Study On The Withdraw From The Complicity

The concept of withdraw from the complicity was firstly proposed by the Japanese scholar. Germany and Chinese Macao, and others have the similar provisions in the Penal Code. Their penal codes provide for the criminal penalties of the accomplices relations. It is to settle the criminal responsibility of the prisoners who did theirs best of the suspension, but still did not prevent other living prisoners'criminal acts or the outcome of the criminal complicity in the common crime. Chinese criminal law does not make clear about withdraw from the complicity. Judicial practice considers the criminal suspension as discretion. It has not formed its own specialized theory. Therefore, this article is based on the theory of Chinese criminal law. It should be regarded as a special type of crime and put it into the common identity of the criminal system. It should be defined with our criminal law theory and constructed our own theory of withdraw from the complicity, in order to enrich the theory of our criminal law.The whole article is divided into three parts: preface, main text and conclusion.The preface mainly explains the meaning of the conception of withdraw from the complicity and the necessity of research.The main text concludes four sections:The first part is the conception and features of withdraw from the complicity. Define to the concept of withdraw from the complicity in our criminal law is the prerequisite and foundation of study. On the basis of this its features are described. It is mainly on the basis of introducing the domestic...