NCJ Number
60854
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 28 Issue: 2 Dated: (1978) Pages: 530-564
Date Published
1978
Length
35 pages
Annotation
THE PROVISIONS FOR DETERMINING THE RESPONSIBILITY OF PARTNERS IN CRIME IN POLISH CRIMINAL LAW ARE EXAMINED.
Abstract
MOST EUROPEAN COUNTRIES USE ONE OF TWO BASIC SYSTEMS TO DETERMINE THE RESPONSIBILITY OF PARTICIPANTS IN CRIMINAL OFFENSES. ACCORDING TO THE 'PARTICIPATION SYSTEM' (USED IN WEST GERMANY, FRANCE, AND SEVERAL COMMUNIST COUNTRIES), INSTIGATION TO CRIME AND AIDING AND ABETTING ARE CONSIDERED FORMS OF PARTICIPATION IN ANOTHER OFFENDER'S CRIMES. THEY ARE, HENCE, SUBSIDIARY TO AND DEPENDENT ON A MAIN OFFENSE. UNDER THE 'UNIFORM OFFENDER SYSTEM' (USED FOR EXAMPLE IN NORWAY, ITALY, AND DENMARK), EACH PARTICIPANT IN A CRIME BECOMES AN INDEPENDENT OFFENDER IN HIS OWN RIGHT AND HAS THE SAME RESPONSIBILITY AS THE MAIN OFFENDER. THE POLISH LEGAL SYSTEM, HOWEVER, HAS A THIRD SOLUTION TO THE PROBLEM AND DISTINGUISHES BETWEEN THREE TYPES OF OFFENSES-(1) SINGLE OFFENDERS, (2) ACCOMPLICES, AND (3) MAIN OFFENDERS, EACH OF WHICH IS REGULATED BY ITS OWN CODE OF LAW. FIRST SINGLE OFFENDERS COMMIT A CRIME ALONE AND WITHOUT ANYONE'S INSTIGATION. SECOND, COMPLICITY REFERS TO A TYPE OF OFFENSE IN WHICH EITHER EACH PARTICIPANT'S ACTION CONSTITUTES A CRIME IN ITSELF OR IN WHICH THE SUM OF THE ACTIONS OF BOTH OFFENDERS ADDS UP TO A CRIMINAL OFFENSE. DIFFERENT EXAMPLES OF COMPLICITY ARE DISCUSSED. THIRD, MAIN OFFENDER REFERS TO PERSONS DIRECTING AND MASTERMINDING AN OFFENSE COMMITTED BY ANOTHER OFFENDER. THE CONCEPTS OF AIDING AND ABETTING, AND INSTIGATION ON THE ONE HAND ARE CONTRASTED TO THE CONCEPT OF COMPLICITY. SPECIAL PROBLEMS IN DETERMINING LEGAL RESPONSIBILITY IN CASES OF INSTIGATION, AND AIDING AND ABETTING (E.G., RESPONSIBILITY IN NEGLIGENCE OFFENSES, OFFICIAL CORRUPTION) ARE DISCUSSED. THE ARTICLE CONTAINS FOOTNOTES. --IN GERMAN. (SAJ)