Introduction to Law Deneme Sınavı Sorusu #725933
Which one of followings concerning forms of participation is false?
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As the main perpetrator of the offense, principal is usually the person who commits the actus reus. |
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Joint principal is an agreement between two or more persons to behave in a shared manner that will automatically constitute an offense commited by at least one of them. |
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Indirect principal refers to committing the offense through another person who conducts the criminal act. |
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With regard to indirect principal the agent is not fulfilling either the actus reus or mens rea of the offense. |
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P asks A, a 10-year-old child, to steal a packet of cigarettes. If she thinks that she is committing an offense, A is held criminally liable as she is under 14. |
Jurisprudence and commentators haveacknowledged the following categories with regardto indirect principal:
The agent lacks criminal capacity. Example: P asks A, a 10-year-old child, to steal a packet of cigarettes. Even if she thinks thatshe is committing an offense, A is not held criminally liable as she is under 14.
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