Principal (criminal law): Difference between revisions
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Under [[criminal law]], a '''principal''' is any actor who is primarily responsible for a criminal offense.<ref>See, e.g., Superior Growers, 982 F.2d at 177-78; United States v. Campa, 679 F.2d 1006, 1013 (lst Cir. 1982).</ref> Such an actor is distinguished from others who may also be subject to criminal liability as [[accomplice]]s, [[Accessory (legal term)|accessories]] or [[Conspiracy (crime)|conspirator]]s. In both [[Strafgesetzbuch|German]]<ref>[[Strafgesetzbuch]] (StGB) § 25/1 Täterschaft</ref> and [[Turkish Penal Code|Turkish penal codes]], "principal" is one of the three types of perpetration prescribed by law.<ref>{{Cite web |last=Öztürk |first=Mustafa Kağan |date= |title=Türk Ceza Kanunu’nda Bir İştirak Şekli Olarak Faillik (TCK m. 37) |url=https://dergipark.org.tr/en/download/article-file/2837582 |publisher=Süleyman Demirel Law Review |page=260 |doi=10.52273/sduhfd..1220467}}</ref> |
Under [[criminal law]], a '''principal''' is any actor who is primarily responsible for a criminal offense.<ref>See, e.g., Superior Growers, 982 F.2d at 177-78; United States v. Campa, 679 F.2d 1006, 1013 (lst Cir. 1982).</ref> Such an actor is distinguished from others who may also be subject to criminal liability as [[accomplice]]s, [[Accessory (legal term)|accessories]] or [[Conspiracy (crime)|conspirator]]s. In both [[Strafgesetzbuch|German]]<ref>[[Strafgesetzbuch]] (StGB) § 25/1 Täterschaft</ref> and [[Turkish Penal Code|Turkish penal codes]], "principal" is one of the three types of perpetration prescribed by law.<ref>{{Cite web |last=Öztürk |first=Mustafa Kağan |date= |title=Türk Ceza Kanunu’nda Bir İştirak Şekli Olarak Faillik (TCK m. 37) |url=https://dergipark.org.tr/en/download/article-file/2837582 |publisher=Süleyman Demirel Law Review |page=260 |doi=10.52273/sduhfd..1220467}}</ref> |
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Some jurisdictions refer to a principal as defined above as a '''principal in the first degree'''. Such jurisdictions use the term '''principal in the second degree''' to mean someone who is present at the scene of the crime and who aids, abets, or encourages the commission of the crime with the required [[intention (criminal law)|criminal intent]].<ref>[https://www.law.cornell.edu/wex/principal_in_the_second_degreej Principal in the second degree], from [[Legal Information Institute]]</ref> |
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== See also == |
== See also == |
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Latest revision as of 14:23, 10 September 2024
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Under criminal law, a principal is any actor who is primarily responsible for a criminal offense.[1] Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or conspirators. In both German[2] and Turkish penal codes, "principal" is one of the three types of perpetration prescribed by law.[3]
Some jurisdictions refer to a principal as defined above as a principal in the first degree. Such jurisdictions use the term principal in the second degree to mean someone who is present at the scene of the crime and who aids, abets, or encourages the commission of the crime with the required criminal intent.[4]
See also
[edit]Notes and references
[edit]- ^ See, e.g., Superior Growers, 982 F.2d at 177-78; United States v. Campa, 679 F.2d 1006, 1013 (lst Cir. 1982).
- ^ Strafgesetzbuch (StGB) § 25/1 Täterschaft
- ^ Öztürk, Mustafa Kağan. "Türk Ceza Kanunu'nda Bir İştirak Şekli Olarak Faillik (TCK m. 37)". Süleyman Demirel Law Review. p. 260. doi:10.52273/sduhfd..1220467.
- ^ Principal in the second degree, from Legal Information Institute
External links
[edit]- . New International Encyclopedia. 1905.
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