The Problem of the Excess an Executor in Theory of Criminal Law and Practice
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Abstract
The problems analysed in the article are connected to the excess an executor in theory of Criminal law and practice.
Everyone knows that several persons may commit a crime.
This fact creates many problems of legal appraised of a crime and imposing punishment for each participant of a crime. So criminal law from the old times knows the institution of the excess an executor. Excess an executor is the most complicated problem in our Criminal Law and the most debatable question in literature.
Legal appraisal of an action of each accomplice depends on the action of executor. All the accomplices are responsible for crime committed by executor. That means that organizer, instigator and assistant are responsible under the Law. This is general rule. But sometimes an executor commits something what oversteps the limit of common agreement. This situation is called “the excess of an executor”. The limits of agreement were broken down, so the only executor is responsible for the crime.
The author supposes that if the accomplice does something what oversteps the common design, this action doesn’t relate other accomplices. The main goal of this article is a new conception in accordance which all accomplices may be oversteps the common design. The author suggested the excess an executor to denominate the excess of accomplices.
Apart form the theoretical aspects of this issue, the article draws attention to the problems arising in courts practice.
The article ends with conclusion and as well a list of references.
Everyone knows that several persons may commit a crime.
This fact creates many problems of legal appraised of a crime and imposing punishment for each participant of a crime. So criminal law from the old times knows the institution of the excess an executor. Excess an executor is the most complicated problem in our Criminal Law and the most debatable question in literature.
Legal appraisal of an action of each accomplice depends on the action of executor. All the accomplices are responsible for crime committed by executor. That means that organizer, instigator and assistant are responsible under the Law. This is general rule. But sometimes an executor commits something what oversteps the limit of common agreement. This situation is called “the excess of an executor”. The limits of agreement were broken down, so the only executor is responsible for the crime.
The author supposes that if the accomplice does something what oversteps the common design, this action doesn’t relate other accomplices. The main goal of this article is a new conception in accordance which all accomplices may be oversteps the common design. The author suggested the excess an executor to denominate the excess of accomplices.
Apart form the theoretical aspects of this issue, the article draws attention to the problems arising in courts practice.
The article ends with conclusion and as well a list of references.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
