Law 5110 Study Guide - Quiz Guide: Actus Reus, Life Insurance, Mens Rea
Document Summary
Direct perpetration ( 25 (1)) - commits offense himself (full punishment); Perpetration by means ( 25 (1)) - through another (full punishment); Co-perpetration ( 25 (2)) - commit offense jointly (full punishment); Instigation ( 26) - incites another to commit offense (full punishment); Aiding ( 27) - assists another in commission (mitigated punishment). Hegemony over the act doctrine - test to distinguish between perpetrators and accomplices. Decisive criterion: hegemony and control over execution of criminal act (considerably influenced shape and manner of commission - thus central figure). Objective contribution to actus reus - does not have to be physically present; Interest of person to achieve criminal goal; Restrictive concept - only direct if brought about actus reus by his own hand. The used person, the "instrument" is not liable. The instrument must be subordinate to the perpetrator, controlled: By superior knowledge (other person acts due to mistake - milder treatment! By use of infant or insane person;
