Year: 2025
Type: article
Abstract: The aim of this article is to offer a thorough analysis of the concept and types of indirect commission of a criminal offense and to identify its typical features. The practice of qualifying indirect commission of a criminal offense through the use of persons who are not subjects of a criminal offense is examined. Typical methods of indirect commission of a criminal offense using the capabilities of a legal entity are characterized. The process of committing a criminal offense through the use of individuals who possess the characteristics of a general subject of a criminal offense but act without guilt or under the influence of irresistible physical or psychological coercion is analyzed. The classification of indirect commission of a criminal offense through the use of animals, properties of plants, physical phenomena, production processes, mechanisms, and natural phenomena is also described. Typical objective and subjective characteristics of the indirect commission of a criminal offense are identified.It has been established that indirect commission of a criminal offense refers to cases where a criminal uses the efforts of other persons who, for various reasons, are not liable for the offense committed to carry out the objective side of the act. Such cases complicate the investigation of a criminal offense and require establishing a causal link between the actions of the indirect perpetrator and the consequences that ensued. Accordingly, it is necessary to establish the appropriate legal grounds for bringing the guilty person to criminal responsibility, rather than those persons who actually committed the act. After all, it is the will of the criminal that causes the act to be committed and the consequences that are desirable for him to occur. Indirect commission of a criminal offense occurs when the guilty party does not carry out the objective elements of the offense either fully or partially. If the individual carries out even a portion of the objective elements, they are considered a perpetrator (or co-perpetrator) of the act, rather than an indirect perpetrator.
Author: Віктор Захарчук
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7083698265