A crime committed by a group of persons is law. Group of persons

When investigating acts committed by several persons, the most important issue is the division of complicity of subjects into forms. The criterion for such division is the moment of occurrence of the conspiracy. Accordingly, co-execution may be subject to a preliminary agreement or carried out without it. The features of these forms of complicity are revealed in Art. 35 of the Criminal Code. Let's consider its provisions.

Forms of conspiracy

As established in Part 1 of Art. 35 of the Criminal Code, a group of persons is considered to be involved in an act if 2 or more perpetrators participated in the commission, and there was no prior agreement between them. If there was a conspiracy of joint illegal actions, then they are recognized as committed by a group of persons by prior conspiracy. This form of complicity is established by Part 2 of Art. 35 of the Criminal Code.

An organized group is a stable group of people who have united in advance to commit an unlawful act or several attacks. A criminal organization (community) is a structured group (association of groups), whose members are under a single leadership and united to commit serious/especially serious acts in order to obtain direct or indirect material (including financial) benefits.

Features of responsibility

In the new edition of Art. 35 of the Criminal Code of the Russian Federation it is stipulated that the subject who created a criminal community or an organized group or led it is punished for organization and leadership in cases established by norms 208-210, 205.4, 282.1 of the Criminal Code, for all acts committed by members of these associations, if they were covered by his intent .

The remaining members of criminal groups are held accountable for participation in the attacks provided for in the above articles, as well as for other illegal actions in the commission/preparation of which they are involved.

Additionally

According to Art. 35 of the Criminal Code of the Russian Federation, the formation of a criminal group (organization) in cases not established in the Special Part entails responsibility for preparation for those attacks for which the accomplices united.

The participation of several entities, including by prior conspiracy, entails more stringent criminal sanctions within the limits and on the grounds established by the Code.

Art. 35 of the Criminal Code of the Russian Federation with comments

The criminal legal significance of the classification of complicity lies in the fact that the named forms and types either act as mandatory signs of the act, or as qualifying or aggravating circumstances.

In the first part of Art. 35 of the Criminal Code defines complicity without prior agreement. This form of complicity is considered the least dangerous and most common. In such cases, the behavior of individuals in the group is characterized by the least degree of consistency. The subjects commit a crime together and act as accomplices.

IN judicial practice under Art. 35 of the Criminal Code of the Russian Federation Group rape is recognized as rape that involves not only the actions of the perpetrators who directly committed sexual intercourse, but also the assistance of other persons who assisted them through mental or physical coercion of the victim. Accordingly, the actions of the latter are qualified in case of gang rape as co-perpetrator.

When committing a group act, the objective side can be performed by one or more subjects; each person can also perform part of the objective side.

Preliminary conspiracy

It and its varieties are discussed in parts 2-4 of Art. 35 of the Criminal Code. When qualifying complicity, it is necessary to comprehensively assess the circumstances of the crime and identify the presence of conspiracy in them. Let's look at an example.

The subject participated in the murder of a citizen after the commission of other, previously conspired, guilty actions, the immediate purpose of which was to deprive the victim of his life. After the victim was beaten and stabbed multiple times in the neck and chest by his accomplices, the subject carried him to the containers. There he struck the victim on the head and torso with boards with the intent to kill. In this case, the qualification of his actions as a group murder by prior conspiracy is excluded.

Distribution of roles

Neither in Art. 35 of the Criminal Code, nor in other criminal norms there is any indication of limiting the number of persons who can participate in a group act by prior conspiracy. Accordingly, in addition to co-execution, there may be a distribution of roles in the crime.

For example, a preliminary conspiracy to murder presupposes an agreement between several citizens, expressed in any form, that took place before the commencement of actions aimed directly at depriving the victim of his life. In addition to co-performers, the group may include organizers, instigators, and accomplices. When identifying the appropriate roles, the actions of the persons who performed them fall under the relevant part of Article 33 and paragraph “g” of Part 2 105 of the Criminal Code.

At the same time, complicity in itself is not recognized as a qualifying circumstance provided for in paragraph "g". For example, one of the group members lured the victim to a secluded place, but did not directly participate in taking his life. In this case, if there are no signs of other crimes in the actions, they are qualified under the relevant part of Article 33.

