Is Participation In Specific Crimes Possible?
-The existence of a willful and unlawful act is sufficient for participation in a crime. Each person who participates in the commission of the crime shall be punished according to his/her own culpable act, without taking into account the personal reasons that prevent the punishment of the other (Article 40/1 of the TPC).
-Specific crimes are crimes that can only be committed by persons with certain attributes. For example, the crime of embezzlement can only be committed by civil servants. In specific crimes, ONLY the person who has the qualification of special perpetrator can be the perpetrator. Other persons who participate in the commission of these crimes are held responsible as an aider or abettor (Article 40/2 of the TPC).
-In order to be held liable for participation in a crime, the relevant act must have reached at least the stage of ATTEMPTING THE CRIME (Article 40/3 of the TPC).
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