Sostorilstvo v primežu teoretičnih modelov in praktičnih izzivov

slovenian

2013

volume 68, issue 5/6

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The institution of co-perpetration belongs to every day judicial decision making and can be considered as a matter of judicial routine. Nevertheless, it has always been raising theoretical dilemmas and disputes, whereas most of them were not artificially invented, but corresponded with real problems streaming for judicial reality. The article attempts to systematize the existing Slovenian legal doctrine of co-perpetration, whereas the author argues for the abolishment of traditional objective-subjective approach, which builds upon (inter alia) the finding, whether the actor acted with "the will to be a perpetrator". As an alternative the author discusses the idea of co-perpetration as a functional control over the act, which he accepts as a starting-point and at the same time points out its limitations. The author's utmost interest is not the pursuit of a certain meta-theory of co-perpetration, which can never be more than a vague set of principles. He is far more interested in certain specific dilemmas of the institution and tries to answer them through the dialogue with the judicial practice. Due to space limitations the article does not address the special issues of co-perpetration (such as omissions, attempt, delicta propria and negligent co-perpetration), which will be dealt in a separate contribution.

20.01.2017