在办公室怀孕和欺诈案件中对助理(医务人员)的刑事犯罪(雅加达中央州法院第1194/ pid号判决案例研究)。B / 2018 / PN JKT.SEL)

Joelyan Joelyan
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引用次数: 0

摘要

目前,犯罪行为所涉及的法律主体不仅仅是一个人,现在已经是共同或多人实施的犯罪行为,有犯罪人,也有作为命令犯罪人的人,无论是命令犯罪人、参与犯罪人、劝说犯罪人甚至实施犯罪人本身,也有协助犯罪行为的人。使用的研究方法是规范法学,即通过检查图书馆资料或二手数据进行的图书馆法研究。研究的结果包括参与发展的形式或形式是参与《刑法》第55条和第56条所载的医疗和援助(医疗和援助)。根据《刑法典》第55条刑事规定的措词,它是这样的:(1)作为犯罪的肇事者受到处罚,即:行为人、命令行为人或者参与行为人的;2. 以赠与、许诺、滥用权力、名誉、武力、威胁、制造误会、提供机会、手段、信息等方式,故意诱使他人实施犯罪行为的。担心。(2)对于最后提到的那些人,可以解释的只是他们故意促使别人去做的行为,以及后果。而《刑法》第五十六条的刑事规定按照该提法是:(一)明知是协助犯罪的。(二)故意提供犯罪机会、手段或者信息的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CRIMINAL AGAINST ASSISTANT (MEDEPLICHTIGE) IN CASES OF EMBRACTION IN OFFICE AND FRAUD (CASE STUDY OF DECISION OF CENTRAL JAKARTA STATE COURT NUMBER 1194/PID.B/2018/PN JKT.SEL)
At present the legal subjects involved in criminal acts are not only one person but now this has been carried out jointly or by more than one person, there are those who commit crimes and there are those who act as orders to commit crimes, whether those who order them to commit crimes , participating in committing, persuading to commit or even committing the act itself and there are also those who assist in criminal acts. The research method used is normative juridical, namely library law research which is carried out by examining library materials or secondary data. The results of the research include that the form or form of participation in deelneming is participating in medeplegen and assistance (medeplichtigheid) contained in Articles 55 and Article 56 of the Criminal Code (KUHP). According to the formulation of the criminal provisions in Article 55 of the Criminal Code, it reads: (1) Punished as the perpetrators of a crime, namely: 1. Those who commit, order to commit or who participate in committing; 2. Those who, by giving gifts, promises, by abusing power or reputation, by force, by threat or by causing misunderstandings or by providing opportunities, means or information, have deliberately moved other people to commit criminal acts. concerned. (2) Regarding those mentioned last, what can be accounted for is only the actions that they have deliberately moved others to do, along with the consequences. While the criminal provisions in Article 56 of the Criminal Code according to the formulation reads: (1). Those who have knowingly provided assistance in committing the crime. (2). Those who intentionally provide opportunities, means or information to commit the crime.
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