The problem of robbery qualification committed in complicity with an unfit subject

Abstract

The article deals with the problem of qualifying a robbery committed in complicity together with an indelicate person. In the course of the study, the author carried out a comparative analysis of the criminal law norms on complicity enshrined in the criminal legislation of the RSFSR of 1960 and the provisions of the current criminal legislation of Russia. In the course of the study, special attention was paid to the study of the decisions of the Plenum of the Supreme Court of the USSR, the RSFSF and the Russian Federation, containing recommendations on the qualification of crimes committed in complicity with a person who is not subject to criminal liability due to age or insanity. In addition, this paper explores doctrinal views and established judicial and investigative practice regarding the problem under consideration. Based on the results of the study, the author came to the conclusion that the problem of the criminal law assessment of the act committed by the guilty party together with the indelicate person is due to the introduction of the provision on a mediocre performer into the norms of criminal law on complicity. This provision provides for liability for a person committing a crime by the hands of an unfit subject, however, the issue of qualifying an act committed by a guilty person together with a person who does not have the characteristics of a subject, according to the author, remains unsettled, as evidenced by conflicting judicial and investigative practice. In this connection, the author proposes legislative innovations designed to solve the problem of qualifying crimes, including robberies committed jointly with an indelicate person, and to exhaust discussions on the issue under consideration.