Nuances

The act will be considered committed by prior conspiracy, regardless of the fact that the persons were not brought to justice due to underage or due to insanity. In such situations, the court must examine the intent of each group member.

For example, robbery is qualified as committed by previously conspiring subjects if the intention of each included the use of actions that pose a threat to the health/life of the victim. It must be taken into account that coordination in actions does not yet mean the presence of a preliminary conspiracy.

Signs of an agreement

A conspiracy is recognized as preliminary if it took place before the commencement of actions constituting the objective part of the act. The need to establish the existence, time and place of the agreement is determined by the importance of distinguishing between group types of crimes.

Organized group

It is distinguished from a group of perpetrators who have previously agreed on a crime by the stability of the structure. Thus, persons unite for a longer period to commit several acts or one, but require lengthy preparation or involve difficulties in execution.

Organization should be considered the subordination of some participants to others, the determination to jointly achieve criminal goals. Moreover, the scope of participation of each subject may be different. Individual members of the group can perform only part of the actions: pick locks, guard the scene of an assault, accept stolen valuables, etc. Other individuals can search for victims of assault. It must be taken into account that even if such actions do not go beyond the scope of complicity, but stable connections with other accomplices are clearly expressed, then they are regarded as co-perpetrator. Accordingly, the provisions of Article 33 of the Criminal Code are not subject to application.

Gang

This concept falls under the definition of an organized group. At the same time, a gang is distinguished by two mandatory characteristics: armament and the presence of criminal goals. In this case, the attack will be recognized as having taken place even when the persons did not use weapons. Criminal goals are considered to be encroachments (attacks) on organizations and citizens.

Stability in such cases presupposes the stability of the composition, the use of the same methods and forms of illegal activity, close connections between accomplices, and consistency of behavior.

1. A crime is recognized as committed by a group of persons,

if several (two or more) performers took part in it without prior agreement among themselves.

2. A crime is recognized as committed by a preliminary conspiracy by a group of persons if it was committed jointly by several persons (two or more) who agreed in advance, that is, before the crime began, to commit it jointly.

A crime is recognized as committed by an organized group if several persons (three or more) participated in its preparation or commission.

organized themselves in advance into a stable association for

committing this and other (other) crimes, ob81

united by a single plan with the distribution of functions

group members aimed at achieving this

plan known to all group members.

4. A crime is recognized as committed by a criminal organization if it is committed by a stable hierarchical association of several persons (three or more), whose members or structural parts

by prior conspiracy, organized for joint activities with the purpose of directly committing grave or especially grave crimes by members of this organization, or directing or coordinating the criminal activities of other persons, or

ensuring functioning as the most criminal

organizations and other criminal groups.

1. The legislator, based on the theory of criminal law, established the most common forms of complicity. At

When committing a crime in the form of complicity without prior conspiracy, a crime committed by two or more co-perpetrators (simple complicity) should be recognized as a group crime, although there may be

and separation of roles.

Complicity without prior agreement is

the least dangerous and least common form of complicity. This form of participation is characterized by a minimal degree of consistency, which is due to the lack

conspiracy before the crime began. This form of complicity presupposes the possibility of collusion between participants only during the commission of a crime, after the beginning of the implementation of the objective side of the crime.

2. The most common form of complicity in

The crime is complicity by prior conspiracy.

Complicity by prior conspiracy by a group of persons

occurs when participants agree to commit a crime together. As a result of the conspiracy, the accomplices become aware not only of general information about the impending crime, but also some of the circumstances of their future criminal activity. Under

"preliminary conspiracy" means a conspiracy before

performing actions that constitute the objective side of the crime, that is, before the start of the acts provided for in the article of the Special Part of the Criminal Code, by at least one

face. Collusion can be in verbal and written forms. For this type of complicity, conspiracy is most often characterized by clarification of the object and subject of the crime, sometimes by the method of encroachment. This form

complicity (complicity by prior conspiracy) in the Criminal Code

Ukraine is provided as a necessary and qualifying feature of specific types of crimes,

and also as an aggravating circumstance.

