INDIAN PENAL CODE

St open, 2020

Aim: Analysis of the case law related to the prosecution of the criminal offense of robbery. Robbery is a complex criminal offense committed when a perpetrator uses force against another person, as well as when they threaten to directly endanger one's life or cause physical injury, or when they seize another's movable property with the aim of misappropriating it. Methods: In selected cases, the application of main theories regarding complicity was examined and critically tested, taking into account the findings of the fact. Results: The analysis of the current case law points to the absence of clear criteria for the delimitation of complicity from aiding and abetting in the criminal offense of robbery. Criminal law theory leaves too much empty space subject to manipulation when, by mentioning substantial contribution, it refers to behaviors without which an offense could not have been committed in the planned manner. The will of the perpetrator should constitute a secondary ...

Journal of Law and Politics, 2024

The chief focus of this essay is on the discussion of the main aspects of the law relating to criminal conspiracy in New Zealand and other common law jurisdictions. The analysis of the substantive law relating to conspiracy includes consideration of the subjective and objective requirements for conspiracy liability as expressed in the relevant legislation and judicial decisions.

Israel Law Review, 1996

The notion of “wrongdoing” is not recognized by the Draft Code. Nor does it classify the criminal law defences as either justification or excuse. Rather, the Draft Code distinguishes between “an offence” and “an act”. The term “offence” is used to cover cases where theactus reusis committed with the mental state required by the definition of the offence, by an offender who is criminally liable. An offender who has a defence, even a personal one, such as insanity, mistake, or duress, commits “an act”. The term “act” is used to indicate that defences negate the criminal nature of the act.I have elsewhere elaborated on the question whether or not a criminal code which aims to reform the criminal law should distinguish between justification and excuse. There I have both discussed and evaluated,inter alia, the proposals of the Draft Code in this context. Therefore, I shall not elaborate on this subject any further. I shall rather focus on the law of complicity and shall discuss three mai...