On The Criminal Responsibility Of Organizational And Leaders In The Organization Of Underworld

In the 2009 "anti-crime" special struggle Chongqing, for the syndicate leader and organizer of the criminal identification and attribution, it aroused heated discussion, so the "Criminal Law" Section 294 also caused people’s attention. For theorists organizations, leaders of criminal responsibility has been determined the scope and extent of divergent views, although subsequently introduced several relevant legislation, but in practice the judicial process, identify leaders, organizers of criminal responsibility is still lacking practical guidance.Mafia organization, the leader of criminal responsibility to bear criminal responsibility can be divided into two questions the scope and extent of criminal responsibility. "Li Qiang case involving the Mafia" and "Yangtian Qing case involving the Mafia," Chongqing is a typical case involving the Mafia family, in both cases, the decision also recognized the Mafia organization, the leader of the organization is not to be implemented by member liable for all acts, as well as organizational leaders for the same charges of criminal responsibility and also certain weight than the average member. According to the general theory of "Criminal Law" and common crime shows that the organization, leaders should assume responsibility for the organization’s "All the crime," but all organized crime and the crime is not the same to all members of the organization. Behavior only by members of the organization for the disposal or the interests of the organization in order to be recognized for organizational behavior.The leaders mostly living behind the scenes strategizing, did not participate in the organization of the implementation of all actions. Based organizations, leaders of criminal responsibility is borne by its dominant position in the organization, through its contact with the perpetrator’s mens rea, control Perpetrator acts in accordance with its vision of the direction, to control the entire crime purposes. Organization, leadership organization, leadership behavior and the behavior of the implementation of the general members of the joint criminal behavior are part of these two acts have equivalence. At the same time, the organization, the leader in terms of having greater compared to regular members in dangerousness. That this organization, leaders usually one of the more important reasons for criminal responsibility under the same conditions.Mafia in organizations, leaders criminal liability is a complex issue, in judicial practice is also very troubled. In the context of promoting standardization of sentencing, there are only guilt and punishment criminal law is not sufficient to address the organization, leaders sentencing issues. Sentencing process is the implementation of criminal responsibility of the criminals, and only through this sentencing trial activities, legally correct and appropriate decision on whether criminal sentencing, which imposed the penalty, torture or that the punishment of whether to execute immediately, and if applicable some non-punitive approach, size and degree of responsibility for their crimes in order to be determined.Correctly concluded that separate the effects of the organization, leaders sentencing various subjective and objective factual circumstances, and in accordance with different situations for different organizations, leaders make a reasonable sentence, do not live up vertical, guilt Suiting is to ensure that our syndicate of important safeguards to combat according to law.