3. An organized group is a dangerous form of complicity. An organized group is understood as a stable association of three or more persons who have previously organized themselves to commit one or more

crimes united by a single plan with the distribution of functions among group members aimed at achieving this plan, known to all group members. This form of participation is characterized by professionalism

and sustainability.

An organized group is characterized by mandatory features: preliminary conspiracy and stability.

The stability of an organized group is understood as the presence of permanent connections between members and specific methods of activity for the preparation or commission of this and other crimes. Sustainability

an organized group presupposes preliminary agreement and organization. This form, unlike

complicity by prior conspiracy is characterized by a greater degree of stability and consistency between the participants. The activities of an organized group are related

with the distribution of roles, but this does not exclude co-execution. Committing a crime by a group of persons

preliminary conspiracy (parts 2 and 3 of Article 28 of the Criminal Code) is

an aggravating circumstance (clause 2 of Article 67 of the Criminal Code).

4. The criminal organization is the most dangerous

of all forms of complicity. The danger of this species

characterized by the severity of crimes (serious and especially

A criminal organization is characterized by the highest degree of cohesion and coordination between participants. A criminal organization is a stable, hierarchical association of several persons (three or more), created for the commission of grave and especially grave crimes directly by the participants of this organization, or for the leadership or

coordinating the criminal activities of other persons, or ensuring the functioning of both the criminal organization itself and other criminal groups.

A persistent association is a socio-psychological characteristic of a criminal community; it reflects the commonality of participants in the implementation of criminal goals. As a rule, roles are distributed among members of a criminal organization.

The stability and tenacity of a criminal community determine the more or less duration of criminal activity and the severity of the crimes committed by members of the organization. Given the danger

crimes for the sake of which a criminal community is formed, the legislator classifies the organization itself, participation in criminal communities, as independent crimes. Thus, banditry is considered a completed crime from the moment of the creation of an armed gang group (Article 257 of the Criminal Code of Ukraine).

Awareness of the commonality of goals to achieve

a community is created, predetermines the presence of only direct intent in each member of the criminal organization.

The consciousness and will of the members of the organization must embrace

circumstances relating not only to one’s own actions, but also to the actions of other members. Each participant

a criminal community must embrace with its consciousness and will the objective and subjective signs of a crime.

The current criminal legislation provides for the following forms of criminal organization: a) gang

(Article 257 of the Criminal Code); b) organized group (Articles 185-191

UK); c) a group of smugglers (Article 201 of the Criminal Code); d) criminal group in correctional institutions (Article 392 of the Criminal Code);

e) terrorist group (Article 258 of the Criminal Code). Thus,

the actions of participants in a criminal organization are qualified without applying Art. 27 of the Criminal Code.

More on the topic Article 28. Committing a crime by a group of persons, a group of persons by prior conspiracy, an organized group or a criminal organization:

1. Issues resolved by the court when rendering a sentence
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Charged under Part 4 of Art. 159 of the Criminal Code of the Russian Federation. They identified us as an organized group. Is it possible to somehow switch to a group of persons by prior conspiracy?

• Question: No. 1871 dated: 2015-05-13.

On the merits of the question asked, we report the following.

In accordance with Art. 159 of the Criminal Code of the Russian Federation, fraud is the theft of someone else’s property or the acquisition of rights to someone else’s property through deception or abuse of trust. Part 4 of this article provides for liability for fraud committed by an organized group.

By virtue of Part 3 of Art. 35 of the Criminal Code of the Russian Federation, an organized group is understood as a stable group of persons who have united in advance to commit one or more crimes.

Thus, the essential features of an organized group are: the unification of two or more people, stability and preliminary agreement among group members.

In practice, difficulties arise in classifying crimes committed by a group of persons by prior conspiracy or by an organized group.

According to paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery”, in contrast to a group of persons who have agreed in advance to jointly commit a crime, an organized group is characterized, in particular , stability, the presence in its composition of an organizer (leader) and a pre-developed plan for joint criminal activity, the distribution of functions between group members in preparation for committing a crime and the implementation of criminal intent.

