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4. Criminal
responsibility
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Article 30-Criminal
complicity
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| 30.1 |
The Concept of Complicity in a Crime |
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The intentional joint participation of two or more persons in the commission of a deliberate crime shall be deemed to be complicity in a crime.
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| 30.2 |
Types of Accomplices of a Crime
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In addition to the perpetrator, organizers, instigators, and accessories shall be deemed accomplices.
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A person who has actually committed a crime or who directly participated in its commission together with other persons (co-perpetrators), and also a person who has committed a crime by using other persons who are not subject to criminal responsibility by reason of age, insanity, or other circumstances provided for by this Code, shall be deemed to be a perpetrator.
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A person who has organized the commission of a crime or has directed its commission, and also a person who has created an organized group or a criminal community (criminal organization) or has guided them, shall be deemed an organizer.
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A person who has abetted another person in committing a crime by persuasion, bribery, threat, or by any other method shall be deemed an instigator.
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A person who has assisted in the commission of a crime by advice, instructions on committing the crime, or removal obstacles to it, and also a person who has promised beforehand to conceal the criminal, means and instruments of commission of the crime, traces of the crime, or objects obtained criminally, and equally a person who has promised beforehand to acquire such objects, shall be deemed to be an accessory.
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| 30.3 |
The Responsibility of Accomplices in a Crime |
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The responsibility of accomplices in a crime shall be determined by the character and the degree of the actual participation of each of them in the commission of the crime.
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Co-perpetrators shall be answerable under Articles of this Code for a crime committed by them jointly.
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A person who is not a participant in a crime and who has taken part in the commission of the crime, stipulated by Articles of the Code, shall bear criminal responsibility for the given offence as its organizer, instigator, or accessory.
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If the perpetrator of a crime fails to carry out this crime owing to circumstances beyond his control, then the rest of the co-perpetrators shall bear criminal responsibility for preparations for a crime or attempted crime. A person who has not managed to abet other persons in commiting a crime owing to circumstances, beyond his control shall also bear criminal responsibility for preparations for the crime.
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