Participant (criminal law)

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In the German criminal law are as participation the commission forms of incitement ( § 26 of the Criminal Code ) and aid ( § 27 referred to the Criminal Code). In contrast to the accomplice , the participant is liable to prosecution because he is involved in an act that is strange to him. The worthlessness of participation is primarily based on the worthlessness of the main act; in addition, it is also argued that it is based on its own worthlessness. Participation in an intentional and unlawful act is ancillary to this . Only if there is a main offense that complies with a criminal offense and is unlawful can participation in it be considered punishable. However, the guilt of the perpetrator of the main offense is irrelevant for criminal liability. Participation is therefore also punishable if the main culprit is not at fault or at a limited level. However, the accessibility of participation is restricted within the framework of Section 28 of the German Criminal Code (so-called limited accessibility ). According to this, personal characteristics justifying criminal liability, which are missing in the participant, lead to an obligatory reduction in punishment according to Section 49 (1) StGB; Personal characteristics that aggravate, mitigate or exclude sentences only apply to the perpetrator or participant who has them.

Due to the clear wording of the law , participation is only possible in deliberate, not negligent, crimes. In the area of ​​negligence offenses, the term “unified offender” applies.

While the instigator according to § 26 is StGB principle as a culprit punished (except, if appropriate, in the context of § 28 CC), the assistant enjoys according to § 27 1 SCC Abs. The privilege of mitigation according to § 49 , para. 1 SCC.

See also

literature

  • Herbert Tröndle / Thomas Fischer: Criminal Code and Ancillary Laws , 54th edition, Verlag CH Beck, Munich 2007, ISBN 3-406-55477-6 , before § 25 Rn 6 ff .; § 26, § 27.
  • Shahryar Ebrahim-Nesbat: The development of criminal forms of participation in the 19th century , Frankfurt am Main, New York, Oxford [among others] 2006, ISBN 978-3-631-55620-7 or ISBN 3-631-55620-9 .
  • Claus Roxin : Criminal Law. General part. (Volume 2). Beck Verlag, Munich 2003, ISBN 3-406-43868-7 , pp. 123-231.

Web links

Wikiquote: Participation  - Quotes
Wiktionary: Participation  - explanations of meanings, word origins, synonyms, translations