In accordance with paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 17, 1997 No. 1 “On the practice of application by courts of legislation on liability for banditry,” the stability of a gang can be evidenced, in particular, by such signs as the stability of its composition, close interconnection between its members, the consistency of their actions, the constancy of the forms and methods of criminal activity, the duration of its existence and the number of crimes committed.

In the appeal ruling of the Judicial Collegium for Criminal Cases of the Rostov Regional Court dated June 18, 2014 in case No. 22-2593/2014, it is stated as a description of the organized group that “... for this purpose, according to a pre-developed plan and distribution of roles, M. illegally acquired... M. passed it on to another member of the group - K., and she, in turn, passed it on to P. and B., who distributed it, having a wide circle of acquaintances... The convicts carried out this criminal activity over a long period of time, in a united, stable composition, not allowing unauthorized persons to participate in activities related to the illegal sale of narcotic drugs, reliably concealing their activities from law enforcement agencies.”

Thus, the main differences between a group of persons in a preliminary conspiracy and an organized group are as follows:

In an organized group there is a clearly defined, permanent leader, in a group of persons by prior conspiracy there is no leader, or leadership is carried out by an indefinite circle of group members;

An organized group is a stable association, the composition of participants is practically unchanged throughout the entire operation of the organized group; in a group of persons, by prior conspiracy, the composition can change;

An organized group is created and operates for a longer period than a group of persons by prior conspiracy.

Attention! The information provided in the article is current at the time of publication.

a group of persons by prior conspiracy, an organized group, a criminal community (criminal organization) - manifestations of two forms of complicity: with a preliminary agreement and without a preliminary agreement.

The listed types of groups of persons are often recognized by the Special Part of the Criminal Code of the Russian Federation as qualifying signs of a crime and entail higher measures of responsibility (sanctions), in some cases they are mandatory signs of a crime (for example, Article 209 of the Criminal Code of the Russian Federation), as well as an aggravating circumstance (clause "c" part 1 of article 63 of the Criminal Code of the Russian Federation). The concepts of the named types of groups of persons are given in Art. 35 of the Criminal Code of the Russian Federation. A crime is recognized as committed by a group of persons if two or more perpetrators jointly participated in its commission without prior agreement (Part 1 of Article 35 of the Criminal Code of the Russian Federation). The actions of the perpetrators may constitute the entire objective side of the crime, or the actions of each will constitute a certain part of the objective side (co-execution with division of roles). One perpetrator and accomplice (instigator) do not form a group of persons in the sense of Part 1 of Art. 35 of the Code of the Russian Federation. The peculiarity of this form of complicity is the minimal agreement of the participants. They do not have a preliminary conspiracy (before the execution of the objective side of the crime begins). However, in the process of committing a crime, it is possible to reach an agreement, for example, on further actions. A crime is recognized as committed by a group of persons by prior conspiracy if it involved persons who agreed in advance to jointly commit a crime (Part 2 of Article 35 of the Criminal Code of the Russian Federation). Preliminary conspiracy (preliminary agreement) is understood as an agreement between the perpetrators before the commencement of actions constituting the objective side of the crime by at least one of the accomplices. As a result of the conspiracy, the subject, victim, time, place, means and other circumstances of the commission of the crime can be clarified, and in some cases the roles of co-perpetrators are divided. Collusion can be oral, written, or less often in the form of implied actions. A group of persons acting by prior conspiracy presupposes the presence of at least two co-perpetrators, whose actions may constitute all or part of the objective side of the crime. A crime is recognized as committed by an organized group if it is committed by a stable group of persons who have united in advance to commit one or more crimes (Part 3 of Article 35 of the Criminal Code of the Russian Federation). Mandatory characteristics of a group of this type: a) the presence of two or more persons (co-performers with or without division of roles); b) preliminary conspiracy of these persons; c) group stability. The stability of an organized group is understood as the presence of permanent connections between its members and specific methods of activity for the preparation or commission of one or more crimes. The stability of an organized group presupposes preliminary agreement and co-organization. This type of complicity differs from those listed by a greater degree of stability and consistency between the participants. Members of an organized group may be individuals who participated in the development of a plan to commit a crime, or individuals who knew about the plan and actively carried it out. A crime is recognized as committed by a criminal community (criminal organization) if it is committed by a cohesive organized group (organization) created to commit grave and especially grave crimes, or by an association of organized groups created for the same purposes (Part 4 of Article 35 of the Criminal Code of the Russian Federation ). The criminal community is the most dangerous of all types of complicity with a preliminary agreement. The danger of this type of complicity is characterized by the severity of the crimes committed by criminal communities. The criminal community is characterized by the highest degree of cohesion and agreement between the participants, which distinguishes the community from other types of complicity with a preliminary agreement. Cohesion is a socio-psychological characteristic of a criminal community; it reflects the commonality of participants in the implementation of criminal goals. Between members of a criminal community, as a rule, there is a division of roles associated with the use of certain knowledge aimed at achieving criminal intentions. The stability and cohesion of a criminal community determines the more or less duration of criminal activity and the severity of the crimes that community members seek to commit. Considering the danger of crimes for the purpose of committing which a criminal community is formed, the legislator classifies participation in criminal communities as independent crimes. Thus, banditry is considered a completed crime from the moment the armed group (gang) is created, regardless of whether the attack was carried out (Article 209 of the Criminal Code of the Russian Federation). The responsibility of the creator or leader of an organized group or criminal community and ordinary participants in such associations is differentiated. In accordance with Part 5 of Art. 35 of the Criminal Code of the Russian Federation, a person who created an organized group or criminal community or led them is subject to criminal liability for such organization or leadership in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, as well as for all crimes committed by an organized group or criminal community, if they were covered by it with intent. Other members of an organized group or criminal community bear criminal liability for participation in the activities of the group or community in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, as well as for crimes in the preparation or commission of which they participated. The creation of an organized group in cases not provided for in the articles of the Special Part of the Criminal Code of the Russian Federation entails criminal liability for preparation for the crimes for which it was created (Part 6 of Article 35 of the Criminal Code of the Russian Federation).

