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The Conviction Of The Accomplices' Cognition Error In Fact

Posted on:2012-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C LiuFull Text:PDF
GTID:2166330335457890Subject:Criminal Law
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This article takes the narrow concept of accomplice which points to the abettors and the accessories. Based on the relevant basic theories of accomplice and cognition error in fact ,the writer comes to some reasonable conclusions as my point of view which is prepared for the following discussing on the topic of the conviction of the abettors'cognition error in fact. This article is divided into three parts.In the first part, on the basis of the disputes of the theories revolving the substantial character of the accomplice and the punishment foundations of the accomplice,the writer comes to viewpoint that the abettors'existence should be appurtenant to the actors'criminal act, as well as the caused theory.In the second part, I analysis the impact of the cognition error in fact on the the responsibility of deliberate criminal . I approve to the theory of statutory conformation. Then I analysis every specific situation by classifying the cognition error in fact into the cognition error in concrete facts and the cognition error in abstract fact.In the third part, I combine the former two parts to discuss the conviction of the abettors'cognition error in fact. At last,I come to the conclusion that it depends: an abettor still commits a crime and is response to the responsibility of deliberate criminal when he has the cognition error in concrete facts,while he is unnecessary to be response to the responsibility of deliberate criminal when he has the cognition error in abstract facts.
Keywords/Search Tags:Accomplice, Abettor, Cognition error in fact, The theory of statutory conformation
PDF Full Text Request
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