Athe quality requirements of the law and of art. para. regarding equal rights because in the case of some personal circumstances the question arises whether they can be converted into real circumstances such as the special quality indicated in art. of the Criminal Code public official manager or administrator in the case of the crime of embezzlement the capacity of the mother of the newborn child in a state of mental disorder determined by the fact of birth who performed preparatory acts together with other persons art. . para. of the Criminal Code.
Therefore in the absence of express and exhaustive enumerations of the circumstances Country Email List that fall into each of the two categories the texts in question suffer from serious drafting deficiencies being unclear imprecise and unpredictable with the consequence of leaving it to the exclusive discretion of the judge if certain circumstances will be categorized as real or personal. Or such a qualification can make the difference between the criminal liability or not of the participants applied. Also the revealed problems can lead to a nonunitary practice affecting the principle of legal security written in the provisions of art. paragraph from the Constitution.
Thus it was argued that for example in the case of the commission by two perpetrators and two accomplices of a crime for which the criminal law requires the existence of the quality of civil servant a quality held by only one of the coperpetrators if the idea of conversion were admitted the personal circumstance of individualization in real circumstances the court would end up pronouncing the following solution the coauthor who holds the capacity of a public servant should be criminally liable the coauthor who does not hold the capacity of a public servant should not be criminally liable since in the case of coauthorship it is necessary to.
發表於 2023-12-27 17:31:22
