Co-Perpetration in Criminal Law
Keywords:
Criminal act, Co-perpetration, ComplicitySynopsis
Co-perpetration is a particularly complex institution of criminal law that gives rise to numerous issues at both the theoretical and practical levels. Substantively, this monograph examines the legal nature of participation by multiple persons in the commission of a criminal offence and explores the principal theoretical approaches to (co-)perpetration. Particular attention is devoted to the conceptual definition of co-perpetration, as well as to the analysis of the decision to commit an offence and the joint execution of a criminal offence as its subjective and objective elements. Significant parts of the study are dedicated to distinguishing this criminal law institution from other forms of participation by several persons in the commission of a criminal offence, as well as to examining its relationship with other institutes of the General Part of criminal law, including preparation and attempt, voluntary withdrawal, culpability, and sentencing. Finally, it should be emphasized that co-perpetration, as an important feature not only of criminal law theory but also of positive criminal law, is analysed within the framework of relevant legal provisions and illustrated through appropriate examples drawn from both domestic and comparative judicial practice.
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