Criminal Law Concept : Background III
Criminal Law Concept : Background III
Continue From Criminal Law Concept : Background II
Accomplices not mentioned in the law or precept incur latae sententiae penalty for a crime if it had not been committed without their help and the pain is of such nature that they too may be affected, otherwise can be punished with ferendae sententiae. Title III of the Code of Canon Law, the Vatican Edition AUTHOR: John Paul II, Pope.
Given in Rome, the 25th of January 1983
- REGULAR WAYS OF PARTICIPATION .-
It is generally part of the fact that it is necessary and fair, from a viewpoint of criminal policy, repression of all those who go differently for committing the criminal act, anyone who has been his intervention. There are two basic systems in the treatment of participation.
The first, called unitary system, is seen as all authors who, in one way or another, contribute to the execution of the crime. It is essential that the intervention of each is because of the result. Distinguish the importance of each of these interventions only factor for determining the penalty. This concept has been criticized mainly because it is inconsistent with the guarantee function of criminal law, as enshrined in the principle of legality. This principle would be undermined if it is perceived as an author to anyone that contributes causally to the production of the result, only later to practice some distinctions. Moreover, their acceptance would lead to an excessive expansion of the repressive function. Finally, it is counterproductive because, in practice, you can not avoid making distinctions at the time of sentencing.
The second system called differentiating system, is to distinguish the various forms of assistance for people who commit a criminal act. This is the traditional and predominant orientation in the doctrine and legislation. Proponents but agree on the need and feasibility of distinguishing between the participants, are not answered on the approach to be used for that purpose.
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