Abstract
<p>The entire study is devoted to the question of the imputability of criminal responsibility to a minor acting under the conditions set out in Article 10 § 2 of the Criminal Code for acts committed in various phenomenal forms. In the second part of the study, the author justifies his own concept, referring it to the construction of a single entity, in particular using the so-called indirect agency as well as incitement and aiding. The work ends with a concise conclusion combined with a reference to the general rules of interpretation.</p>
Highlights
The entire study is devoted to the question of the imputability of criminal responsibility to a minor acting under the conditions set out in Article 10 § 2 of the Criminal Code for acts committed
The content contained in the provisions of the general part thereof needs to be taken into account. If this is the case, why not consider the content of Article 18 § 1 CC when reproducing the scope of direct perpetration? The basis for a concept differing from that presented is the assumption that in the case of incitement, aiding/abetting, directing the commission of offence and solicitation to commit an offence, the definition of a prohibited conduct is determined based on the general part of CC, forming embodiments of complicity of a prohibited act in conjunction with the relevant special part provision, and for direct perpetration the content of the prohibition stems directly from the provision of the special part of CC without the need to resort to the provision defining a given embodiment of complicity1
It has been found above that a particular accomplice can never be attributed full statutory criteria of an offence committed in actual complicity without applying the criteria of complicity set out in Article 18 § 1 CC, and sometimes they cannot be attributed to a parallel perpetrator2
Summary
The entire study is devoted to the question of the imputability of criminal responsibility to a minor acting under the conditions set out in Article 10 § 2 of the Criminal Code for acts committed.
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