The principal offender acting through an innocent agent: concept and types
Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2016, Vol 1, Issue 31
Abstract
In the article the generic term which has as parts the principal offender, the coprincipal offender and the principal offender acting through an innocent agent is determined as «accomplices who committed an act which forms objective side of actus reus». Depending on whether an act which forms objective side of actus reus committed personally or through an innocent agent the types of accomplices who committed this act are distinguished on personally (physical) and mediate (intellectual). The personally (physical) accomplice who committed an act which forms objective side of actus reus is determined as the principal offender (the co-principal offender) who committed an act which forms objective side of actus reus by own actions or omission and mediate (intellectual) is determined as the principal offender (the co-principal offender) who committed an act which forms objective side of actus reus not by own actions or omission but by an act of other person. In turn the mediate accomplices who committed an act which forms objective side of actus reus depending on whether they committed that act by using other person as an innocent agent or by set mission (delegation) its commission other person are distinguished on the principal offender (the co-principal offender) which committed a crime by using other person as an innocent agent and the co-principal offender-appointor. The principal offender (the co-principal offender) which committed a crime by using other person as an innocent agent is determined as a person which having features of the subject of crime used as instrument of implementing the objective side of actus reus committed in complicity other person knowing that it is in accordance to law not liable to criminal proceedings or commits a crime through negligence. In turn the co-principal offender-appointor is determined as a person which entrusted (delegated) physical committing an act which completely forms objective side of actus reus other co-principal offender in consequence of impossibility or inadvisability of its committing by all co-principal offenders.
Authors and Affiliations
I. А. Zinovieva
Keywords
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