FORMS OF COMPLICITY IN CRIME AND THEIR LEGAL CHARACTERISTICS

Аннотация

В данной статье рассматриваются формы института соучастия в преступлении, их специфические особенности и практическое значение. Основное внимание уделено правовому анализу форм соучастия в преступлении и их различиям. Также рассматриваются теоретические основы эффективного применения института участия в рамках действующего законодательства. Ключевые слова: преступное деяние, соучастие в преступлении, общественная опасность, простое соучастие, сложное соучастие, организованная группа, преступное сообщество. Today, along with criminal acts committed by individuals, the level of crimes committed in complicity is also increasing day by day. Therefore, when imposing punishment for crimes committed in complicity, it is important to pay attention to its forms - clarity in legislation, and fair punishment. Article 29 of the Criminal Code of the Republic of Uzbekistan specifies the following forms of complicity: 102 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference  simple complicity;  complex complicity;  organized group;  criminal association [1]. We know that simple complicityon is a form of participation with a lower level of social danger than other forms of participation. Its distinctive features are that we can see it in the fact that the persons involved in committing the crime, without prior agreement on the time and method of committing the crime, only assist each other in the process of committing the criminal act. Even if they act together, they do not possess a sign of association. However, in practice, the damage caused by the crime committed by them exceeds the damage that a single person can cause. Complex complicity is the participation of two or more persons in the commission of a crime by prior conspiracy. A prior conspiracy is an agreement to commit a crime or engage in criminal activity before the objective side of the crime is realized [2]. Its necessary element is the collusion of two or more persons before the commission of the crime, as well as before the commission of the crime specified in the Special Part of the Criminal Code of the Republic of Uzbekistan by at least one person. However, in the theory and practice of criminal law, there is no consensus on recognizing a group of persons as having conspired in advance. According to a group of scientists, pre-arranged participation can also be based on partnership and with the distribution of roles [3]. According to the authors of another group, this form of participation can only be performed in partnership [4]. It should be noted that, according to paragraph "m" of Article 56 of the Criminal Code, the commission of a crime by prior conspiracy is considered an aggravating circumstance. Also, the commission of a crime by prior conspiracy is provided for in many articles of the special section of the Criminal Code as a necessary characteristic of qualification. For example, clause "c" of part 2 of Article 165, clause "b" of part 2 of Article 168 and others. Based on the foregoing, it can be said that if the norm of the Special Part of the Criminal Code does not provide for prior conspiracy as an aggravating circumstance for a crime committed by a group, the court determines the punishment in accordance with Article 56 of the Criminal Code. 103 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference In the Criminal Code of the Republic of Uzbekistan and a number of other legal literature, simple complicity is defined as the commission of a crime by two or more persons without prior agreement, while complex complicity is defined as the commission of a crime by two or more persons by prior agreement. Despite the fact that Article 29 of the Criminal Code of the Republic of Uzbekistan mentions simple and complex complicity, practically no article of the special section of this Code distinguishes between these two forms of complicity. We can see that the form in which the crime was committed does not affect the qualification of the crime. The articles of the special section of the Criminal Code establish that crimes committed in complicity are considered aggravating circumstances, and they indicate that the crime is committed only "by a group of persons." Consequently, we fully agree with the opinion of scholar A.S. Yakubov that "if in the special section of the Criminal Code the characteristic of the corpus delicti is given as "a group of persons," then it includes simple and complex types of complicity, the degree of social danger of this crime is primarily related to the commission of the crime by the legislator, regardless of whether the crime is committed by two or more persons by prior conspiracy or not" [5]. Forms of complicity in a crime are one of the important institutions of criminal law, which serve to determine how several persons participated in the commission of a crime. Each of these forms has its own characteristics and is defined by specific criteria in the legislation. The c