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1. A crime is recognized as committed by a group of persons if two or more perpetrators jointly participated in its commission without prior agreement.

2. A crime is recognized as committed by a group of persons by prior conspiracy if it involved persons who had agreed in advance to jointly commit a crime.

3. A crime is recognized as committed by an organized group if it is committed by a stable group of persons who have united in advance to commit one or more crimes.

4. A crime is recognized as committed by a criminal community (criminal organization) if it is committed by a structured organized group or a union of organized groups operating under a single leadership, whose members are united for the purpose of jointly committing one or more grave or especially grave crimes in order to obtain directly or indirectly financial or other material benefits.

5. A person who created an organized group or criminal community (criminal organization) or led them is subject to criminal liability for their organization and management in cases provided for in Articles 205.4, 208, 209, 210 and 282.1 of this Code, as well as for all acts committed by the organized group or criminal community (criminal organization) of a crime, if they were covered by its intent. Other participants in an organized group or criminal community (criminal organization) bear criminal liability for participation in them in cases provided for in Articles 205.4, 208, 209, 210 and 282.1 of this Code, as well as for crimes in the preparation or commission of which they participated.

6. The creation of an organized group in cases not provided for in the articles of the Special Part of this Code entails criminal liability for preparation for the crimes for which it was created.

7. The commission of a crime by a group of persons, a group of persons by prior conspiracy, an organized group or a criminal community (criminal organization) entails a more severe punishment on the basis and within the limits provided for by this Code.

Commentary to Art. 35 of the Criminal Code of the Russian Federation

1. One of the criteria for dividing complicity into forms is the time of occurrence of a conspiracy between accomplices to commit a crime. In accordance with it, a distinction is made between complicity without prior conspiracy and complicity with prior conspiracy. The commented article talks about these forms of complicity and their varieties (types). The criminal legal significance of the forms and varieties of complicity named in the law is that they are either mandatory, constructive signs of a crime (Articles 210, 232 of the Criminal Code), or serve as a qualifying feature () or aggravating circumstances (p. . “c” part 1 of article 63 of the Criminal Code). The forms and varieties of complicity named in the commented article, Art. 63 of the Criminal Code refers to aggravating circumstances.

