Participaţia improprie. Analiza unor cazuri particulare

Improper participation. Analysis of particular cases

Dorel HERINEAN

Avocat - Baroul Bucureşti

ABSTRACT

The improper participation is an institution which was created in order to validate the theories that have been elaborated by the legal literature to stipulate for the cases where the classic forms of participation were insufficient.

This institution is a complex one and can lead to difficulties in its interpretation in concrete cases, the purpose of this article being to present, firstly, a few general considerations that sum up a part of the legal literature related to this matter, as well as to make a few observations in regard to the improper participation of the legal entities.

In the second part of this paper, we will analyse case law regarding improper participation of individuals and also contemplate on some hypothetical situations that could arise in practice.

Keywords: improper participation, crimes, intent, fault, lack of...