Legal incentives of positive post-criminal behaviour of participants of conspiracy (criminal association) needs improvement
The analysis of Russian legislative and law enforcement practice demonstrates that the state finds compromise to be a very significant trend of criminal policy at present. The legal regulation of criminal complicity institution is impossible without applying to compromise institution, as the latter is to secure fixed compromise for any accessory in exchange for his or her positive postcriminal behaviour, which requires strong motivation. Compromise in criminal law exists in the form of the so-called incentive norms of release for persons who have committed a penal act in return for their positive post-criminal behaviour. The number of incentive norms in the Criminal Law of the Russian Federation is constantly growing. In accordance with the Note to Article 210 of the Criminal Code of the Russian Federation a person who has voluntary abandoned a conspiracy (criminal association) or structural subdivision thereof, or in association of organizers, heads or other representatives of organized groups and who has actively contributed to the solution or suppression of this crime, shall be released from criminal liability, if his or her actions do not contain formal elements of other crime. This article describes compulsory conditions for a person to be released from criminal liability as well as the subjects to whom this incentive norm can be applied to according to the Note to Article 210 of the Criminal Code of the Russian Federation: 1) a person voluntary ceases to participate in a conspiracy (criminal association) or structural subdivision thereof, or in association of organizers, heads or other representatives of organized groups; and 2) a person actively contributes to the solution or suppression of this crime; and 3) his or her actions do not contain formal elements of other crime. Together with that, the conclusion is made on the necessity to extend the definition of participants of a conspiracy (criminal association) subject to this Note. It is suggested to solve the above-stated problem by amending the current Criminal Law of the Russian Federation.