The Concept Of Secondary Crime

  • A.S. Mikish
Keywords: secondary criminal activity, secondary crime, concept of secondary crime, predicate crime, legalization of income.


In recent years, the legal literature has begun to use the concept of secondary crime, which has long been used in German criminal law and is based on the theory of involvement in a crime. An analysis of the domestic criminal law literature suggests that this concept has not yet been sufficiently disclosed by anyone. It should be noted that the problems of involvement in the crime are given much less attention than, for example, complicity. This can be explained by the fact that involvement is considered by individual scholars within the institute of complicity. Despite the fact that scientific research on this topic has been going on for a long time, there is no consensus among scientists on the essence of both involvement in the crime and secondary crime. This situation hinders the study and understanding of the legal nature of a number of torts, their social danger. As a result, there is a need to compensate for the lack of disclosure of issues related to the interpretation of involvement in the crime, the criminalization of a number of relevant acts and their qualification, by considering them through the prism of secondary criminal activity. It should be noted that the concept of secondary criminal activity does not coincide with the concept of involvement in a crime, but it is the theory of involvement that underlies the division of crimes into primary and secondary.

Money laundering is one of the most dangerous crimes of our time, as it has a negative impact on the national economy and can undermine its stability. The most negative consequence is that legalized proceeds become the basis for further criminal activity