Czy nieletni może odpowiadać karnie za niewykonawcze postaci współdziałania przestępnego oraz formy stadialne poprzedzające dokonanie?
May the juvenile be criminally responsible for non-executive forms of complicity and stadial – forms of offence prior to committing?
Author(s): Marek KulikSubject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: criminal responsibility of minors; criminal responsibility; the Penal Code; to commit an offence in co-operation; juvenile
Summary/Abstract: The article concerns the problem of special criminal responsibility of minors committing offenses in various forms of criminal complicity and in the form of criminal attempt and criminal preparation. In modern Polish doctrine increasingly presented is the position according to which the juvenile is responsible only for acts committed as an agency, not incitement and abetting. This is justified by the description of the offenses provided for in Article 10 § 2 of Penal Code. The author presents a different view, believing that minors can be held criminally responsible for the offenses indicated in the Article 10 § 2 P.C., regardless of whether they were committed in the form of perpetration, incitement or aiding. Also he justifies the position, according to which there is otherwise in the case of attempt and preparation to commit an offense.
Journal: Studia Prawnicze
- Issue Year: 208/2016
- Issue No: 4
- Page Range: 129-146
- Page Count: 18
- Language: Polish