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Renunciation as a Defense to Solicitation

6 十月, 2015 - 17:06

Similar to conspiracy, many jurisdictions allow renunciation as an affirmative defense to solicitation. 1 The renunciation must be voluntarand complete and must thwarthe crime that is solicited. As the Model Penal Code states, “it is an affirmative defense that the actor, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose” (Model Penal Code § 5.02(3)).