Complicity in a criminal offense with a special entity

Abstract

This article examines the main issues of complicity in criminal offenses committed with the participation of both general and special subjects. The purpose of the study is to determine the legal status of each accomplice to a crime and to analyze the mechanisms which affect the qualification of a crime depending on the role of the participants. The author also examines the difficulties arising from the distribution of responsibility between special and general subjects, which is important for a correct legal assessment and determination of the limits of responsibility of each accomplice. Particular attention is focused on those cases where a crime is committed with the participation of persons who have special characteristics that limit the range of persons who can be held criminally liable. Crimes involving a special actor significantly complicate the process of legal qualification, because in such cases it is important to determine exactly who is the perpetrator and who is an accomplice. A special actor may commit an offense through abuse of power, while a general actor does not necessarily have specific characteristics for committing such an offense, but may be recognized as an accomplice.

The article examines the importance of a differentiated approach to the qualification of crimes committed with the participation of both special and general actors, as well as the need to take into account the specifics of each participant for a correct legal assessment and to ensure fairness in bringing to criminal liability.