DOI: 10.12737/2500-333x-2026-11-3-205-209 ISSN: 2500-333X

Objective and subjective elements of complicity

G. Magomedov

The article examines the objective and subjective elements of complicity. It demonstrates that the subjective elements of complicity under the Criminal Code of the Russian Federation constitute 
a complex yet coherent system based on the principle of intent. Key elements include the unity of intent, the awareness of acting jointly, and the existence of a subjective link between the participants. Each type of accomplice possesses specific characteristics regarding the subjective aspect of the offense, while an "excess by the perpetrator" illustrates the limits of this link. The absence of a unified intent (for instance, in cases of joint activity involving negligence or a mere coincidence 
of circumstances) precludes classification under the rules governing complicity. Precisely establishing these subjective elements is a prerequisite for the correct legal assessment of the actions of multiple individuals and for upholding the principle of justice in criminal law.

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