Criminal Law Concept : Introduction
Criminal Law Concept : Introduction
Before dealing with cases of co-authored the national legislature has regulated as a form of “participation in the offense”, let us once again, due to the persistence with which judges and lawyers called authors to the cases mentioned in Article 23 should only be classified as such that directly execute a typical action and those who carried out through an intermediary acting material (author mediate). While the determination of the first was made by the legislature to develop each type of law, that of the latter, is the work of the doctrine.
When the art. 23 of the Penal Code, statues that are considered as authors “those who commit it together,” he is referring to the sponsors, not the author (stricto sensu), as it did not “take part of the execution,” but simply “made the offense. ” Needless, therefore, to criticize this expression for the reason that “alone is not sufficient to characterize the author.”
Clearly, the statutory formula is the key to solving all the problems that arise, and that it has to be interpreted. But in this operation, you need to stay within the guidance adopted by the legislature, without trying to force it to make it consistent with a doctrinal concept that is foreign.
However, it is necessary in this paper address different perspectives on the nature of the co-authorship in order to have a greater understanding of it within the Theory of Authorship and Criminal Involvement .-
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