CAUSALITY OF AIDER’S CONTRIBUTION IN RELATION TO A PERPETRATOR’S ACT Cover Image

KAUZALNOST RADNJE POMAGAČA U ODNOSU NA DELO IZVRŠIOCA
CAUSALITY OF AIDER’S CONTRIBUTION IN RELATION TO A PERPETRATOR’S ACT

Author(s): Igor Vuković
Subject(s): Criminal Law, Criminology
Published by: Правни факултет Универзитета у Београду
Keywords: aiding; condicio sine qua non; attempted aiding; mental assistance;

Summary/Abstract: There are a number of different views about possible causality of aider’s contribution in relation to an act of the perpetrator. Majority understanding assumes that aider’s contribution must represent a condicio sine qua non of the consequence of the offense. However, this view is generally not accepted by the jurisprudence, considering that it is sufficient that the act of the aider improves the action of the perpetrator. In addition to these basic notions, in literature are also presented opinions that aiding embodies a deed of abstract endangerment and that the aider’s contribution increases risk to the protected good. The author concludes that in many issues the difference between these ideas is only apparent, and that this theoretical debate only conceals the central feature of this form of participation – that assistance must constitute certain facilitation of the offense.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 46-60
  • Page Count: 15
  • Language: Serbian