Posredno izvršilaštvo - sa osvrtom na rešenja u KZ Srbije i KZ Crne Gore
Indirect Perpetration - With Reference to the Solutions in the Criminal Code of Serbia and the Criminal Code of Montenegro

Summary/Abstract: The one who commits a criminal act indirectly, using another person as a simple „means”, a human tool (menschliches Werkzeug), and sometimes referred as an „instrument in the hands of another”, is called an indirect perpetrator (mittelbare Täterschaft). The immediate executor is a tool under the strong control over the will of the indirect perpetrator, a man from the background, who unwillingly executes the criminal act, in the interest of the indirect perpetrator. This is key factor indicating indirect perpetration. In addition to the application of limited accessory, and despite deficiencies in the conceptual definition in the Criminal Code of Serbia, there is still place for application of indirect perpetration. Following the amendments to the Criminal Code of Montenegro in 2010, there will be certainly more cases of indirect perpetration in practice, compared to the previously adopted practice, as the law adopts that institute (Art. 23 of the Criminal Code of Montenegro). In order that an indirect perpetrator does not avoid criminal responsibility, criminal-political reasons prevailed, hence the indirect perpetrator is responsible for the committed unlawful act, although the immediate executor- tool, would not be criminally responsible.

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