PROBLEMS OF CORRELATION BETWEEN PROVOCATION OF CRIME AND COMPLICITY

Abstract

In the normative regulations of various foreign countries, doctrinal comments, legal positions formed in stable case law, there are often parallels between provocation of a crime and complicity, which in the absence of a unified approach to the legal essence of provocation of a crime in criminal law makes it urgent to conduct a study of the relationship of these institutions and the problems arising around it.

During of work, we made the subject of the study the features of the institutions of complicity and provocation of crime, as well as the doctrinal comments of different authors, various regulations of foreign countries, it was possible to come to the conclusion that there are a number of common features between the two institutions that are the subject of discussion, which may also indicate that in the absence of clear criminal-legal norms regarding the provocation of a crime, it may be possible to consider it as a kind of manifestation of complicity.

At the same time, as a result of the work, it became possible to state that there are fundamental differences between the goals of provocation and the individual elements that make up the methods of committing a crime, which suggests that they cannot be identified and should be considered separately from each other.