Germany, in: Reed, Bohlander Participation in Crime, Ahgate 2013, 323-339.
10 Pages Posted: 1 Sep 2014
Date Written: 2013
The paper explains and analyses the law on participation in/parties to a crime in German criminal law. It starts with a description of the types of participation and the general basis of attributing criminal liability for acts of others in German law. It first analyses the forms of perpetration, namely direct, indirect and co-perpetration, in particular the doctrine of indirect perpetration by means of the use of innocent agents (mittelbare Täterschaft) and of responsible agents (within the context of crimes committed by means of a hierarchical organisation). Further, the forms of secondary participation will be analysed, i.e., abetting/instigation and assisting/aiding. As a specific issue the concept of joint criminal enterprise, albeit not formally recognized in German criminal law, will be explored. Further specific issues are the effect of errors and transferred malice/aberratio ictus scenarios in the person of one participant on the liability of the other participants, Withdrawal from participation and corporate liability. Last but not least, the sentencing regime for participants will be explained.
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