Russian Federation

The Criminal Code of the Russian Federation

General Part

Section II. Crime

Chapter 7. Complicity in a Crime

Article 35. The Commission of a Crime by a Group of Persons, by a Group of Persons Under a Preliminary Conspiracy, and by an Organized Group of a Criminal Community (Criminal Organization)

1. A crime shall be deemed to be committed by a group of persons if two or more perpetrators have jointly participated in its commission without a preliminary conspiracy.

2. A crime shall be deemed to be committed by a group of persons in a preliminary conspiracy, if the persons took part in it after they had reached an agreement on the joint commission of a crime.

3. A crime shall be deemed to be committed by an organized group, if it has been committed by a stable group of persons who in advance united for the commission of one or more offences.

4. A crime shall be deemed to be committed by a criminal community (criminal organization), if it has been perpetrated by a united organized group (organization), set up to commit grave and especially grave crimes, or by an association of organized groups set up for these purposes.

5. A person who has created an organized group or a criminal community (criminal organization), or has directed them, shall be subject to criminal responsibility for their organization in cases, provided for by the respective Articles of the Special Part of this Code, and also for all the offences committed by the organized group or the criminal community (criminal organization), if they have been embraced by his intent. Other participants in the organized group or criminal community (criminal organization) shall bear criminal responsibility for their participation in cases provided for by the relevant Articles of the Special Part of this Code, and also for the crimes, in the preparation and commission of which they have taken part.

6. The creation of an organized group in cases which are not envisaged by Articles of the Special Part of this Code shall involve criminal responsibility for preparations for those offences for which it was set up.

7. The commission of a crime by a group of persons, a group of persons in a preliminary conspiracy, by an organized group, or a criminal community (criminal organization) shall involve strict punishment on the ground and within the limits provided for by this Code .

Keywords

Common purpose
Conspiracy
Contribution



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