Abstract:

Aim of this research paper is to show an issue of differentiation of joint principal and accomplice that is provided in Georgian and foreign legal doctrine. Thus, within the given topic, theories related to a research were clearly analysed, their main aspects were outlined and their compliance with a criminal laws of Georgia was assessed from a legislative point of view.

Considering the vital character of the research question, comparative legal method was used for the purpose of conducting of a perfect research. Through this method, Georgian and foreign legislation and a relevant scholarly literature regarding a discussed topic was analysed within the research. Moreover, method of formal logical analysis was used during working on a paper, within which the relevant and problematic issue of the research question was assessed methodically and
essentially. Conducted research has clearly defined the status of principal and of accomplice, as well as legislative limits of their actions. Their common and distinctive characteristics have been analysed. Based on this, paper suggests proper and efficient ways for resolving the mentioned issue, which, in turn, is fully compatible with a constitutional concept of regulations considered by a current legislation.

Proper solution of the core problems noted within this research paper is of great practical and theoretical importance for the purposes of legal doctrine, as well as for the process of application of the law, as it is directly connected with the assessment of the behavior of two active and different figures of a crime – joint principal and accomplice. This, in turn, is essential for giving a correct assessment of a crime as well as for imposing fair punishment to the people who had committed
the crime. Problematic aspect of the issue was assessed properly within this research paper and alternative, legal mechanisms of solving them have been proposed.

Keywords:

Offence, Principal, Accomplice

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