Features of Fixing of Joint Commission of Crime in Legislation of Some the States of the Ancient East and the Epoch of Antiquity

Abstract

A study of the joint commission of a crime as a legal phenomenon, which is enshrined in the written legislative acts of the first state formations of the Ancient East and some states of the era of antiquity, is carried out. The article considers the norms of a criminal-legal nature, which include certain provisions concerning the joint commission of a crime. Analyzed the basic laws of Ancient Egypt, Sumer, Babylon, Assyria, India, China and Japan, Greece and Rome. The analysis was made of the norms of a criminal-legal nature, in which provisions on joint infliction of harm are mentioned in one way or another. Possible types of joint commission of a crime and persons jointly participating in the commission of unlawful acts, the grounds and limits of criminal responsibility, types of group entities within which crimes are jointly committed have been established. A number of theoretical provisions have been identified and systematized, reflecting the criminal law views of the legislators of the Ancient East and Antiquity on the socially dangerous nature and harmfulness of the joint crime. It is determined that the ancient oriental and ancient legislators consolidate the first provisions concerning the joint commission of a crime casuistically, that is, fixing specific cases in the “body” of the norms; in the legislation such structures of crime are fixed, the commission of which alone seems either unlikely or impossible; Among the possible types of joint commission of a crime, the legislator pays more attention to the implication, expressed in concealment, non-reporting or connivance. It is argued that this is due to the excellent degree of public danger of such cases, since it is they that create the determination in others to commit a crime.