Qualified types of escape: current issues of theory and practice

Abstract

The current issues related to the qualifying signs of escape are investigated. The article analyzes the qualified elements of crimes provided for in Parts 2 and 3 of Articles 313 of the Criminal Code of the Russian Federation. The article considers in which cases escape by a group of persons by prior agreement or by an organized group and (or) with the use of violence dangerous to life or health, or with the threat of such violence, with the use of weapons or objects used as weapons, is covered by the qualification under Parts 2 and 3 of art. 313 of the Criminal Code of the Russian Federation, and in what cases additional qualifications are required under the relevant article of the Special Part of the Criminal Code of the Russian Federation according to the rules on the totality of crimes. The issues of qualifying the actions of accomplices in the escape are being studied, as well as the question of whether an organized group (Part 2 of Article 313 of the Criminal Code of the Russian Federation) may include a person who does not possess the characteristics of a special entity.