Inducement, Recruitment, Involvement as a Means of Constructing a Crime
https://doi.org/10.17803/1994-1471.2023.157.12.114-122
Abstract
The paper examines the terms “inducement”, “recruitment”, “involvement”, and determines their relationship. Taking into account the fact that the legislator considers in various ways the content of a criminal offense in the form of inducement, ambiguous interpretation and difficulties arise in the application of those norms that do not define this term. In addition, there is a confusion between the concepts of “inducement” and “assistance”. Because “inducement” is similar to the activity of an instigator, and “assistance” is similar to the activity of an accomplice, these concepts cannot be considered as similar, including from the point of view of social danger. An analysis of the norms of the Special Part of the Criminal Code of the Russian Federation showed that the legislator recognizes assistance as a higher degree of public danger. The construction of special bodies of crime in the Special Part of the Criminal Code of the Russian Federation, where instigators, accomplices, and organizers become perpetrators of crimes, is determined primarily by the desire of the legislator to deviate from the traditional rules of the institution of complicity. It seems that when regulating special types of abetting, the choice of the wording “inducement, recruitment or other involvement”, “inducement or other involvement” or only “inducement” should be based on the different volume and content of the actions that constitute one or another form of involvement.
For citations:
Paliy V.V. Inducement, Recruitment, Involvement as a Means of Constructing a Crime. Actual Problems of Russian Law. 2023;18(12):114-122. (In Russ.) https://doi.org/10.17803/1994-1471.2023.157.12.114-122
Views:
479
Email this article 