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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. Read the rest of this entry »

Criminal Law Concept : Background II

Continue From Criminal Law Concept : Background

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. Read the rest of this entry »

Criminal Law Concept : Background

From a crime in the ancient criminal law may be committed by one person or several, we can say that the Italians were the first to try to organize the “drug related crime.” The Romans did not know a general scheme of the competition of people for a crime, but the rules dictated by the various types of crime. So when dealing with the murder, established the responsibility not only to the perpetrator, but of everyone who had been a cause of crime. But recognize and distinguish various forms of competition and the activities of the partner in crime. It held the fragment of PAULO, which, in connection with theft of a beam, we analyze the different contributions of the robbers, according to the principle of division of labor. The various figures of the partners were accomplices, post office, helpers, accessories, executors, participate, designating the immediate perpetrators as “major crime” and those who had paid to the leaders or the perpetrators as an aid materials known as “Ministerium.” Admitted the competition was negative (shall be punished with the same penalty that having failed to prevent crime, not prevented) .- Read the rest of this entry »

Criminal Law Concept : Introduction II

The importance of the subject is given as we intend to publicize the need for judges, lawyers and prosecutors not stop the application of this figure in cases appropriate to base with a dogmatic approach, thus avoiding the impunity that crimes committed jointly per subject and face a lack of precision in concept the most responsible, the heads of criminal gangs end being punished just as mere accomplices derisory sentences, or vice versa simply using involvement in co-authorship become disproportionate to penalties by participating.

In this paper, we determine the true meaning of article 23 seeking his genuine CP reaches the standard wings correlating and integrating other punitive provisions looking to throw some political and social assessments which inspired the legislature to regulate the forms of ownership and participation. Read the rest of this entry »

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. Read the rest of this entry »