Identity Of Doers With Sentence And Punishment In Common Crime

The problem of accomplice and identity, combines the common crime with the special of the identity. There are many different opinions about this problem in the theory field , while this issue can't be avoided in the judiciary practice .The study of this issue is insufficiency and haven't reached a consenss. However ,the research on the accomplice and identity of the penal code is mainly for how to deal with the following situation : when the non—identity and identity make a crime ,and when this identity and that identity make a crime. Secondly ,it complains how to publish to the non—identity when an identity becomes a for adding or lighting the penalty . The paper take the identity of the penalty as a key point, and from tow aspects----the convicting of the common crime and sentencing to discuss the problem of the identity prisioner's convicting and sentencing. In this paper ,the overall idea of solving the problem is: in convicting, the ordinary common criminal nature of the crime is committed by the nature of the criminal action , when there are special body join in the common crime .the influence that the penalty inflect the conviction embody in the process of behavior ,when there are both behavior of the identity and behavior of the non—identity, the nature of identity changed the whole of nature of common crime, we should decide the whole common crime according to the nature of the action by the identity. The influence that The penalty identity inflect the sentencing is : the identity not only impact the conviction , but also impact the sentencing Anybody who have no certain identity participate in crime with certain identity, convict by the common prisioner of the crime , but we should lighten the penalties . when a criminal action made by the identity and the non—identity commonly ,the identity only inflect the identity's penalties ,while it have no influence for the non-- identity.