The punishment ground of complicity in the stricter sense, with special regard to aiding and abetting
In this paper, the seven most important opinions about the punishment ground of complicity in the stricter sense, with special regard to aiding and abetting, have been presented and critically assessed. This involved the following doctrines: The Theory of Participation in the Guilt, the Theory of Pa...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Novi Sad, Faculty of Law
2023-01-01
|
| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2023/0550-21792302479M.pdf |
| _version_ | 1797395852261588992 |
|---|---|
| author | Marković Ivana Z. |
| author_facet | Marković Ivana Z. |
| author_sort | Marković Ivana Z. |
| collection | DOAJ |
| description | In this paper, the seven most important opinions about the punishment ground of complicity in the stricter sense, with special regard to aiding and abetting, have been presented and critically assessed. This involved the following doctrines: The Theory of Participation in the Guilt, the Theory of Participation in the Wrong, Solidarity as Punishment Ground, the Pure Theory of Causation, the Accessoriness-Oriented Theory of Causation, the Theory of the Accessory Attack on the Legal Good, and the Intensification-Principle. Lastly, additional criticism, beyond the officially acknowledged critical voices, has been expressed. It was concluded that the least controversial and at the same time the theory closest to the legal text, therefore the most acceptable one is that of the Accessory Attack on the Legal Good. |
| first_indexed | 2024-03-09T00:41:43Z |
| format | Article |
| id | doaj.art-7cb1d033ee4f464b9cd5f1e3c77ccd87 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-03-09T00:41:43Z |
| publishDate | 2023-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-7cb1d033ee4f464b9cd5f1e3c77ccd872023-12-11T17:47:53ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552023-01-0157247949610.5937/zrpfns57-434330550-21792302479MThe punishment ground of complicity in the stricter sense, with special regard to aiding and abettingMarković Ivana Z.0https://orcid.org/0000-0003-2419-7808Univerzitet u Beogradu, Pravni fakultet, Beograd, SerbiaIn this paper, the seven most important opinions about the punishment ground of complicity in the stricter sense, with special regard to aiding and abetting, have been presented and critically assessed. This involved the following doctrines: The Theory of Participation in the Guilt, the Theory of Participation in the Wrong, Solidarity as Punishment Ground, the Pure Theory of Causation, the Accessoriness-Oriented Theory of Causation, the Theory of the Accessory Attack on the Legal Good, and the Intensification-Principle. Lastly, additional criticism, beyond the officially acknowledged critical voices, has been expressed. It was concluded that the least controversial and at the same time the theory closest to the legal text, therefore the most acceptable one is that of the Accessory Attack on the Legal Good.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2023/0550-21792302479M.pdftheories on punishment groundscomplicity in the stricter sensecorruption theoriessolidaritytheories of causationaccessorinessintensification |
| spellingShingle | Marković Ivana Z. The punishment ground of complicity in the stricter sense, with special regard to aiding and abetting Zbornik Radova: Pravni Fakultet u Novom Sadu theories on punishment grounds complicity in the stricter sense corruption theories solidarity theories of causation accessoriness intensification |
| title | The punishment ground of complicity in the stricter sense, with special regard to aiding and abetting |
| title_full | The punishment ground of complicity in the stricter sense, with special regard to aiding and abetting |
| title_fullStr | The punishment ground of complicity in the stricter sense, with special regard to aiding and abetting |
| title_full_unstemmed | The punishment ground of complicity in the stricter sense, with special regard to aiding and abetting |
| title_short | The punishment ground of complicity in the stricter sense, with special regard to aiding and abetting |
| title_sort | punishment ground of complicity in the stricter sense with special regard to aiding and abetting |
| topic | theories on punishment grounds complicity in the stricter sense corruption theories solidarity theories of causation accessoriness intensification |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2023/0550-21792302479M.pdf |
| work_keys_str_mv | AT markovicivanaz thepunishmentgroundofcomplicityinthestrictersensewithspecialregardtoaidingandabetting AT markovicivanaz punishmentgroundofcomplicityinthestrictersensewithspecialregardtoaidingandabetting |