俄罗斯刑法共犯制度及相关争议问题

Institute of Complicity in Crime in Russian Criminal Law and Related Controversial Issues

共犯制度是刑法总则制度中最复杂,也是最具争议的问题。相较于中国刑法,俄罗斯刑法有关共犯制度的规定更加凸显从重处罚的价值取向(相对于单个人犯罪)。这不仅体现于《俄罗斯联邦刑法典》第7章关于共犯制度的专章集中规定(第32条至第36条),而且还见诸于总则其他条款(第31条第4、5款,第63条第1款第3、4项,第67条),以及分则诸多条款有关共犯责任和特别共犯的立法规定。与此同时,虽然俄学界对于共犯制度的研究已近200年的历史,但学界对于共犯制度中亟待解决的理论问题,仍然存在相当大的意见分歧。有关共犯及共犯人刑事责任的学理探讨,迄今为止仍然是百家争鸣且缺乏统一共识的研究现状。由于各类犯罪组织所实施社会危害行为的数量和规模不断扩张,多人实施行为之定罪过程存在相当数量的虚构与推定,追究各类共犯人刑事责任时引入不可胜数的假定式根据,从而导致共犯定罪过程困难重重。

The institution of complicity in crime is the most complex and controversial issue in the criminal law system.In comparison with the criminal legislation of China,the provisions of the Russian criminal legislation on the system of accomplices emphasize the value orientation of severe punishment(in relation to crimes committed by one person).This is reflected not only in the concentrated provisions of Chapter Ⅶ of the Criminal Code of the Russian Federation on the system of accomplices(Articles 32-36),but also in other provisions of the General Part of the Criminal Code of the Russian Federation(such as parts 4 and 5 of Article 31;paragraphs 3 and 4 of Part 1 of Article 63;Article 67),as well as the relevant legislative provisions of many provisions of the Special Part of the Criminal Code of the Russian Federation on the responsibility of accomplices and special accomplices.At the same time,despite the fact that the Russian scientific community has been studying the institution of complicity in crime for almost 200 years,there is still considerable disagreement in the scientific community regarding the theoretical problems that need to be solved in the system of complicity.The scientific debate on complicity itself and on the criminal responsibility of accomplices is still relevant and does not have a single consensus.The number and size of acts of public danger committed by various criminal organizations are increasing,there are a significant number of fictions and presumptions in the process of conviction for actions committed by several people,as well as countless hypothetical conditional grounds for criminal prosecution of all kinds of accomplices,which leads to the fact that the process of conviction for complicity is difficult.