Today’s Legal Enlightenment (Thursday, May 5, 2022) – “THE CRIME OF HELPING TO EMBEZZLE”
The Accused as an assistant cannot be found guilty only based on presupposition because the element of intentionality in providing assistance as referred to in Article 56 paragraph 1 of the Criminal Code cannot only be concluded from the Accused’s obligation to suspect an offense committed by the perpetrator but must be real act in addition to being felt by the person being assisted, and the assistance is really desired by the Defendant, not just because of negligence/culpa.
Supreme Court Decision No. 71 K/Pid/1993 dated September 17, 1996
Regards,
Fredrik J. Pinakunary