Necessary defense: features of defensive actions against encroachments committed in complicity

Abstract

 Relevance. The right to necessary defense implies the possibility of active protection from a socially dangerous encroachment by harming an encroaching person. However, such an encroachment may be carried out not by one, but by two or more persons combining their efforts and acting within the framework of the realization of a single intent. At the same time, these persons may act not only as perpetrators of the attack itself, but also as other types of accomplices. In connection with the above, it is of interest to analyze the features of defensive actions against encroachments committed in complicity.

The purpose of the article is to study the features of the criminal law assessment of defensive actions against socially dangerous assaults committed in complicity, for which the authors analyzed the provisions of Article 37 of the Criminal Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012 No. 19 "On the application by courts of legislation on necessary defense and harm during the detention of a person who committed a crime." as well as the opinions of scientists about the social danger of the actions of various types of accomplices in crime and their impact on achieving a common criminal result.

Conclusions. As a result of the conducted research, it was concluded that harming persons who commit an encroachment in complicity is lawful if the following conditions are met: the actions of an accomplice pose a danger to the defender or other persons; harm to an accomplice is caused immediately at the time of such actions; the harm caused is aimed at suppressing and repelling a socially dangerous encroachment or making it more difficult to commit it.. It follows from this that the infliction of harm by defensive actions is permissible in relation to persons who commit a socially dangerous encroachment in complicity, while not only directly carrying out the attack, but also performing organizational or aiding functions.

Keywords: necessary defense, causing harm, encroaching, defending, complicity, defensive actions, performer, organizer, instigator, accomplice.

EDN: XCEWRU