Comment On The Discontinuing Of Accomplices

The discontinuing problem of complicity has been very difficult all the time in the judicial practice because of the combination of the theory of the joint crime and the discontinuing theory.The Penal Code has made it clear that a discontinued criminal must satisfy the condition of "validity" or "thoroughly".It is simple to identify in a single crime ---it is satisfied as long as perpetrator suspend his criminal conducts or prevent the crime result initiatively and effivtively,however in the condition of the joint crime it is hard to determine discontinued criminal.Then what condition should accomplices meet to become a discontinued criminal?Trough introducing the legislation reason of discontinued crimal ,the author think that the discontined crimals get alleviately punishment or avoid punishment because of such reasons as follows:from the view of the subsjective perspective , subjective viciousness of the perpetrator is greatly reduced ,then his personal fatalness that reflected is greatly minished;from the view of the obsjective perspective,the perpetrator make his former conduct much less dangerous or no longer really dangerous through his own follow-up conduct. The reason why the penal code prescribes the discontinued crimal with a strict restrict that the result don not happen, is that we have a combined penalty theory,and that the theory restrict utilitarian with retribution.So if the result actually happens in the end ,the perpetrator shall bear the punishment ,and there is no room for discontinued crimal.In the ariticle we think that even in the circumstance of joint crimes,the perpetrator shall satisfy the condition of"validity",however because of the complexity of joint crimes ,the perpetrator can not satisfy the condition of"validity"if he stops his own conduct only.Trough interpreting the common theory of joint crimes ,we know that, before commit the crime ,the accomplices make a common will and then commit the crime in the direction of that will.So all the accomplices should bear the aftermath if the result happens in the end.Just because of the causation they have made to the joint crime,there is an old saying that:Part commit ,Whole respond.We may say that part of the accomplices cut off the mentality connection with others in an implied manner if they stop their conducts initiatively,then they will not consider the conduct of others as their owns.However their former conduct has combined with others'and become the causation of the result of the whole crime,so part of the accomplices cannot be treated as a discontinued criminal if they just stop their conducts.They must cut off the causation of their former conducts effectively and get out of the joint crime effectively.After that we will discuss discontinued criminal of accomplices in the form of organizing offender,executor, fagin and accessory.In the end ,we will make a brief conclusion and will make a brief self-criticism on the shortcomings of this ariticle.