Complicity in comparative criminal law

Abstract

he research on the aspect of criminal complicity in law examines one of the most complex institutions of criminal law — criminal participation — with a particular focus on the figure of complicity, analyzed from a comparative perspective across different legal systems. The purpose of the study is to identify the conceptual, terminological, and normative convergences and divergences among the criminal legislations of the Republic of Moldova, Romania, Germany, Spain, the Netherlands, the Russian Federation, and the United States of America. The main objective is to determine how each system defines, distinguishes, and sanctions the contribution of persons who, without being direct perpetrators, facilitate the commission of an offense. The research methodology is based on comparative, historical, and analytical methods. The comparative method highlights the similarities and differences in the definition of complicity, while the historical method allows tracing the evolution of regulations and the reciprocal doctrinal influences. The analysis also refers to national and international jurisprudence, including relevant decisions of the Supreme Court of Justice of the Republic of Moldova and references from the Model Penal Code (USA, 1962), which provides a modern perspective on knowledge-based liability. The findings reveal that, although the fundamental principles governing complicity — such as the principles of accessory and intent — are present in most of the analyzed legislations, their practical application differs considerably. In some systems, such as the Spanish or German ones, complicity is detailed through specific legal provisions, whereas in others, like the American system, the approach is more flexible and fact-oriented. The study concludes that harmonizing the concepts and clarifying the boundaries between forms of criminal participation contribute to a fairer application of the law and to more effective protection of the fundamental values of the rule of law.