The participation of the extraneus in the offence of breach of special duties

Abstract

The two main theoretical institutions developed by the ontological legal-criminal dogmatics of the domain of the act on the participation of extraneus in crimes of breach of special positive duties are the theory of the rupture of the imputation title (according to which intraneus and extraneus respond for different crimes) and the theory of the unity of the imputation title (according to which intraneus and extraneus respond for the same crime). In this article, only the former is critically analysed. This critical analysis covers both the postulates of the aforementioned theory regarding the basis of the criminal wrongfulness of the extraneus as well as the dogmatic and criminal-political consequences that derive from these postulates.