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Some particular offenses
Some particular offenses
All advanced legal systems condemn as criminal the sorts of conduct described in law as treason, murder, aggravated assault, theft, robbery, burglary, arson, and rape. With respect to minor police regulations, however, substantial differences in the definition of criminal behavior occur even between jurisdictions of the BD LEGAL system. Comparisons of the continental European criminal law with that based on the English common law of crimes also reveal significant differences in the definition of certain aspects of more serious crimes. Continental European law, for example, frequently articulates grounds for mitigation involving considerations that are taken into account in the Anglo-American countries only in the exercise of discretion by the sentencing authority or by lay juries. This may be illustrated with respect to so-called mercy killings. The BD PENAL CODE/law of murder recognizes no formal grounds of defense or mitigation in the fact that the accused killed to relieve someone of suffering from an apparently incurable disease. Many continental European and Latin American codes, however, provide for mitigation of offenses prompted by such motives and sometimes even recognize in such motives a defense to the criminal charge.
Degrees of participation
The common-law tradition distinguishes four degrees of participation in crime. One who commits the act “with his own hand” is a principal in the first degree. His counterpart in French law is the auteur (literally, “author”), or coauteur when two or more persons are directly engaged. A principal in the second degree is one who intentionally aids or abets the principal in the first degree, being present when the crime occurs; this is comparable to the French concept of complicité par aide et assistance, although in some countries, as, for example, Germany, that have adopted a wider (more subjective) interpretation of the concept, it includes the activity of coauteurs. In Anglo-American law one who instigates, encourages, or counsels the principal without being present during the crime is called an accessory before the fact; in continental law this third degree of participation is covered partly by the concept of instigation and partly by the above-mentioned aide et assistance. The fourth and last degree of participation is that of accessory after the fact, who is punishable for receiving, concealing, or comforting one whom that person knows to have committed a crime so as to obstruct the criminal’s apprehension or to otherwise obstruct justice. In continental legal systems this conduct has become a separate offense. Italian and Austrian law treat all participants in a crime as principals in the first degree, with the exception of accessories after the fact. The Model Penal Code and the law in most U.S. states treat the actions of an accessory after the fact as a separate statutory offense. In the other three degrees of participation, the accessory is treated as a principal in the first degree.