Mental Coercion on the Perpetrator as a Form of Complicity in Bulgarian Criminal Law

Authors:

Pages: 41-49
DOI: https://doi.org/10.54664/WMAQ5286

Abstract:

The article deals with the issue of complicity in the commission of a crime between a person who exercises mental coercion on another in order to motivate him/her to commit a crime, and the person in respect of whom coercion has been exercised. It provides an answer to the questions of whether it is possible for the coercive person and the coerced person to appear as co-perpetrators of a crime, in what hypotheses and how the behaviour of the coercive person should be qualified. Hypotheses have been discussed in which the coercer instigates and helps another person in commiting the crime for which he/she has been coerced. The paper also provides a proposal for qualification of the coercive person’s criminal activity and considers the institute of complicity through mental coercion. A distinction has been made between cases of complicity between the coercer and the coercee on the one hand, and those in which there is mediocre perpetration on the part of the coercer on the other hand. The article would be useful to legal practitioners in qualifying some specific hypotheses of complicity in a crime when one of the persons involved in the crime is subject to coercion.

Keywords:

coercion, mental coercion, complicity, co-perpetration, aiding, abetting.

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