Review article
Attempt of Misdemeanour in Labour Act and Indirect Perpetration
Ivan Vukušić
; Faculty of Law, University of Split, Split, Croatia
Abstract
In this paper, the author analyses the application of the provisions of the Labour Act regarding the two offenses for which the attempt is punishable, and the analogous application of the provisions concerning attempt, indirect perpetration and complicity according to the Misdemeanour Act of 2007. The Labour Act prescribes the responsibility of the employer as a natural and legal person, and any responsible persons, which suggests that these offences are delictum proprium. It is, therefore, necessary to analyse the legal position of the employer or the person responsible and the legal status of workers. The paper considers the provisions on participation, an institute regulated differently in some aspects in the 2007 Misdemeanour Act and in the 2011 Criminal Code.
The author concludes that control over the act of indirect perpetrator is present up to the completion of the criminal offense. Consequently, the attempt of the indirect perpetrator begins in the moment at which he establishes control over the act of the direct perpetrator. If the indirect perpetrator failed to exert control over the act, i.e. the direct perpetrator, he is liable for failed incitement.
Keywords
misdemeanour; attempt; indirect perpetration; incitement; Labour Act
Hrčak ID:
132630
URI
Publication date:
16.12.2014.
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