Punishment and other measures of a criminal-law nature for certain forms of complicity in a criminal offence

Abstract

The article presents a comprehensive analysis of punishment and other measures of a criminal-law nature applicable to certain forms of complicity in a criminal offence. The relevance of the study is conditioned by the transformation of contemporary understandings of punishment, which is no longer regarded solely as an instrument of retribution but as a multifunctional mechanism combining preventive and restorative elements. It is emphasised that, notwithstanding the development of criminal-law policy, the current legislation of Ukraine remains imperfect in terms of the construction of sanctions for complicity in criminal offences, thereby reducing the effectiveness of law enforcement.

The article establishes that the institution of complicity in a criminal offence constitutes an independent element of the criminal-law mechanism, encompassing acts that are not directly connected with the commission of an offence but that facilitate its concealment, the exploitation of its proceeds, or the functioning of criminal activity. An analysis is conducted of the sanctions provided for by the criminal-law provisions of Articles 198, 209, 256, and 396 of the Criminal Code of Ukraine, with particular regard to their alternative, relatively determinate, and cumulative character. It is demonstrated that the sanctions applicable to different forms of complicity differ substantially in their degree of severity, which is attributable to the varying levels of public danger posed by the respective acts.

Particular attention is devoted to the possibility of applying other measures of a criminal-law nature, including release from serving a sentence on probation, release from criminal liability on the grounds of reconciliation or changed circumstances, as well as measures applicable to legal persons in cases involving the legalisation of property. It is argued that such measures play a significant role in ensuring the individualisation of the criminal-law response.

The scientific novelty of the study lies in the development of a systematic approach to assessing sanctions for involvement in a criminal offense through the prism of their consistency, proportionality, and functional purpose, as well as in identifying patterns in their application based on the analysis of judicial practice.

The empirical basis of the study consists of an analysis of 241 court judgments in Ukraine under Articles 198, 209, 256, and 396 of the Criminal Code of Ukraine, which made it possible to quantitatively assess sentencing practices and the application of other criminal law measures; in particular, it revealed the limited use of measures applied to legal entities.

The findings of the study reveal a number of shortcomings, including the disproportionality of sanctions relative to the degree of public danger, insufficient coherence among the relevant provisions, and the limited application of alternative measures. Proposals are advanced for the improvement of criminal legislation, encompassing the unification of sanctions, the broader application of probation mechanisms, and the clarification of the constituent elements of criminal offences. The article concludes that a systematic approach to the determination of punishment and other measures of a criminal-law nature for complicity in a criminal offence is necessary in order to enhance the effectiveness of criminal-law regulation.