ABSTRACT

The special part of a criminal code defines the types of conduct that the state considers worthy of criminal punishment. As a general rule, the crimes are defined in a way that the only one who can commit the offence is the person who actually engages in the prohibited conduct. This chapter focuses on the Model Penal Code approach to criminal participation. In sum, under the Model Penal Code formulation of complicity the culpability of the different participants simply do not transfer to the rest. Each participant is held liable in accordance with his or her culpability, which may or may not be the same as the rest of the participants, including the perpetrator. It thus continues to be the case that accomplices may be punished as severely as perpetrators, even when the conduct giving rise to accomplice liability is trivial.