On the Legality of Regulation of the Direct Harm Under Chapter 7 "Complicity in Crime" of The Criminal Code of the Russian Federation

Abstract

The position of direct harm regulation in the structure of the concept of complicity in crime has been criticized by scientists and criminologists since the adoption of the existing criminal law. In the article the author proves the necessity of separate legislative consolidation of criminal cases when the crime was committed by causing direct harm. Based on empirical data the author makes suggestions for improving the concept of direct harm. The author suggests making a complete list of directly used people (the use of minors, insane, persons under physical or mental duress, acting pursuant to orders or instructions, and innocent injuring).The author also suggest keeping the term "direct performer” in the Criminal Code, revising Art. 33, Part 2, and providing the category of "direct wrongdoer", adding to the general part of the Criminal Code Art. 361 "Direct causing" in Section 71 of the Criminal Code, "Special forms of infliction."