresponding part of Art. 27 of the Criminal Code of Ukraine or to give consent in consequence of inducement to commit it. If the crime is committed by the co-principal offenders there is no need to separate the criminal conspiracy between the subjects of crime without characteristics of complicity from the criminal conspiracy between accomplices because only one criminal conspiracy can be achieved between the co-principal offenders – the criminal conspiracy between accomplices. The author substantiated that complicity in course of preparation of crime may arise before searching of the principal offender when other accomplices provided conditions for committing a crime and then attracted the principal offender for committing an act which forms objective side of actus reus.