2. Part 1 of the commented article talks about complicity without prior conspiracy in the form of committing a crime by a group of persons. A crime is recognized as committed by a group of persons if two or more perpetrators jointly participated in its commission without prior agreement. This form of complicity is the least dangerous, although common. The actions of a group of individuals are characterized by a minimal degree of coordination. Accomplices jointly commit a crime and are co-perpetrators. For example, gang rape should recognize not only the actions of persons who directly committed a violent sexual act, but also the actions of persons who assisted them by using physical or mental violence against the victim. The actions of the latter should be qualified as co-perpetrator of gang rape (Part 2 of Article 33 of the Criminal Code) (Clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 15, 2004 N 11).
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BVS RF. 2011. N 11. P. 19.

When committing (executing) a crime, accomplices can: each fulfill the objective side of the crime (one - the completely objective side, the other - part of it, each - at least part of the objective side).

3. Parts 2 - 4 of the commented article provide for another form of complicity - complicity with prior conspiracy - and three of its varieties.

In accordance with Part 2, a crime is recognized as committed by a group of persons by prior conspiracy if it involved persons who had agreed in advance to jointly commit a crime.

K. took part in the murder of the victim after other persons, who had previously agreed on the murder, had committed actions directly aimed at taking the life of the victim. After beating the victim and stabbing him multiple times in the chest and neck by other persons, K. took him to the containers and, with the aim of killing, struck him on the head and torso with fragments of boards. The qualification of his actions as committed by a group of persons by prior conspiracy was excluded.
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BVS RF. 2002. N 11. P. 15; 2007. N 11. P. 7.

The law does not limit the number of group members depending on the roles they perform in a pre-agreed joint criminal activity. Consequently, along with co-execution, participation in the commission of a crime with a distribution of roles is possible. For example, a preliminary conspiracy to murder means an agreement expressed in any form between two or more persons that took place before the commencement of actions directly aimed at taking the life of the victim. At the same time, along with co-perpetrators of the crime, other members of the criminal group can act as organizers, instigators or accomplices of murder, and their actions should be qualified according to the relevant part and (clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of January 27, 1999 N 1). At the same time, complicity in murder (lured the victim to a secluded place, but did not take part in the taking of life) does not form a qualifying sign of murder, provided for in paragraph “g” of Art. 105 of the Criminal Code - “committed by a group of persons by prior conspiracy.”
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BVS RF. 2002. N 2. P. 16; N 3. P. 21; 2005. N 1. P. 14; 2006. N 10. P. 19 - 20.

A crime is recognized as committed by a group of persons by prior conspiracy, regardless of the fact that some of the persons participating in it were not brought to criminal responsibility due to not reaching the age of criminal responsibility or insanity.
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BVS RF. 2001. N 8. P. 17.

In all these cases, the direction of intent of the group members must be carefully examined. For example, participants in a robbery committed by prior conspiracy by a group of persons are liable as co-perpetrators if the intent of all the perpetrators included the use of violence dangerous to life and health. The simple coordination of the actions of the perpetrators should not be mistaken for a preliminary conspiracy.
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BVS RF. 2008. N 4. P. 19.

A conspiracy is considered preliminary if it took place before the commission of a crime, before the beginning of the execution of the objective side of the crime. Establishing the existence of a preliminary conspiracy (where and when it took place) is necessary to distinguish between the commission of a crime by a group of persons in a preliminary conspiracy and simply by a group of persons.
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BVS RF. 2001. N 7. P. 27.

The scope of the conspiracy (its content) can be different: specific signs of the crime and the behavior of the accomplices are discussed, or the agreement reflects only in general terms the signs of the intended crime.

4. Part 3 of the commented article contains the definition of an organized group. A crime is recognized as committed by an organized group if it is committed by a stable group of persons who have united in advance to commit one or more crimes. An organized group is distinguished from a group of persons by prior conspiracy by signs of stability and organization.

Stability is evidenced by the association of two or more persons for a relatively long time to commit several crimes or one, but associated with long-term joint preparation or complex execution. Organization is the subordination of group members to the instructions of one or more individuals, the determination to achieve the implementation of criminal intentions in an organized manner.
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BVS RF. 2003. N 7. P. 15; N 9. P. 22; 2007. N 11. P. 16; 2012. N 3. P. 14.

