Accomplice

Participation is the active or passive participation in an event (eg an event).

Criminal

In German criminal law are referred to as the participation of illegal immigrants incitement ( § 26 StGB) and the aid ( § 27 StGB). In contrast to the complicity, the participant makes punishable, because he participates in a foreign for him indeed. The worthlessness of participation is mainly based on the worthlessness of the predicate offense; In addition, is also represented in part, their underlies its own worthlessness. Participation in an intentional and unlawful act is ancillary to this. Only ie when there is a predicate, which is a criminal offense and unlawful, a criminal participation in it can be considered. The guilt of the perpetrator of the predicate offense is irrelevant for the offense. Participation is therefore also punishable in the absence or reduced debt by the principal offender. The ancillary nature of participation, however, in the context of § 28 StGB limited (so-called limited accessoriness ). Accordingly, namely lead strafbarkeitsbegründende personal characteristics that are missing from the subscriber to a mandatory mitigation in accordance with § 49 Section 1 of the Criminal Code; criminal sharpening, mitigating or strafausschließende personal characteristics apply only to those perpetrators or participants, in which they are present.

Because of the unique laws wording is participation only to intentional, not negligent offenses into consideration. In the area of ​​negligence offenses the offender unit concept applies.

During the instigator pursuant to § 26 of the Criminal Code generally punished as a perpetrator ( except possibly in the context of § 28, supra ), the assistant to the privilege of enjoying reduced sentence pursuant to § 27 Section 1 of the Criminal Code in accordance with § 49 Section 1 of the Criminal Code.

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