Models of Criminal Liability of a Plurality of Perpetrators under Polish and German Criminal Law: Comparative Approach

Authors : Aleksandra Miśkiewicz, Alexander Vadokas

Pages : 271-305

Doi:10.26650/annales.2024.74.0012

View : 20 | Download : 15

Publication Date : 2024-05-30

Article Type : Research Paper

Abstract :Polish-German history goes back centuries. The long-lasting relationship of the two countries also becomes apparent looking at their regimes of criminal liability as a perpetrator. The article presents these models focusing on the phenomenon of cooperation of criminals of more than one perpetrator. The purpose of this study is to consider coperpetration as a form of committing a prohibited act. The article seeks to capture the entirety of criminal lawlessness of committing prohibited acts in the form of co-perpetration and perpetration by means, through the analysis of the currently functioning regulations of the Polish and German Criminal Codes and their comparative approach, as well as determining the scope of legal liability in this regard. An analysis of the possibility of liability for committing a prohibited act in the form of co-perpetration in the light of philosophical and psychological concepts of criminal law was also carried out. The article also presents a historical analysis of Polish and German regulations in the field of criminal liability. The article presents a historical analysis of Polish and German regulations in the field of criminal liability for committing a crime in the form of complicity, based mainly on the post-partition and post-war history of Poland. Due to their common heritage to the Prussian Landrecht and criminal code as well as Feuerbach’s Bavarian Criminal Code, it is proved that the models of criminal liability of a plurality of perpetrators under Polish and German criminal law share many similarities.
Keywords : Criminal law, Perpetration, Criminal cooperation, Liability of co perpetrators, Polish criminal law, German criminal law