The provision of Art. 321, Para. 6 CC: Judicial practice in search of the legislative rationale

Abstract

The article examines the institute of Art. 321, para. 6 CC (Criminal Code), combining a detailed theoretical analysis and an analysis of the entire judicial practice of its implementation. Critical consideration is given to various approaches to its interpretation, including the matters of the criminal act nature, the completeness of the corpus, and the comparison with the formation, management and participation in various types of criminal associations as forms of organized criminal activity and arrangements close thereto which relate to stages of criminal partnership, including forms of preparation, collusion and complicity. Hypotheses are outlined of regulatory omissions and complicated qualification in alternative corpora and criminal sets. Practical criteria are deduced for differentiating the field of application of Art. 321, para. 6 CC from similar phenomena.