Criminal Law Concept : Background II
Criminal Law Concept : Background II
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1329 § 1. Those with the same criminal intent a part in the commission of a crime, and are not specifically mentioned in the law or precept be set ferendae sententiae penalties against the author, are subject to the same penalties, or others of the same or minor. Title III of the Code of Canon Law, the Vatican Edition AUTHOR: John Paul II, Pope.
Given in Rome, the day January 25, 1983
In the work of pilots and commentators is the first legal construction of the theory of partnership with the difference that was made between partners to the crime and partners in crime – with a lesser punishment for the latter, a distinction that corresponded to modern doctrine between postal and accomplices.
The sequencing of responsibility between the author and their accomplices, which was outlined in the statutory right under the influence of the practical way to modern law, from Carolina to the Codes of the nineteenth century .- The latter (with the exception of the French Code 1,810 1.791 follows that of sentences that equated the perpetrators and accomplices) punished the participants with the same side as the principal. In Italy were inspired by this principle, the Code Tuscan, Sardinian-Italian and finally Zanardelli Code of 1.889.
In our legislation to be prepared the Draft 1.916, the Peruvian legislature retained a large part of the provisions of the Code of 1.863, but modified some and added others. The innovations introduced are shy receptions 1.906 Argentine Project, the Draft Swiss Penal Code 1.915 and 1.881 Dutchman. The Swiss influence is evident in the power given to the judge to mitigate the pain of secondary complications. These rules were retained in the final, while Argentina was marked influence, becoming particularly evident in the way how to describe different forms of participation (Articles 23, 24 and 25).
We believe that the result reached by the Peruvian legislature is not positive. The diversity of sources used, without having carefully coordinated and certified, could not facilitate the development of harmonious and clear regulation of the problems involved in participation.
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Tags: criminal, Criminal Law, Criminal Law Concept, John Paul II, law, Title III of the Code of Canon Law
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