BVS RF. 2001. N 12. P. 17; 2002. N 6. P. 11; 2008. N 6. P. 22.

The extent of participation in the commission of a crime varies. Some members of an organized group, for example during theft, can perform only part of the objective side (breaking doors, guarding the crime scene, accepting the stolen property at the time of its removal, etc.), others can look for future victims of theft. Even if such actions do not go beyond the scope of complicity, but there are stable connections between all its participants, they should be considered as co-perpetrator and qualified without reference to Art. 33 of the Criminal Code (see paragraph 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 27, 1999 N 1).
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BVS RF. 2011. N 9. P. 8.

According to the Criminal Code, the concept of an organized group includes a gang. A gang is distinguished from other organized groups by a combination of two mandatory characteristics - armament (and an attack is considered to have taken place even in cases where weapons were not used) and criminal goals - carrying out attacks on citizens and organizations. In relation to a gang, stability is understood as the stability of its composition, the constancy of the forms and methods of criminal activity, the close relationship between gang members, the consistency of their actions (paragraphs 2 - 5 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of January 17, 1997 N 1).

5. A crime is recognized as committed by a criminal community (criminal organization) if it is committed by a structured organized group (organization) or a union of organized groups operating under a single leadership, whose members are united for the purpose of jointly committing one or more grave or especially grave crimes in order to obtain direct or indirectly financial or other material benefit (Part 4 of the commented article). A criminal community, in its goals and methods of association, is the most dangerous type of complicity with prior conspiracy.

Signs of a criminal community: cohesion and organization. Within the meaning of the law, cohesion should be understood as the presence of common goals and intentions among members of the organization that transform the criminal community into a single whole. Cohesion can be evidenced by the special structure of the community, the presence of a leadership team, bribery and other corrupt actions aimed at neutralizing representatives of law enforcement and other government agencies, the presence of a common material and financial base, hierarchy, etc. Signs of organization are the distribution of functions between accomplices, careful planning of criminal activities, etc. .
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BVS RF. 2001. N 9. P. 9.

On the concept and characteristics of a criminal community (criminal organization) - a structured organized group, a structural unit, an association of organized groups - see paragraphs 2, 5 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 10, 2010 N 12.

The purpose of creating a criminal community - engaging in criminal activity - is clearly specified in the law: joint commission of one or more serious or especially serious crimes to obtain directly or indirectly financial or other material benefits (see commentary to Article 15, as well as paragraphs 2, 5 Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 10, 2010 No. 12).

6. Part 5 of the commented article regulates the criminal liability of the person who created an organized group, the organizer of a criminal community (criminal organization), as well as all other participants in an organized group or criminal community (criminal organization). A person who created an organized group or criminal community (criminal organization) or led them is subject to criminal liability in cases provided for in Art. Art. 208, 209, 210 and 282.1 of the Criminal Code. Thus, Federal Law dated November 3, 2009 N 245-FZ “On Amendments to the Criminal Code of the Russian Federation and Article 100 of the Criminal Procedure Code of the Russian Federation” specified the crimes for the commission of which the named persons can be held criminally liable.
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NW RF. 2009. N 5. Art. 5263.

Crimes committed by an organized group or criminal community may be imputed to the person who created them or led them, provided that the act was covered by his intent. Other participants in such groups are held liable for participation in them only in cases provided for in the relevant articles of the Special Part of the Criminal Code, as well as for crimes in the preparation or commission of which they participated.

7. If the creation of an organized group (which in its essence is preparation for a crime) is not provided for by the articles of the Special Part of the Criminal Code, its participants are responsible for preparation for the crimes for which it was created (Part 6 of the commented article).

8. In accordance with Part 7 of the commented article and on the basis of Art. 60 Criminal Code, clause “c”, part 1, art. 63 of the Criminal Code (see commentary to them), the commission of a crime by a group of persons, a group of persons by prior conspiracy, an organized group or a criminal community (criminal organization) entails a more severe punishment.