Theoretical Models of Individual Attribution

What is the function of the modes of responsibility? They aim to determine the rules under which criminal responsibility might be effectively imposed on two or more persons who contributed to the same crime. They need to extend the scope of responsibility to the one who materially contributed to the criminal act, supported and encouraged the crime. Such rules need to be sufficiently capacious to cover various forms of contribution to the crime and ensure that those culpable of the crime can be brought to justice. However, at the same time, the modes of responsibility need to be clear and nuanced in order to avoid the impression that different and incomparable forms of participation in crime will be lumped together. There are several routes to these general goals. This chapter discusses how different normative concepts (for example co-perpetration or aiding and abetting) may be used by the legislator to resolve exactly the same problems and how some very complicated scenarios might be approached by the adoption of various modes of criminal responsibility. This part of the book presents alternative theoretical approaches concerning forms of participation in crime, enhanced by the remarks based on the concept of interconnected norms.