Criminal Liability for Implication in a Crime

Larisa Vladimirovna Gotchina, Marina Andreevna Dvorzhitskaya, Alexey Vitalievich Sumachev

2021

Abstract

In criminal law, highly latent acts constituting an implication in a crime. Itreduce the level of detection of crimes at the stages of preparation and attempt, increase the percentage of unsolved crimes in the total number of registered ones. The problems of qualification of acts that form implication in a crime are associated with the expansion of the institution of implication by failure to report a crime and with the institution of complicity in a crime. Implication is possible for a socially dangerous act committed by a person who is not the subject of the crime due to his insanity, as well as for a crime committed in complicity. Misprisionis aimed at hiding the criminal event, traces, items obtained by criminal means, or the person who committed the predicate crime. Along with the physical, it can be accomplished through intellectual actions. The purpose of this article is to research the features of criminal liability for implicationin a crime. To achieve this goal, the following tasks were solved: an analysis of scientific publications on the research topic, as well as materials of criminal cases on non-reporting of a crime and misprisionof a crime was carried out; the models of qualification of the implication acts widespread in the investigative and judicial practice are classified. The methodological basis was formed by sociological research methods. In the article, a proposal to use the identified psychological, moral, criminological and criminal-law characteristics of the personality of the concealer person and those who do not report the crimeis made. There is a significant increase in the share of Russians who are not ready to show civic activity in law enforcement actions and appeal to legal measures to protect their values. The results of the study may be important for the further development of theoretical ideas about the criminal legal institution of complicity in a crime.

Paper Citation

in Harvard Style

Gotchina L., Dvorzhitskaya M. and Sumachev A. (2021). Criminal Liability for Implication in a Crime. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 164-168. DOI: 10.5220/0010632900003152

in Bibtex Style

@conference{closa21,
author={Larisa Vladimirovna Gotchina and Marina Andreevna Dvorzhitskaya and Alexey Vitalievich Sumachev},
title={Criminal Liability for Implication in a Crime},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={164-168},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010632900003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Criminal Liability for Implication in a Crime
SN - 978-989-758-532-6
AU - Gotchina L.
AU - Dvorzhitskaya M.
AU - Sumachev A.
PY - 2021
SP - 164
EP - 168
DO - 10.5220/0010632900003152