Seceding From The Relationship Of Joint Crime

The theory of seceding from the relationship of joint crime is designed to resolve the problem that although the criminal make great efforts to try to stop crime but still can't manage to stop the other members and crime finally inevitably occurs.Because of the theory of seceding from the relationship of joint crime stem from discontinuance for accomplice,the scholars usually regard the seceding from the relationship of joint crime and the discontinuance for accomplice as the same question to do some researches,which is bound to exceed the article 24 of Chinese Criminal Law about the discontinuance for crime's condition,and damage the theory of discontinuance for crime. Seceding from the relationship of joint crime is that before the accomplishment of crime the doer give up the intention of committing crime and remove help in continuing committing crime of the other members ,even if the other members make the crime happen ,the seceder doesn't need to take the criminal responsibility for the accomplishment of crime .Seceding from the relationship of joint crime must meets the following conditions: the action of seceder must occur before accomplishment of the crime , the seceder subjectively give up the intention of committing joint crime (no matter volunteer or non-volunteer)and objectively take up a serial of the action of secede(first stop his own action and then withdraw help in joint crime), so that the other members might know his intention of breaking away from the crime. The above constitutes must be combined with the different positions of the four suspects: prime culprit, accessory, induced offender ,abettor in practical situations .The penalty for the seceder of joint crime in foreign countries is usually in light of the discontinuance for crime , attempt of crime , circumstances into consideration of crime. Although there isn't any expression provision about the seceding from the relationship of joint crime in the existing Chinese criminal law , a quantity of the cases about the secede of joint crime happen in judicial practice .The articles of secede of joint crime should be amended in general provisions of Criminal law , meanwhile , the justice principals of punishment should be clearly designed . The seceder of volunteering should receive lenient punishment ,mitigated punishment or exemption from criminal responsibility compared with the offenders of the accomplishment crime, the seceder of non-volunteering might receive lenient punishment ,mitigated punishment or exemption from criminal responsibility compared with the offenders of the accomplishment crime . this design not only strengthen the operability in judicial practice ,but also consummate the Chinese Criminal Law system .