Some Problems of Responsibility for Unfinished Crimes in Russian Criminal Law
The aim of the study is to improve criminal liability for unfinished crimes. In its course, problems were identified related to the qualification of unfinished crimes under Part 1 or Part 2 of Art. 105 "Murder" and under part 3 of Art. 30 “Preparation for a crime and attempted crime” of the Criminal Code of the Russian Federation, as well as the consequences of the implementation of the provisions of Part 2 and Part 3 of Art. 66 "Sentencing for an unfinished crime" of the Criminal Code of the Russian Federation. It is proposed to state paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation as follows: "two or more persons or associated with the preparation for the murder of another person or attempted murder of another person." Art. 66, it is proposed to add part 5 of the following content: “When imposing a punishment for preparing for a crime or attempted crime in cases where the perpetrator, in the process of committing it, by his actions (inaction) performed another corpus delicti, which is part of a crime that was not completed in the intended volume, the court has the right not to apply the rules provided for by parts 2 and 3 of this article if it establishes that the operation of these norms will lead to the imposition of a punishment that does not sufficiently take into account the nature and degree of social danger of socially dangerous actions (inaction) committed by a person. As an alternative to the last sentence, it is recommended to state part 3 of Art. 66 of the Criminal Code as follows: "The term or amount of punishment for an incomplete attempt to commit a crime may not exceed three-quarters of the maximum term or amount of the most severe type of punishment provided for by the relevant article of the Special Part of this Code for a completed crime."