In narcotics criminal law, too, the conditions for complicity must be checked according to the general principles: If several people are involved, not all of them
Realizing constituent elements, is an accomplice who includes his own contribution to the act in such a way that it appears as part of the act of another participant and, conversely, his act as a supplement to his own act.
Complicity does not necessarily require participation in the core event itself; A contribution that promotes the realization of the facts and is limited to a preparatory or supportive act may also suffice. In particular, it is therefore not necessary for the perpetrator of the importation of narcotics to bring them into Germany himself!
However, according to the direction of his will, his participation must always be represented as part of everyone’s activity and not be limited to the mere promotion of others’ activities. Significant indications as to whether a participant has such a close relationship with the act can be the degree of their own interest in the success of the act, the extent of involvement in the act and the authority or at least the will to do so, so that the execution and the outcome of the act are also decisive depend on the will of the respective participant. This means – and is often misunderstood by the courts – that just prior knowledge of the act and the will to regard it as joint cannot justify complicity (on all of this, BGH, 2 StR 21/21).
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