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.
COBISS.SI-ID: 10909521
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