Some Aspects of Criminal Participation

Abstract

In the social life, human activity may be performed by one person, but in some other people can contribute to the same activity. If this human activity is characterized by committing an act provided by the Criminal Law, and other persons are contributing to this deed, we are in the presence of participation to the commission of an offense under Criminal Law. In other words, we have a plurality of people who commit a crime stipulated by the criminal law. So who directly commits the deed directly is the author and the others are participants. In order to be in the presence of a criminal participation, it is not enough that other people participate, but the participants need to be animated by a common will, together with the author, to commit the crime provided by the Criminal Law. Another condition is that the crime provided by the Criminal Law has been committed by a larger number of persons than necessary, according to the nature of the act otherwise we will have either a plurality constituted either by natural plurality. The Romanian Criminal Law incriminates this form of plurality of offenders (also called occasional) in Title II, Chapter 6, entitled “The Author and the Participants.”

Keywords: accomplice, author, co-author, criminal participation, instigator