Punishability of the Act and Punishability of the Perpetrator

Abstract

This article traces the relationship between the punishability of the act and the criminal responsibility of the perpetrator. An attempt has been made to distinguish the circumstances excluding the punishability of the act and those exempting the perpetrator from responsibility. Because it matters whether the perpetrator is not punished since the act itself is not punishable, or whether he/she is not punished because of a circumstance that appeared later, and that exempts him/her from responsibility. In the first case, it is an unpunishable act that is not capable of giving rise to criminal liability. Only a punishable act may be a ground for seeking criminal liability from the perpetrator.