A group of persons, a group of persons by previous concert: criteria for distinguishing and problems of qualification

Abstract

This article deals with the problematic issues of qualification of criminal offenses committed by a group of persons, a group of persons by previous concert. Legislative and doctrinal definitions of a group of persons, a group of persons by previous concert as well as the criteria of separating these forms of participation are ana- lyzed; the conclusion about the inadmissibility of division of the concepts of group criminal offense and complicity is proved. The author, contrary to popularly gustative and doctrinal approaches, allows for the par- ticipation in the group of persons not only an accomplice, but also an accessory. New approaches to the re- search of this issue are expressed in theoretical postulates formulated by the author, as well as in the system of proposals to improve legislation.