Fahrlassige Mittaterschaft

Promising an easy solution to problems of individual criminal responsibility, the concept of negligent complicity has gained many supporters in a short period of time. Jacob Böhringer illustrates that problems suited to solving with the help of this concept are seldom questions of causality in the narrow sense, as is often thought, but rather challenges of normative attribution. Following a detailed analysis of the German participation model, the author concludes that negligent complicity is not a lawful approach and states that he does not consider degree of participation to be the right tool for constituting criminal responsibility. Furthermore, the author explains that there is no practical need for this controversial legal concept.