Zjawiskowe formy popełnienia czynu zabronionego w prawie karnym Ukrainy
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Complicity in crime is one of the forms of criminal activity. It has its specific features which allow the scholars to treat complicity as a separate criminal law institution. These specific features comprise the following elements: a) the participation in the commission of an offence of two or more persons bears a heightened danger for the public safety; b) an offence with its statutory features is committed only due to the joint action of all participants. The institution of complicity in the commission of an offence is regulated in greater detail by the Criminal Code of Ukraine from 2001 than it was the case in the Criminal Code form 1960. The whole Chapter IV of the General Part of the Criminal Code of Ukraine entitled “Complicity in the commission of an offence” is devoted to it. Some norms referring to the problem can also be found in the Special Part of the Criminal Code of Ukraine. Despite such a detailed legal cover of the institution of complicity in the Criminal Code of Ukraine, individual problems are not sufficiently explained and there are some internal contradictions as well. Therefore the issues, conclusions and propositions presented in this article referring to the improvement of the criminal law seem to be up to date and indispensable. It is necessary to amend the individual legal issues referring to complicity and to explain them with greater precision. This will foster greater effectiveness in counteracting such criminal acts.
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