Institute of Involvement for Crime in History Foreign Science of Criminal Law (Views of European Scientists of the Period from 18th to the Beginning 20th Centuries)
The relevance of this study is beyond doubt, since understanding the essence of the institution of involvement in crime and its forms is impossible without considering this institution in the science of criminal law. The article is devoted to the study of the views of European scientists of the period from eighteenth to the beginning twentieth centuries on the institution of involvement in crime. The institution of involvement in crime and its forms (concealment of crimes, failure to report a planned or committed crime, connivance to a crime) were of interest to scientists from different historical periods. This analysis is necessary in order to understand how, at the beginning of its formation, the institution of involvement in crime was formulated and presented in the works of prominent European scientists of period from 18th to the beginning 20th centuries. The purpose of the study is to identify the features of the institution of involvement in crime and its forms in the history of the science of foreign criminal law. Objectives: consideration of the opinions of European scientists on the institution of involvement in crime and its forms (concealment of crimes, failure to report a planned or committed crime, connivance of a crime) in order to understand how this institution was interpreted in the history of the science of foreign criminal law. Methodology. The research was based on the general philosophical dialectical method of scientific cognition, which allowed us to identify contradictions in the approaches of lawyers of the past to the issue under study. In addition, private scientific methods were used: historical and legal approach others; the system-structural method, of the formal-logical method. Results. The conducted research will allow the author to formulate his own concept of “involvement in crime” and its forms, as well as to determine the place of this institution in criminal law. Conclusions. A retrospective analysis showed that in the European science of criminal law of the period from eighteenth to the beginning twentieth centuries. There were four points of view regarding the essence of the institution of involvement in a crime: involvement in a crime is complicity; co-blame or a subordinate crime associated with complicity; complicity after the commission of the crime; an independent type of crime. Consideration of the views of European scientists of the period from eighteenth to the beginning twentieth centuries on the issues of the institution of implication for crime is of paramount importance for further deep and comprehensive research of this specific legal institution.