Article 23. Causation of Damage Without Guilt

1. An act shall be recognised as committed without guilt, if acts (their omission) and the emerged publicly dangerous consequences were not intended by a given person, and criminal liability for the commission of such an act, and for the causation of publicly dangerous circumstances, by negligence is not stipulated by the present Code.

2. An act shall be recognised as committed without guilt, if a person having committed it was not aware, and under the circumstances of a given case could not have been aware, of the public danger of his actions (their omission), or did not foresee a possibility of the emergence of publicly dangerous consequences and, under the circumstances of a given case, must not have or could not have foreseen them. An act shall also be recognised as committed without guilt, if a person who has foreseen while committing it the emergence of publicly dangerous consequences, counted on their prevention with sufficient bases, or could not prevent those consequences by virtue of a discrepancy between his psychophysiological characteristics and the demands of extreme conditions, or a nervous-mental overburdening.

Article 24. Preparation for a Crime and an Attempted Crime

1. The search for, making, or adjustment of means or instruments of a crime which were carried out with direct intent, the search for partners, collusion to commit a crime, or other deliberate creation of conditions for the commission of a crime, shall be recognised as preparation for a crime, if, in this case a crime was not consummated due to circumstances which did not depend on the will of a given person.

2. Criminal liability shall emerge only for preparation for a grave or especially grave crime.

3. Acts (their omission) which are carried out with direct intent, and which are aimed directly at the commission of a crime, shall be recognised as an attempted crime, if, in this case, a given crime was not consummated due to circumstances which did not depend upon the will of a given person.

4. Criminal liability shall emerge only for an attempted crime of medium gravity, grave or especially grave crime.

5. Criminal liability for preparation for a crime, and for an attempted crime shall arise under the same article of the present Code, that is for a consummated crime, with a reference to the relevant part of a given article.

Article 25. A Consummated Crime

A crime shall be considered consummated if, in an act committed by a given person, contains all the elements of a legally defined crime stipulated by the present Code.

Article 26. Voluntary Refusal to Commit a Crime

1. Termination by a person of preparatory actions, or the termination of an act (its omission) directly aimed at the commission of a crime, shall be recognised as a voluntary refusal to commit a crime, if a person was aware of a possibility to consummate a given crime. A person shall not be subject to criminal liability for a crime, if he voluntary and decisively refused to consummate a given crime.

2. A person who voluntary refused to consummate a crime, shall be subject to criminal liability only in the case in which an act actually committed by him contains another legally defined crime.

3. An organizer of a crime and an abettor to a crime shall not be subject to criminal liability, if they prevented the consummation of a given crime by its performer by communication to the state bodies, or by other undertaken measures. An accomplice in a crime shall not be subject to criminal liability, if, prior to the consummation of a given crime by its performer, he refuses to render collaboration which was earlier promised, or eliminates the results of assistance already rendered.

4. If acts of an organizer or abettor which are indicated in the third part of this Article did not lead to the prevention of a given crime by its performer, then measures undertaken by them shall be recognised by a court as mitigating circumstances when appointing punishment.

Article 27. The Concept of Complicity in a Crime

Deliberate joint participation of two or more persons in the commission of a deliberate crime shall be recognised as criminal complicity.

Article 28. Types of Accessories in a Crime

1. Along with a performer of a given crime, an organizer, abettor, and accomplice shall be recognised as accessories in a crime.

2. An organizer shall mean a person who directly committed a given crime, or who directly participated in its commission, together with other persons (co-performers), as well as a persons who committed a crime by way of using other persons who are not subject to criminal liability due to their age, insanity, or other circumstances, stipulated by the present Code, as well as by way of using persons who committed a given act by negligence.

3. A person shall be recognised as an organizer who organized the commission of a given crime, or who guided its execution, as well as a person who created an organized criminal group, or a criminal association (criminal organization), or a person who managed them.

4. A person shall be recognised as an abettor who inclined another person to the commission of a given crime by way of persuasion, subornation, threat, or by any other method.

5. A person shall be recognised as an accomplice who co-operated in the commission of a crime by advice, instructions, granting of information, instruments, or means for the commission, or by elimination of the impediments for the commission of a crime, as well as a person who promised in advance to conceal a criminal, instruments, or other means of the commission of a given crime, traces of a crime, or objects acquired by criminal means, as well as a person who earlier promised to acquire or to purchase such objects.

Date: 2014-12-21; view: 842