Välillinen tekeminen erikoisrikoksissa – välittömän tekijän tietämättömyys lain sisällöstä
Avainsanat:rikosoikeus, osallisuus, välillinen tekeminen, kieltoerehdys, tahallisuus, erikoisrikos
Indirect commission in special offences – the ignorance of the agent regarding the content of the law
Crimes are often committed as joint actions of several people. One form of complicity is commission of an offence through an agent, enacted in Chapter 5 Section 4 of the Criminal Code. In this form of complicity, the so-called ‘indirect actor’ (the perpetrator) takes advantage of another person (an agent), who cannot be punished for committing a crime due to e.g. the lack of criminal responsibility or the lack of intent. This article analyses the legal construction of indirect commission from the perspective of special offences. In this crime type, the criminal liability is targeted to a person in a specific position. The analysis concentrates on a situation in which the indirect actor, or perpetrator, uses a person who is ignorant of the content of the law as an agent. The ignorance of the agent is assessed as both a question of intent and/or negligence and from the perspective of the mistake regarding the unlawfulness of the act provision (Chapter 4 Section 2 of the Criminal Code). The article shows that Chapter 5 Section 4 of the Criminal Code is not applicable in all situations in which the perpetrator uses an ignorant agent, who fits the wording of the law. For this, the article suggests that the provision concerning indirect commission should be specified.