Enticement and Encouragement as Forms of Incitement (Complicity) to Commit a Crime in Ancient Georgian Criminal Law

Abstract

This article explores one of the most important institutions in criminal law complicity with a particular focus on forms of instigation in ancient Georgian legal tradition. Specifically, the study examines two distinct types of instigation, referred to as the "enticer" and the "instigator."

Examining the issue, particular attention is given to the subjective aspect of the crime, as the punishment of the instigator is based on the principle of subjective prosecution. In various sections of the article, the issue of the instigator's criminal liability is analyzed through specific examples from judicial practice.

The article concludes that, at the time of the commission of the crime, accomplices were never exempt from criminal liability. On the contrary, their responsibility was often considered greater than that of the direct perpetrators who merely carried out the will of the instigators. This clearly reflects the application of the principle of subjective prosecution in the attribution of culpability because criminal liability applies not only to the direct perpetrator of the crime, but also to the person who, through words and advice, incites another person to commit the crime.