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Aconstitutive element of the crime representing a condition required by law for its accomplishment the fulfillment of this condition towards the author produces effects towards all the other participants for example the act of a manager of appropriating assets from the management constitutes the crime of embezzlement this legal framework will be reflected on all the participants who acted as accomplices to embezzlement. There are situations in which a circumstance by its personal nature can take on an objective aspect and become a real circumstance affecting the participants only to the extent that they knew it or foresaw it.
Thus premeditation being a mental manifestation represents a Country Email List personal circumstance but it turns into a real circumstance and falls on the participants if the latter contributed to the preparatory acts in order to commit the crime with other people who knew the purpose of the preparation. . the deed and produce effects on the author and the participants only to the extent that they knew or foresaw them. It constitutes circumstances regarding the deed for example those regarding the means of committing the crime the place and time of its commission the situation or condition of the person against whom the deed is committed and others.
Thus if the participant did not know a real circumstance it is not applicable to him. For example the commission of theft by several perpetrators one of whom without having a prior agreement with the others acts violently towards the person who tries to detain him while the other participants were moving away from the scene of the crime in this case the deed constitutes the crime of robbery only for the one who used violence to ensure his escape not for the others if they did not know or foresee the behavior of one of them. These participants will be liable only for the crime of theft. Therefore.
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發表於 2023-12-27 17:37:16