COMMITTING A CRIMINAL OFFENSE BY PRIOR CONSPIRACY BY A GROUP OF PERSONS IN THE WORKS OF SCIENTISTS OF THE PRE-REVOLUTIONARY PERIOD

Abstract

The article is devoted to the problems of researching the commission of a criminal offense based on a prior conspiracy by a group of persons in the works of scientists of the pre-revolutionary period. Studying the historical aspect of this form of complicity is important in the context of research and assessment of relevant provisions of the current Criminal Code of Ukraine. Attention is focused on the fact that many of the main provisions of modern domestic criminal law science are the result of the fruitful work of criminologists of the 19th and early 20th centuries. It is emphasized that in the pre-revolutionary literature there was no general approach to the interpretation of the commission of a criminal offense based on a prior conspiracy by a group of persons as a form of complicity. This is evident primarily in the variety of terms by which it is denoted. “complicity by prior conspiracy by a group of persons”, “conspiracy”, “conspiracy”, “conspiracy” is used. In general, when characterizing this form of complicity, scientists consider it expedient to pay attention to the moment of committing a criminal offense. Attention is drawn to the fact that scientists of that period write in different ways, in particular, some indicate that such a conspiracy can take place – a prearranged crime (V.V. Yesipov, P.D. Kalmykov, O.F. Kistyakivskyi); S. Budzynskii expresses himself more specifically – at the stage of preparation; still others – at the scene of the crime (S.V. Poznyshev, I.Ya. Foynitskyi – not only on the condition of the prior formation of a conspiracy, but also in the case of joint criminal activity of the pr. skopi, which was suddenly created; some authors believe that it can take place both before the commission of the crime itself and before it (L.S. Belogryts-Kotlyarevskyi) The content of the conspiracy itself is not given attention as such. However, S.V. Poznyshev noted that each of the participants, at least in general terms knew about the activities of other persons Conspiracy can be carried out in the form of conclusive actions (I.Ya. Foynitskyi), silent actions (P.P. Pustoroslev). Thanks to the analysis of various opinions of scientists of the pre-revolutionary period, a general conclusion is made that the commission of a criminal offense by a prior conspiracy by a group of persons has all the signs of a modern form of complicity. Such closeness obviously proves the high level of development of the pre-revolutionary criminal legal doctrine, despite the lack of clarity both in the use of terminology and its diversity.