On The Withdraw From Complicity

This paper is divided into introduction, body and conclusion of three parts.In the introduction, the author briefly introduces the generation of the theory withdraw from complicity, but also explain its significant function to disintegrate the criminal organization and prevention of crime.The main body of this paper includes four parts.The first part define the concept of withdraw from complicity, and compare withdraw from complicity with suspension of a common criminal to find the similarities and differences of them.The second part introduce the Japanese theories about withdraw from complicity, including the theories of lack of means to contact, cut causal relationship and behavior functional control. We can see their defects through analyze and evaluate of these theories, I support the theory cut off causal relationship as the essence of withdraw from complicity.The third part is the main part of the body. In this section, the author explain the specific types of withdraw from complicity, including withdraw from the relationship of joint principal offender, from the relationship of instigator and from the relationship of accessory. To withdraw from the relationship of joint principal offender, it is divided into withdraw in preparation or premeditation and after the crime initiates two detail cases, and also discuss whether the conspiracy common crime come into existence. To withdraw from the relationship of instigator and accessory, it is divided into withdraw before the principal offender initiate the crime and after initiate the crime two detail cases. Discuss the important conditions of withdraw from complicity. Through discuss draw the conclusion as that, it can be called withdraw from complicity only if the doer cut off the influences of his previous criminal acts on other joint criminal offenders or on the fruit of the joint offence. The influences on other joint criminal offenders include Physical effects and Psychological effects. When they withdraw from the detail joint offence relationship the instigator and accessory will do different specific measures to cut off the Physical effects and Psychological effects, the legal review after withdraw from complicity is also discussed in this part.The fourth part briefly discusses in which stages of commission of a crime can withdraw from complicity come into existence, and also discusses how to punish the offenders who withdraw from complicity and other offenders in the joint offence.In conclusion, this section briefly generalize the theory of withdraw from complicity base on all the above discussions in this paper.