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The Research Of Accessory In Complicity

Posted on:2008-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:X J GuFull Text:PDF
GTID:2166360242977357Subject:Law
Abstract/Summary:PDF Full Text Request
Accessory, as part of complicity system―"a desperate chapter in criminal law", is an expression of certain social life, but its meaning is different in different countries and different laws. The accessory definited in PRC's present criminal law, is the result of dividing common criminal into two parts on the standard on actions. The intensive meaning is actually"non-principal function", yet"assistant function"implies to assisting offender. The premise of accessory is the objective existence of the principal, but the cause of preventive of the principal doesn't apply to accessory.The key to set an accessory is how to distinguish the effect on"being principal or being accessory". To be an accessory of perpetration, there should be three features: being passive in criminal intent, being controlled in behavior and less harmfulness in result. Abetted offender having no criminal intent before he/she is abetted is the criteria to recognize an abettor's main function and assisting function. In practice, it's recognized by the extent of abettor's influence upon abetted offender. To judge an accessory of not being, the sense of obligation should be paid attention to the application on"being principal or being accessory". The ceasing style of accessory is determined by the stop of a joint crime. But in certain circumstances, accessory may stop independently out side of a joint criminal relationship. What's more, assisting crime as regulated in criminal law provision is a phenomenon of independent crime in accessory. Once it's set as an independent criminal, it no longer go after go after general rules regulations of criminal laws about accessories, but go after the regulations in the specific provisions of criminal law.Responsibility for an accessory doesn't affiliate to the principals. Both principal and accessory constitute behavior by partial crime yet the have to take the whole responsibility of their joint crime. The difference is that the accessory should"be released, mitigated or remitted from a punishment"in the range of all responsibility.
Keywords/Search Tags:accessory, complicity, "partial behavior, full responsibility"
PDF Full Text Request
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