Discussion On Omission Coprincipal

Omission coprincipal is a complicated and special criminal pattern ofjoint offence. Some heated disputes on it impenetrate every aspect of thesecrimes′cognizance. Deepen our comprehension of this criminal pattern is veryhelpful to convict the crime accurately in the practice. The dissertationsystematically demonstrates the basic theory of it,investigates its criminalpattern and determines the scope of responsibility for the crime. And thenform the framework of this criminal pattern initially.Chapter one, the warranty of the existence of the crime, is the basementof the other part of the dissertation. Through analyzing and sorting, the writerforwards and demonstrates own opinion on omission coprincipal, namely,affirms people nonfeasantly participating in a crime could become omissioncoprincipal on the theoretic basis of the criminal omission and the jointoffence.Chapter two, on the aforesaid precondition, the dissertation presents basictheory of omission coprincipal, consisting of conception, constitutiverequirements, scope, main types and distinguishing the theoretic differencebetween it and other criminal patterns. The writer′s main standpoints include:Ⅰ. To establish this crime, three constitutes are indispensable. Theprecondition is omission could be the principal in the given crime; thesubjective elements are the idea of practicing the crime together; the objectiveelements are the facts of practice together.Ⅱ. As for the idiographic scope of the crime, omission together with omissionand omission together with act all could form the coprincipal. But onlyfeasance duties are the sameness, could the plural omission offendersconstitute omission coprincipal. And only the omission offender, who burdensthe protective duties together with the act offender, could he constituteomission coprincipal.Ⅲ. According to different standard, the writer categorizes this criminal pattern:pure omission coprincipal and impure omission coprincipal, single-typeomission coprincipal and mixed-type omission coprincipal. Then proves thatindirect omission coprincipal couldn′t be existed.Ⅳ. Omission coprincipal is theoretically different from status crime andcollusive coprincipals. They cannot be blended.Ⅴ. To distinguish omission coprincipal and omission auxiliar, decisive factoris special content of their feasance duties, which divided into protective dutiesand supervisory duties. On the whole, people nonfeasantly participating injoint crime, which have heaviest duty than other joint offenders relatively,could become omission coprincipal. Others omission might become omissionauxiliar. People who breach their supervisory duties, together with actoffenders or protective duties′offenders, could usually become omissionauxiliar.Chapter three, discussion on the criminal pattern of omission coprincipalincludes inchoate pattern and concurrence pattern. Specifically speaking,attempted offense can be considered in the pattern of impure omissioncoprincipal only, which is followed by affirming the time of the criminal begin.In inchoate state of discontinuance, omission offenders not only shouldpractice their feasance duties, but should actually prevent the harmfulconsequences of the crime. If the offender′s positive act cannot prevent...