Georgievskiy, E.V. Genesis of the institution of co-participation in the criminal law of the Ancient Russia

Abstract: The institution of co-participation in crime was formed gradually in the ancient Russian law, but it was not isolated from similar institutions of their nearest Slavic and European neighbors. Together with the gradual legislative formation of the institution of co-participation in crime, the judicial practice in this sphere was accumulated and analyzed; the criminal law means against group commission of crimes were formed. It is clear that the institution of co-participation in crime may be based on the ancient Slavic mythic and epic opposition «one participant — many participants», which was typical for the world view of the ancient people. The same matter accounts for the specific features of differentiation of criminal responsibility with greater responsibility in cases of co-participation in the criminal law of the Ancient Russia. It was specific, and was viewed through the prism of attitude of the victim towards the group crime. The more people participated in a group crime, the greater was the gravity of the offence to a victim. Each of the co-participants in crime paid a separate fine in a same amount with the other co-participants, while the amount of fine per person was equal to a fine for a crime committed by a single person.

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