TCK Article 37-41: If more than one person participates in the crime, participation rules apply.
Types of Participation
- Joint perpetrator (Art.37): Those who commit the criminal act together
- Indirect perpetrator: Using someone else as a tool
- Instigator (Art. 38): Directing someone else to commit a crime
- Assisting (Art. 39): Helping to commit the crime
Punishments
- Co-perpetrator: full penalty
- Instigator: full penalty
- Helper: 1/2 discount
Down/Up Effective
- Personal circumstances (Art. 40): the personal situation of one perpetrator does not affect the other
- Common circumstances (Art. 41): Situations that are elements of the crime are applied to all perpetrators
Supreme Court of Appeals CGK
CGK has stated that the "quality of participation" should be determined objectively in the evaluation of participation, and that the distinction between co-perpetrator and co-perpetrator is critical. is adopted.
Criminal defense attorney is recommended.