Glossary / Advanced Criminal Law & Theory

Complicity

Complicity addresses when a person who does not personally fulfil all elements of an offence is nevertheless criminally responsible. Swiss criminal law distinguishes forms of participation such as co-perpetration, instigation, and aiding, each requiring a contribution and a mental link to the principal offence. The degree of control, intent, and causal or practical support affects classification and punishment. Comparative law uses different labels, including aiding and abetting or secondary liability, but the core issue is attribution of another’s criminal conduct.

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