Law 2101 Study Guide - Quiz Guide: Actus Reus
Document Summary
The dutch system, just like the german penal system, distinguishes 5 different forms of participation in crime, depending on the degree and mode of involvement. (cid:498)participation in a criminal offence(cid:499) - 47-49. This means that there is only one type on complicity, aiding. Aiding, 48, formulates two modalities: aiding or assisting during the commission of the offence, providing the opportunity, means or information necessary to commit the offence. Direct perpetration: from a restrictive to a functional approach: Possible solutions for allocating liability to the mastermind: prosecution by incitement or perpetration by means, another alternative is to hold the perpetrator behind the scenes liable, by enlarging the definition and scope of perpetration itself. Supreme court established the conditions which the functionally responsible person behind the scenes should be held criminally liable: ijzerdraad case 1954. (iron wire) 47 only states that those who commits the offence jointly shall be punished as perpetrators.
