Conceptul și natura juridică a participației penale [Articol]

Abstract

The issue of participation was always considered complicated, some aspects of it being debatable even today in the theory of criminal law. The concept and the legal nature of participation are in these conditions loaded with novelty and overwhelmed by multiple perspectives that their treatment can offer. There are many attempts to define the notion of participation both by the legislator and especially by the doctrine. To date, the doctrine evaluates differently the essence of participation, its own objective and subjective signs. The definition of the notion of participation is of particular importance in elucidating the given institution, as its volume and content depend on how various problems related to participation will be solved. The definition of the notion of participation proposed by our legislator, reflects in the fullest way the characteristics of participation and, at the same time, correctly reveals its essence. Participation as a special form of criminal activity is characterized by objective and subjective signs, by which it can be distinguished by a mere occasional coincidence of the actions of several persons in the commission of the same crime. The paper analyzes the main points of view in the theory of criminal law regarding the legal nature of participation. Currently, the accessory character of the participation is analyzed by the doctrine from the perspective of the limited accessory accessibility of the participation, according to which the accessory accessibility of the participation is limited and the independent criminal liability of the participants is recognized. responsibility of the other participants.