Basic Concepts
Commits the offence through another.
What is perpetrator by means?
(2) The penalty for the aider is determined in accordance with the penalty thretened for the offender. It must be mitigated pursuant to section 49 (1)
What is aiding?
What is section 27 StGB/GCC?
Assist during the commission (1) or provide opportunity, means or information.
What is aiding?
You commit a crime together and then a person commits an unplanned crime.
What is a joint criminal enterprise?
Sirius case.
What is Germany?
Someone whose liabilty can be established independently of all other parties.
What is a perpertrator?
Whoever intentionally induces another to intentionally commit an unlawful act (abettor) incurs the same penalty as an offender.
What is instigation?
What is section 26 StGB/GCC?
Article 47 Dutch Penal Code
What is a perpetrator?
Intend to assist + knowledge
What is double intention?
Accessories and Abettors Act 1861.
What is England?
Label wrongdoing with sufficient specificity to distinguish between different types of lawbreaking - communicate what the wrongdoer did.
What is fair labelling?
Section 26 and 27 German Criminal Code.
What is complicity?
Power + accpetance
Encouragement, no need for making a difference to the outcome.
What is abetting?
Accomplices receive reduced punishment - at least 1/3 unless otherwise prescribed.
What is the Netherlands?
Includes perpetrator, co-perpetrator, perpetrators-by-means, accomplices/ accessories, instigators, aiders.
What is participants.
Two or more persons. Agreement or common plan. Essential contribution to crime.
What is AR of co-perpetration?
Penalty reduced by 1/3.
What is aiding?
Accomplice must have knowledge that their underlying act / omission will help or influence crime (in practice, often looks like dolus eventualis).
What is mens rea requirement?
Requires power and acceptance.
What is the Netherlands?
Intent to engage in conduct, with some sort of intent, knowledge, or awareness as to results, nature of conduct or risks (unless strict liability).
Controlled commission & considerably influence.
Waht is "hegemony over the act"?
The accomplice must forsee and willingly accept the risk that their underlying act / omission will help or influence crime.
What is mens rea?
Exception to actus reus requirement: puppeteer pulls strings.
What is doctrine of innocent agency?
R v Jogee (2016)
What is England?