Mittäterschaft

Mittäterschaft, also known as co-perpetration or joint perpetration, refers to a legal concept within criminal law where two or more individuals act together to commit a crime. In many legal systems, Mittäterschaft is distinguished from accessory or aiding and abetting roles. The core principle is that each participant shares a common intention to carry out the offense, and their actions, taken together, constitute the completed crime.

To establish Mittäterschaft, several elements are typically required. Firstly, there must be a plurality of perpetrators. Secondly, these individuals must have a mutual understanding or agreement to commit the crime, even if this agreement is not explicitly formalized. Thirdly, each perpetrator must contribute to the commission of the offense through their actions or omissions, playing an active role in executing the criminal plan. The degree of individual contribution can vary, but each participant’s actions must be considered essential to the overall perpetration of the crime.

The legal consequence of Mittäterschaft is that each co-perpetrator can be held liable for the entire crime, regardless of their individual level of participation. This means that even if one person performs a minor act, they can be held responsible for the full extent of the harm caused by the group. This principle is often referred to as the concept of "equal responsibility" or "shared culpability" among Mittäter. The specific legal framework and definition of Mittäterschaft can vary between jurisdictions, influencing how these cases are prosecuted and adjudicated.