Aknew or foresaw them. . With regard to all these circumstances the doctrine has signaled the fact that some problems continue to arise in terms of participation in the case of personal circumstances being debatable whether they can be converted into real circumstances such as the special quality indicated in art. of the Criminal Code civil servant manager or administrator in case of embezzlement the status of a family member the status of mother of a 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 Country Email List circumstances 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 the possible punishment applied. Also the revealed problems can lead to a nonunitary practice affecting the principle of legal security inscribed in the provision of art. paragraph from the Constitution.
On the other hand if one were to accept the thesis that some personal circumstances can be converted into real circumstances with the consequence of their effects on all the participants and the author one could arrive at a nonunitary judicial practice in the matter which could lead to the creation of discriminatory situations in violation of art. para. of 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.
發表於 2023-12-27 17:16:40
