GENERAL PART
SECTION II. CRIME
CHAPTER 7. Complicity
Article 35. Concept of Complicity
The intentional joint involvement of two or more persons in a crime is deemed to be complicity.
Article 36. Kinds of Accomplices
(1) Perpetrators of a crime, as well as organizers, abettors and accessories are deemed to be accomplices.
(2) A person who actually committed a crime, or who was actually involved in a crime with other persons, as well as a person who committed a crime with the aid of other persons not subject to criminal liability shall be deemed to be a perpetrator.
(3) A person who organized commission of a crime or directed it, as well as a person who created an organized group or confederacy shall be deemed to be an organizer.
(4) A person who incited another person to commit a crime by his persuasion, bribery or threat shall be deemed to be an abettor.
(5) A person who promoted commission of a crime by advises, instructions, information, providing with instruments and weapons or eliminating obstacles, as well as a person who promised beforehand to conceal an offender, weapons or instruments , or a person who promised to purchase or sell such articles, shall be deemed to be an accessory.
Article 37. Criminal Liability of Accomplices
(1) Liability of accomplices of a crime is determined by the character and degree of the actual involvement of each of them in the commission of a crime.
(2) Co-authors bear liability under the same article of the present Code for a jointly committed crime.
(3) An organizer, abettor and accessory are liable to responsibility under the article specifying a sentence for a crime committed with reference to Article 36 of this Code.
(4) A person who is not a subject of a crime specially indicated in the article of the Special Part of the Code, but was involved in the crime provided for by this article, may bear liability for this crime only as an organizer, abettor or accessory.
(5) If a perpetrator doesn't complete a crime owing to circumstances beyond his control other accomplices of the crime bear responsibility for complicity in the preparation for the crime or in the attempt to commit the crime.
(6) If an organizer, abettor or accessory fail in their actions owing to circumstances beyond their control they will be liable for the preparation for a crime.
Article 38. Commission of a Crime more Serious than Originally Agreed upon by Conspirators
The commission of a crime more serious than originally agreed upon by conspirators is deemed to be commitment of a crime without intent of other accomplices. Other accomplices of a crime are not liable to criminal responsibility for the commission of a crime more serious than originally agreed upon by conspirators.
Article 39. Commission of a Crime by a Group of Persons, Organized Group or Confederacy (Criminal Organization)
(1) A crime is considered to be committed by a group of persons without preliminary collusion if perpetrators being involved in a crime didn't arrange about it beforehand.
(2) A crime is considered to be committed by a group of persons by preliminary collusion if perpetrators being involved in a crime arranged beforehand to commit it jointly.
(3) A crime is deemed to be committed by an organized group if it was committed by a stable group of persons who united beforehand for committing one or several crimes.
(4) A confederacy is deemed to be unification of two or several criminal groups for the purpose of repeated commission of felonies and especially grievous crimes , its activity is based on division of functions of control and execution of criminal aims between members of the confederacy and its structures.
(5) A crime is deemed to be committed by a confederacy if it was committed by a member (members) of such confederacy for fulfilling its criminal aims, as well as on the instructions of the confederacy by a person who is not the member of this confederacy.
(6) A person who has established an organized group or confederacy shall be subject to criminal liability in cases provided for by corresponding articles of the Special Part, as well as he shall bear criminal liability for all crimes committed by his intent. Other members of the confederacy or organized group bear criminal liability for participation in them and for crimes in which they were involved.
(7) Formation of an organized criminal group in the cases not provided by articles of the Special Part of the Code entails criminal liability for the preparation for those crimes for committing of which it is established.
(8) Persons indicated in the present article bear liability without reference to Article 37 of the General Part of the Code.
If an offender of a criminal organization or group appears voluntarily before law enforcement bodies and renders an active assistance in exposing criminal premeditation before committing a crime, he is not liable to a sentence.
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