chapter  25
18 Pages


ByR. Murat Önok

This chapter explains the latter two types of control further below, under 'principals by proxy' and 'joint criminal enterprise'. In case of joint principals, it is argued that in both cases, where the error or aberratio is irrelevant, there is no effect from the viewpoint of criminal responsibility, and all joint participants shall be held responsible as if the intended result had materialised. Where an aider withdraws, academic writings argue that the crime should have been completed independently of the prior contribution of the participant who gave up supporting its commission. Although abettors are subject to the full punishment, they are regarded as secondary participants. As in German law, any person participating in the commission of a negligent offence, if not a principal offender, may only be held responsible under general rules relating to negligence.