The Limits of the Unpunished “Self-aiding and Abetting”

Abstract

In my paper I examine the phenomenon of “self-aiding and abetting”. “Self-aiding and abetting” encompasses all conducts of the defendant within his “liberty of defence” that can cause the distraction of suspicion from himself or the shifting of suspicion on someone else. This conduct is an indictable offence in the Criminal Code under the item of false accusation and misleading of the authority. In the light of all this, the marking out of the limits of “self-aiding and abetting” is essential in order that the nemo tenetur principle could be guaranteed for the defendant in a criminal procedure.