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1The concept and categories of a crime

A committed publicly dangerous act (or a failure to act) for which someone is found culpable, and which is prohibited by the Criminal Code, under the threat of legal punishment, shall be recognised as a crime. Application of criminal law by analogy shall not be allowed.

Those acts or failures to act shall not be considered crimes which, though formally containing the elements of an act stipulated by the Special Part of the Criminal Code, but by virtue of their insignificance do not present a public danger, that is, which did not cause any harm, and did not create a threat of causing harm to a person, society, or the state.

Acts stipulated by the Criminal Code, depending on the character and degree of public danger involved, shall be divided into crimes of lesser gravity, crimes of medium gravity, grave crimes, and especially grave crimes.

Categories of a crime

1) Deliberate acts, for the commission of which the maximum punishment stipulated by the Criminal Code does not exceed two years of deprivation of freedom, shall be categorised as crimes of lesser gravity, as well as negligent acts for which the maximum punishment stipulated in the Criminal Code does not exceed five years of imprisonment.

2) Deliberate acts for the commission of which the maximum punishment stipulated in the Criminal Code does not exceed five years of deprivations of freedom, shall be categorised as crimes of medium gravity, as well as negligent acts for which punishment is stipulated in the form of imprisonment for a period of more than five years.

3) Deliberate acts for the commission of which the maximum punishment stipulated in the Criminal Code does not exceed twelve years of imprisonment shall be categorised as grave crimes.

4) Deliberate acts for the commission of which the Criminal Code stipulates punishment in the form of imprisonment for a period of more than twelve years or capital punishment, shall be categorised as especially grave crimes.

2 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.

Types of Accessories in a Crime

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

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.

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.

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.

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.

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