Principal (criminal law)

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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]

Contents

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

Notes and references

  1. See, e.g., Superior Growers, 982 F.2d at 177-78; United States v. Campa, 679 F.2d 1006, 1013 (lst Cir. 1982).
  2. Strafgesetzbuch (StGB) § 25/1 Täterschaft
  3. 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.
  4. Principal in the second degree, from Legal Information Institute


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