Ameet to all the constitutive elements of the crime in order to be criminally liable both accomplices to be criminally liable and to be sanctioned with the punishment provided by law for the crime in the standard version although they do not hold the status of public servant since the personal circumstances of the coauthor who holds the status of public servant would turn into real circumstances and would turn on the accomplices. In short it would lead to the situation where without other elements that can lead to the removal of criminal liability the person who directly commits the act is not.
Criminally liable the coauthor who does not hold the status of a public official Country Email List and the persons who help in any way to be criminally responsible for the commission of the act accomplices who do not hold the status of civil servants. . Analyzing these criticisms the Court finds that the term circumstance is used by the legislator to name different circumstances i.e. states situations qualities or other facts of reality which are outside the essential content of the crime but which being related either with the committed deed or with.
The person of the offender increase or decrease the degree of social danger of the act or the dangerousness of the offender being able to determine due to this influence either an aggravation or a mitigation of the concrete punishment. Practically unlike the constitutive elements of the crime the circumstances do not influence the existence of the crime in the basic version their absence does not lead to the nonexistence of the crime in the typical form of the crime. In other words the circumstances only influence the quality and quantity of punishment in a given case not the existence of the typical form of the crime. . In relation to the object to which it refers perpetrator or deed.
發表於 2023-12-27 18:37:25
