Instigation can be defined as intentionally influencing someone to commit an act which has the characteristics of a criminal offence and is unlawful. This short and concise definition of instigation nevertheless raises numerous further questions with various implications. The article derives answers to these questions from principles of criminal legal doctrine. In addition to those issues the article analyses whole range of questions in which criminal policy considerations prevail. In particular, here belong issues of the framework of punishment for instigation and punishability of unsuccessful instigation.
COBISS.SI-ID: 11516753
In Slovenia (as well as throughout Europe), conditional release (parole) is becoming an increasingly important means of obtaining early release from prison. The authors consider the Slovenian legal regime for conditional release from the perspective of European prison law and policy. They argue that the Slovenian parole system, needs certain improvements, especially regarding procedural safeguards in the decision-making process. Good practices derived from comparative law are also discussed and taken into consideration in the authors' proposals for possible improvements to the Slovenian parole system de lege ferenda.
COBISS.SI-ID: 12072529
The article analyses aiding and abetting as a form of participation in criminal law. Firstly, the attention is paid to the time-limits of aiding and abetting, which, according to the author, have to be defined narrowly, and must not be stretched over the formal completion of the act. Another crucial question is delimitation of aiding and abetting and co-perpetration. The author argues that aiding and abetting can be, however, it must not be a necessary precondition for success of the act. In this respect he critically analyses some judicial decisions in which typical acts of aiding and abetting are held for co-perpetration, since they are deemed as necessary precondition for the criminal offence. Finally, the article addresses sentencing, where the author pleads for obligatory reduction of punishment in cases of aiding and abetting.
COBISS.SI-ID: 11930449
The article analyses solutions in the special part of Slovenian Criminal Code from 2008. There are novelties relevant from the aspect of group and organized crime that can be found in new descriptions of certain criminal offences (special attention is paid to offences against humanity, life and limb, sexual freedom, property and judiciary), moreover a new system of aggravated forms has been introduced for crimes committed in an organized group. The analysis shows that these aggravated forms are sometimes inconsistent with the provisions of general part.
COBISS.SI-ID: 11145297
In penal systems based on the dualism of perpetration and participation, the punishability of participation generally depends on the crime perpetrated (or at least attempted) by the prime perpetrator (the accessorial nature of participation). The article deals with various aspects of accessoriness (the quantitative and qualitative accessoriness) and the currently topical question in Slovenian criminal law of whether the prime perpetrator's intent should be regarded as a condition for punishability of the participators. The author supports such a limitation on the punishability of participation and critically analyses the regulation of this area in the Slovenian Criminal Code where the subject matter is not handled consistently (an intentionally committed act by the prime perpetrator is a condition for the punishability of aiding and abetting, but not for punishability of instigation). In the conclusion, the author discusses weather the deviation from the principle of the accessoriness of participation which is represented by the punishability of attempted instigation, is justified.
COBISS.SI-ID: 10909521