Coautoratul în dreptul penal internaţional (i): teoria "Joint Criminal Enterprise" în jurisprudenţa instanţelor penale internaţionale

dr. NICOLAE-CĂTĂLIN MAGDALENA*

^* e-mail: catamagdalena@yahoo.com

Lector univ. - Facultatea de Drept, Universitatea "Nicolae Titulescu" din Bucureşti

ABSTRACT

Essentially, the concept of co-perpetration in international criminal law concerns the attribution of individual criminal responsibility in situations where international crimes are committed by several persons, based on a common plan and through coordinated contributions.

International jurisprudence has developed two major models for interpreting and applying this form of participation: the "Joint Criminal Enterprise" (JCE) doctrine, developed by the International Criminal Tribunal for the former Yugoslavia, and the "Joint Control over the Crime" theory, established by the International Criminal Court on the basis of the German concept of control over the act (Tatherrschaft).

This article represents the...