The Sanctioning Treatment of Criminal Participation by Inactivity

AuthorLucian Gaiu
PositionMaster Student, Danubius University of Galati, Faculty of Law, Romania
European Integration -
Realities a
The objective of the pres e
of criminal participation by inactivity
some references to doctrine and juri
regarding the institution of the me
contribution of the research is a critic
of the doctrine an
d cases of the actua
and supplementing the law, in line w
paper may be useful to both theorist
improve their knowledge in this field
crime; negligence; lack o
1. Introduction
In the specialized doctrine it shows
words, the criminal acts are most of
However, experience shows that the
the combined efforts of seve
the participants hope to commit
operations, in this way it could easil
the legal consequences of the act. (D
The participation by inactivity
is the
common offense provided by the c
acting with the same form of guilt,
perpetrator acting out of guilt or even
The Romanian legislator accepted as
(of distance perpetrator or the perpet
instigator or accomplice that has ac
actually committed the actio
n or inac
offender under the criminal law is a
not criminally liable and the one wh
accomplice, because it did not direct
Master Student, Danubius University of Ga
Tel.: +40372 361 102, f
ax: +40372 361 290
es and Perspectives
he Sanctioning Treatment of
inal Participation by Inactivity
Lucian Gaiu
esent research consist
of analyzing the depositions governing the
vity in terms of the regulations contained in the current Criminal C
jurisprudence. The research also refers to some aspects
of compa
mediated perpetrator adopted by some European countries. The
itical examination of the current legal provisions, presenting differ
tual legal practice. Also, there are highlighted some proposals for
e with the general tendency of development of t he criminal law sci
rists and prac titione
rs in the field, presenting interest for those th
k of guilt; mediated perpetrator
ws that most of the crimes are committed
by one pe
t often the result of the action or inaction of a single
there can be situations where a human activity may b
eople, thus taking place in the case of complex crimin
it the offense easier, dividing rigorously the diffe
sily remove any obstacles or it could find the best
(Dungan, 2002, p. 67)
the form of criminal participation to which the people
e criminal law, not all of them have the same me
ilt, the instigator and accomplice always acting with
ven without guilt.
as contrary conception to that of the mediated o
r indir
petrator of far
-reaching hand - longa manus
), accordin
acted intentionally is considered committer of the off
naction (the direct perpetrator) would be a simple tool.
is and remains as the perpetrator, even if subjectively
who intentionally caused or helped is and
remains th
ectly commit the criminal action (inaction) (Basarab,
Faculty of Law, Romania,
Address: 3 Galati Blvd, 800654
. Corresponding author:
he institution
l Code, with
parative law
he essential
fferent views
or amending
science. The
that wis h to
person. In other
le active subject.
y be the result of
minal acts. Thus,
ifferent tasks or
olutions to avoid
le who commit a
ntal attitude, not
th intent, and the
direct perpetrator
ding to which the
offense and who
ol. Therefore the
ely speaking it is
the instigator or
b, 1997, pp. 458
54 Galati, Romania

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