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13.
Storilstvo in udeležba v slovenskem kazenskem pravu
Ambrož, Matjaž, 1977-
The article offers an analysis of concepts of perpetration and participation in Slovenian legal system. It is built upon two recent cases from Slovenian judicial practice, which the author has used ...as a starting point for a discussion on statutory solutions, scholarly opinions and judicial decisions. Main focus is put on the problem of distinction between co-perpetrators and mere aiders and abettors in some borderline cases. The author proposes criteria to make the statutory formula of ʺdecisive contributionʺ (as a prerequisite for so-perpetration) more concrete. He argues for a restrictive concept of co-perpetration, which does not allow co-perpetration to be based on contributions given in the preparatory phase of the criminal offence. In the conclusion he points out briefly certain other dilemmas of perpetration and participation in Slovenian legal system, which will have to be resolved in the future.
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