Bình luận Án lệ số 17/2018/Al về người xúi giục trong đồng phạm

Complicity is a distinct legal construct wherein two or more individuals intentionally engage in the commission of a criminal offence. The determination of whether a case involves complicity and the classification of each participant’s role are critical to the adjudication of criminal liability. Precedent No. 17/2018/AL provides clarification on the conduct of instigators in cases of complicity. However, the legal reasoning and factual circumstances in the precedent, particularly concerning the instigator’s indirect intent and the attribution of criminal liability in cases of incomplete offences, give rise to issues that merit further scholarly examination. Through a doctrinal analysis, this paper identifies inconsistencies in the application of the law in the precedent and proposes recommendations for refining the interpretation and application of Precedent No. 17/2018/AL