The Excess of the Perpetrator and Other Accomplices of the Crime: Gaps in Criminal Law Regulation and Prospects for Improvement

The article analyzes the features of the legislative consolidation of the concept of excess of the performer, identifies gaps in criminal law regulation and justifies the need to eliminate them. The views of scientists on the problem of the legal assessment of the excesses of the perpetrator are investigated; various opinions are compared on the issue of determining the role of causality in the crime committed by accomplices; the possibility of causing negligent consequences by the perpetrator as a result of the commission of an act not covered by the intent of other accomplices is considered.; the problems of qualification of criminal acts in which there is an unclassified intent of an accomplice are studied. Particular attention is paid to the numerous judicial errors in the qualification of the actions of accomplices in the conditions of performance excess. At the same time, the emphasis is placed on the fact that cases of excesses of other accomplices are not covered by the norms of criminal legislation. For a uniform understanding of the theory and practice of the excess of the perpetrator and other accomplices of the crime, the expediency of making changes to the legislative regulation of the institution of complicity is argued.

excess of the performer, complicity, accomplices in a crime, act, causal relationship, intent, criminal liability